Immigration Law

Recent Posts

Advance Copy of USCIS Fee Schedule Final Rule
Posted on 21 Oct 2016 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 10/24/2016 - "The Department of Homeland Security (DHS) is adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration... Read More

USCIS Delivery Service Error Guidance for FY16 H-1B Cap Filings
Posted on 6 Apr 2015 by Daniel M. Kowalski

"USCIS would like to inform stakeholders about the proper action to take if cap-subject filings for fiscal year 2016 H-1B petitions are mishandled by delivery services. If a petitioner filed an FY16 H-1B cap petition in a timely manner, but received... Read More

Tags: H-1B , error , delivery , USCIS

USCIS Recommendation to Terminate TPS for Haiti (Apr. 10, 2017)
Posted on 21 Apr 2017 by Daniel M. Kowalski

In a memo dated Apr. 10, 2017 , USCIS Acting Director James W. McCament recommended to DHS Secretary Kelly that Temporary Protected Status ("TPS") for certain Haitians be terminated, effective Jan. 22, 2018: "...USCIS has concluded that... Read More

Tags: Haiti , tps , kelly , USCIS , DHS , memo , mccament

USCIS Regulatory Agenda Includes Employment-Based Immigration 'Modernization'
Posted on 23 May 2015 by Daniel M. Kowalski

"The Department of Homeland Security (DHS) is proposing to modernize the immigrant visa system by amending its regulations governing the adjustment of status process and employment-based immigration. Through this rule, DHS proposes to allow certain... Read More

Advance Copy of USCIS Proposed Rule: Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
Posted on 30 Dec 2015 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 12/31/2015 - "The Department of Homeland Security (DHS) is proposing to amend its regulations related to certain employment-based immigrant and nonimmigrant visa programs. The... Read More

Why Matter of R-C-C-S-D- Matters
Posted on 30 Oct 2016 by Daniel M. Kowalski

Jennifer Casey writes : "A reading of the statutory and regulatory requirements for a Q-1 cultural exchange program would suggest that many, if not most, language immersion schools should easily qualify for Q-1 designation. However, over the last... Read More

Tags: q-1 , AAO , language , USCIS

Interview with Margaret Stock on DOD/USCIS Shutdown of MAVNI
Posted on 3 May 2017 by Daniel M. Kowalski

Texas Standard, May 2, 2017 - "[T]he New York Times is reporting the process of granting citizenship to immigrant soldiers is suffering serious delays. Margaret Stock, a retired lieutenant colonel in the Army Reserve, and a lawyer representing some... Read More

USCIS Completes the H-1B Cap Random Selection Process for FY 2017
Posted on 13 Apr 2016 by Daniel M. Kowalski

USCIS, Apr. 12, 2016 - "U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016 , that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than... Read More

Tags: cap , H-1B , USCIS

USCIS Sued Over 'Unlawful Delay' Of Citizenship Applications Of Muslims - Arapi v. USCIS
Posted on 19 May 2016 by Daniel M. Kowalski

Talal Ansari, BuzzFeed News, May 18, 2016 - "The United States Citizenship and Immigration Services (USCIS) unlawfully delays the citizenship applications of Muslim immigrants due to a secretive immigration program, according to a lawsuit filed Wednesday... Read More

USCIS Proposes to Raise Fees 21% (Will We See a 21% Improvement in Service?)
Posted on 3 May 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 86 / Wednesday, May 4, 2016 - "The Department of Homeland Security (DHS) proposes to adjust certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS).... Read More

USCIS Fee Schedule Final Rule; Effective Dec. 23, 2016
Posted on 22 Oct 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 205 / Monday, October 24, 2016 - "The Department of Homeland Security (DHS) is adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services ... Read More

USCIS Reaches the H-2B Cap for the First Half of Fiscal Year 2016
Posted on 22 Mar 2016 by Daniel M. Kowalski

USCIS, Mar. 21, 2016 - "USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first half of Fiscal Year (FY) 2016. March 15, 2016 was the final receipt date for new H-2B worker petitions requesting... Read More

Tags: cap , USCIS , H-2B

USCIS Reaches FY 2018 H-1B Visa Cap
Posted on 7 Apr 2017 by Daniel M. Kowalski

USCIS, Apr. 7, 2017 - "U.S. Citizenship and Immigration Services has reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced... Read More

Tags: cap , H-1B , USCIS

DACA Renewal Process Released
Posted on 5 Jun 2014 by Daniel M. Kowalski

"Secretary of Homeland Security Jeh Johnson today announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration Services (USCIS) has submitted to the Federal... Read More

Tags: daca , Renewal , USCIS

Will Trump Break Promise to Haitians, Cancel TPS?
Posted on 21 Apr 2017 by Daniel M. Kowalski

Alan Gomez, USA Today, Apr. 20, 2017 - " President Trump's immigration agency is recommending that the U.S. end temporary protections by next January for 50,000 Haitians allowed to remain in the United States following a series of natural disasters... Read More

Tags: Haiti , tps , letter , Trump , USCIS , mccament