Immigration Law

Recent Posts

USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap Subject Petitions
Posted on 17 May 2019 by Daniel M. Kowalski

USCIS, May 17, 2017 "USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in our computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous... Read More

DHS, DOL Post H-2B Rule (May 8, 2019)
Posted on 6 May 2019 by Daniel M. Kowalski

Here is an Advance Copy of the rule to be published on Wednesday, May 8, 2019. Read More

Federal Court Enjoins Aug. 2018 USCIS 'Unlawful Presence' Policy Memo: Guilford College v. USCIS
Posted on 3 May 2019 by Daniel M. Kowalski

Guilford College v. USCIS, May 3, 2019 "Plaintiffs’ lawsuit relates to the U.S. Citizenship and Immigration Services’ (“USCIS”) issuance and application of the August 9, 2018 Policy Memorandum, PM-602-1060.1 , titled “Accrual... Read More

USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants
Posted on 29 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 29, 2019 "USCIS and U.S. Customs and Border Protection (CBP) are extending the joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30,... Read More

Israeli Nationals Eligible for E-2 Treaty Investor Visas, May 1, 2019
Posted on 23 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 22, 2019 "Israeli Nationals Eligible for Treaty Investor Visas Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification... Read More

USCIS Policy Alert: Controlled Substance-Related Activity and Good Moral Character Determinations
Posted on 19 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 19, 2019 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing... Read More

USCIS Policy Alert: Marriage Involving Minor(s) - April 12, 2019
Posted on 14 Apr 2019 by Daniel M. Kowalski

USCIS Policy Alert: Marriage Involving Minor(s) - April 12, 2019 "U.S. Citizenship and Immigration Services (USCIS) is updating the Adjudicator’s Field Manual (AFM) to add Chapter 21.3(a)(2)(D)(iv), Interview Guidelines for Form I-130 Spousal... Read More

A.G. Barr Seeks to Push BIA Final Rule over Finish Line
Posted on 12 Apr 2019 by Daniel M. Kowalski

Tal Kopan, San Francisco Chronicle, Washington Bureau, Apr. 12, 2019 "Attorney General William Barr is making his first major moves on immigration policy since his confirmation, setting up big changes for the courts that decide whether immigrants... Read More

Tags: Regulation , barr , bia , eoir , USCIS

USCIS Completes the H-1B Cap Random Selection Process for FY 2020 and Reaches the Advanced Degree Exemption Cap
Posted on 11 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 11, 2019 "On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After... Read More

Tags: H-1B , USCIS

Plaintiffs Laud Court Order That Will Prohibit DHS From Unlawfully Denying Migrant Youth Humanitarian Status
Posted on 11 Apr 2019 by Daniel M. Kowalski

The Legal Aid Society and Latham & Watkins LLP, Apr. 10, 2019 "The Legal Aid Society and Latham & Watkins LLP lauded a Federal Court order in R.F.M. et al. v. Nielsen, et al. , that will ensure that class members’ applications for... Read More

New Data Show H-1B Denial Rates Reaching Highest Levels
Posted on 10 Apr 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, Apr. 10, 2019 "When U.S. Citizenship and Immigration Services (USCIS) introduced its H-1B Employer Data Hub skeptics assumed the agency hoped to generate negative attention toward companies and H-1B visa holders. However... Read More

Tags: H-1B , USCIS

AAO Grants T Visa Appeal About Presence “On Account of” Trafficking
Posted on 8 Apr 2019 by Daniel M. Kowalski

Matthew Hoppock, Apr. 7, 2019 "After an informal policy shift last year led the USCIS to start denying human trafficking visas by misreading the statutory text, creating a requirement that never existed before, we’ve won our first appeal... Read More

USCIS Reopens Comment Period on Fee Waiver Eligibility Proposal
Posted on 8 Apr 2019 by Daniel M. Kowalski

CLINIC, Apr. 8, 2019 "USCIS announced it is advancing its plan to eliminate receipt of a means-tested benefit as sufficient evidence to receive a filing fee waiver via the Federal Register Notice published April 5, 2019. The notice opens a new... Read More

USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes (Mar. 19, 2019)
Posted on 19 Mar 2019 by Daniel M. Kowalski

USCIS, Mar. 19, 2018 "U.S. Citizenship and Immigration Services (USCIS) today announced the start of the fiscal year (FY) 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data... Read More

Tags: H-1B , USCIS

USCIS Set to Close Overseas Offices, Jeopardizing US Military Families
Posted on 12 Mar 2019 by Daniel M. Kowalski

Miriam Jordan, New York Times, Mar. 12, 2019 "The Trump administration is preparing to shutter many of its immigration operations abroad, cutting back on a key support system for those applying overseas to relocate to the United States. The director... Read More