Immigration Law

Recent Posts

Lawsuit Challenges Systemic USCIS and ICE FOIA Delays
Posted on 20 Jun 2019 by Daniel M. Kowalski

AIC, June 19, 2019 "Under the Freedom of Information Act (FOIA), individuals must receive a determination on requests for information within a maximum of 30 days. However, individuals and attorneys who file FOIAs with the United States Citizenship... Read More

Tags: FOIA , USCIS , ICE

H-1B Visa Petition Revocations: the New Normal?
Posted on 12 Jun 2019 by Daniel M. Kowalski

Laura D. Francis, Bloomberg, June 11, 2019 "Comtrix Solutions Inc., a Virginia-based health care staffing company, got approval to bring in skilled foreign workers on H-1B visas for several clients in October 2018, six months after it applied.... Read More

Tags: H-1B , USCIS

Is USCIS Hiding Asylum Training Materials?
Posted on 12 Jun 2019 by Daniel M. Kowalski

Francie Diep, Pacific Standard, June 7, 2019 "It used to be that, to help refugees prepare to meet with a government officer who will decide whether they qualify for asylum, immigration lawyers would look up the documents that the government used... Read More

Tags: training , USCIS , asylum

Ken Cuccinelli, USCIS and the FVRA: Steve Vladeck
Posted on 10 Jun 2019 by Daniel M. Kowalski

Steve Vladeck, June 10, 2019 " The last time I wrote about the Trump administration’s abuse of the Federal Vacancies Reform Act (FVRA) of 1998 , I opened with Yogi Berra’s famous quip that “it’s like déjà vu... Read More

Making the Case for Expanding a Foreign National’s Interest in an I-140 Petition
Posted on 5 Jun 2019 by Daniel M. Kowalski

Cyrus D. Mehta & Patrick Matutina, June 5, 2019 "Current regulations generally preclude beneficiaries from participating in employment-based immigrant visa proceedings, including post-adjudication motions and appeals. The employment-based immigrant... Read More

Tags: mehta , USCIS , i-140

Reps Lead Bipartisan Letter to Change Administration Guidance on Immigrants Working in the Cannabis Industry
Posted on 30 May 2019 by Daniel M. Kowalski

Congressman Joe Neguse, May 29, 2019 "Representatives Joe Neguse (D-CO), Hakeem Jeffries (D-NY) and Kelly Armstrong (R-ND) are leading a bipartisan letter urging Attorney General Barr and Acting Secretary McAleenan to retract guidelines issued... Read More

Cyrus Mehta: Is USCIS Improving or Undermining the Immigration System?
Posted on 8 Apr 2019 by Daniel M. Kowalski

Cyrus Mehta, Apr. 6, 2019 "USCIS posted TOP TEN WAYS USCIS is improving the Integrity of the Immigration System . Really? Is USCIS improving the integrity of the system or undermining it? The USCIS has been mandated by Congress to grant benefits... Read More

Tags: mehta , USCIS

Immigration Agencies Communicated Prior to Arrest of Sanctuary Leader
Posted on 27 Mar 2019 by Daniel M. Kowalski

Tina Vasquez, Rewire.News, Mar. 25, 2019 "Documents obtained by Rewire.News through a Freedom of Information Act (FOIA) request show that immigration enforcement officials reached out to the federal agency tasked with naturalizations and immigration... Read More

Lack of Digitization at USCIS Creates 'Paper Wall'
Posted on 12 Mar 2019 by Daniel M. Kowalski

Daniel Moattar, The Nation, Mar. 5, 2019 "Government audits point to “management weaknesses” at the agency. Some attorneys, like Bayley, believe USCIS leadership is competent but “overwhelmed” by the scale of the task. ... Read More

Tags: USCIS

Angelo A. Paparelli on Immigration Litigation: "Sue the Miscreants!"
Posted on 6 Mar 2019 by Daniel M. Kowalski

Angelo A. Paparelli, Mar. 4, 2019 "Much digital ink has already been spilled reporting on the phantom tide of undocumented migrants supposedly breaching our Southern border. This article will address a different, but very-real immigration flood... Read More

Fraud Alert: DHS Telephone Numbers Used in Scam to Obtain Personally Identifiable Information and Extort Money from Victims
Posted on 5 Mar 2019 by Daniel M. Kowalski

DHS, Mar. 1, 2019 "The U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) is issuing this fraud alert to warn citizens of reports that DHS telephone numbers have been used recently as part of a telephone spoofing scam... Read More

Tags: spoofing , Fraud , USCIS , DHS

To Leave Or Not To Leave: The Devastating Impact of USCIS’s Unlawful Presence Policy on Foreign Students - Cyrus Mehta
Posted on 28 Jan 2019 by Daniel M. Kowalski

Cyrus Mehta, Jan. 28, 2019 "The new USCIS Policy on Unlawful Presence for F, J and M Nonimmigrants took effect on August 9, 2018. This policy has had the effect of rendering nonimmigrants in F, J and M status, mainly students, unlawfully present... Read More

Expert: Focus on USCIS H-1B Policy, Not Trump's Tweets
Posted on 14 Jan 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, Jan. 14, 2019 - "On January 11, 2019, Donald Trump surprised the business and policy community by announcing via Twitter that positive “changes are coming soon” for H-1B visa holders. What does this announcement... Read More

The Curse of Kazarian v. USCIS in Extraordinary Ability Adjudications Under the Employment-Based First Preference - Cyrus Mehta
Posted on 18 Dec 2018 by Daniel M. Kowalski

Cyrus Mehta, Dec. 17, 2018 - "When Kazarian v. USCIS , 596 F.3d 1115 (9th Cir. 2010), was first decided, it was received with much jubilation as it was thought that the standards for establishing extraordinary ability would be more straightforward... Read More

Cyrus Mehta on a New Mutant H-1B Gene - Undifferentiated Engineering Degrees
Posted on 20 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta, Nov. 19, 2018 - "It has become harder to obtain an approval of an H-1B visa petition under the Trump administration. The USCIS insists that an occupation must require a degree in a specific specialty. It constantly moves the goalposts... Read More