Immigration Law

Recent Posts

USCIS Processing Delays and the Resulting Consequences to TPS Holders and their Families
Posted on 2 Jul 2019 by Daniel M. Kowalski

CLINIC Policy Brief, June 25, 2019 "CLINIC’s policy brief examines extreme processing delays at USCIS under the Trump administration and the particular consequences to TPS holders and their families. The brief questions USCIS’ methods... Read More

Tags: tps , USCIS

Court Sanctions Against USCIS Could Affect All Visa Adjudications
Posted on 26 Jun 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, June 25, 2019 "U.S. Magistrate Judge Joaquin V.E. Manibusan, Jr. has recommended to the U.S. District Court of Guam that a Motion for Contempt be granted and sanctions be ordered against U.S. Citizenship and Immigration... Read More

Tags: sanctions , Guam , H-1B , USCIS , H-2B

Waiting for Work Authorization
Posted on 25 Jun 2019 by Daniel M. Kowalski

Elizabeth Redden, Inside Higher Ed, June 25, 2019 "Colleges are seeing increases in processing times for international students applying for work authorization through the Optional Practical Training, or OPT, program, leaving some students with... Read More

Illogical Situation for F2A Spouses and Children under the July 2019 Visa Bulletin - Cyrus Mehta
Posted on 24 Jun 2019 by Daniel M. Kowalski

Cyrus Mehta, June 23, 2019 "The Department of State Visa Bulletin is eagerly anticipated each month. It tells aspiring immigrants their place in the green card queue, and whether one has moved ahead, remained static or gone backwards. There are... Read More

CA4 on Honduras, Gang Violence: Alvarez Lagos v. Barr
Posted on 17 Jun 2019 by Daniel M. Kowalski

Alvarez Lagos v. Barr "Sindy Marilu Alvarez Lagos testified credibly that she and her then-seven-year-old daughter, natives and citizens of Honduras, were threatened with gang rape, genital mutilation, and death if they did not comply with the... Read More

Tags: USCIS , Honduras , asylum

New USCIS memo denies access to non-adversarial affirmative asylum procedures for many vulnerable children - CLINIC Legal
Posted on 13 Jun 2019 by Daniel M. Kowalski

CLINIC Legal, June 13, 2019 "Consistent with the Trump administration’s ongoing efforts to roll back protections that Congress established for vulnerable children through the William Wilberforce Trafficking Victims Protection Reauthorization... Read More

Tags: Children , USCIS , asylum

Cuccinelli Named Acting Director of USCIS
Posted on 10 Jun 2019 by Daniel M. Kowalski

USCIS, June 10, 2019 "Department of Homeland Security Acting Secretary Kevin McAleenan today announced that Kenneth T. (Ken) Cuccinelli will serve as the new acting director of U.S. Citizenship and Immigration Services (USCIS), effective June 10... Read More

Tags: Cuccinelli , USCIS

Cap Reached for Additional H-2B Visas for FY 2019
Posted on 10 Jun 2019 by Daniel M. Kowalski

USCIS, June 7, 2019 "USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit (also called a cap) for fiscal year (FY) 2019. As previously announced ... Read More

Tags: USCIS , H-2B

USCIS Asylum Memo: Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children (May 31, 2019)
Posted on 5 Jun 2019 by Daniel M. Kowalski

USCIS Asylum Division, May 31, 2019 "This memorandum provides updated procedures to U.S. Citizenship and Immigration Services (USCIS) asylum offices on asylum applications filed by unaccompanied alien children ("UACs", or "UAC"... Read More

Tags: USCIS , asylum

Court Slaps USCIS in MAVNI Natz Lawsuit: Nio v. DHS
Posted on 23 May 2019 by Daniel M. Kowalski

Nio v. DHS, May 22, 2019 "The question before the Court is whether the U.S. Department of Homeland Security (“DHS”) and its sub-agency U.S. Citizenship and Immigration Services (“USCIS”) acted lawfully when they instituted... Read More

Tags: nio , mavni , bia , APA , Naturalization , USCIS

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