Immigration Law

Recent Posts

USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018
Posted on 18 Feb 2019 by Daniel M. Kowalski

USCIS, Feb. 15, 2019 "USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service... Read More

USCIS to Close the Moscow Field Office
Posted on 5 Feb 2019 by Daniel M. Kowalski

USCIS, Feb. 5, 2019 "Due to a significant decrease in workload, USCIS will permanently close its field office in Moscow, Russia, on March 29, 2019. The last day the office will be open to the public and accepting applications is Feb. 28, 2019.... Read More

Tags: USCIS , Moscow

H-1B Final Rule (Jan. 31, 2019)
Posted on 30 Jan 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 "This final rule amends Department of Homeland Security (“DHS” or “the Department”) regulations governing petitions filed on behalf of H-1B beneficiaries who... Read More

Tags: H-1B , final rule , USCIS

USCIS Issues 'Migrant Protection Protocols' Guidance Policy Memo (Jan. 28, 2019)
Posted on 28 Jan 2019 by Daniel M. Kowalski

USCIS, Jan. 28, 2019 "SUBJECT: Guidance for Implementing Section 235(b)(2)(C) of the Immigration and Nationality Act and the Migrant Protection Protocols Purpose This memorandum provides guidance to immigration officers in U.S. Citizenship and... Read More

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

Stats, Docs from Nov. 16, 2018 USCIS Asylum Division Quarterly Stakeholder Meeting
Posted on 28 Jan 2019 by Daniel M. Kowalski

USCIS, Jan. 8, 2019 Affirmative Asylum Statistics July 2018 (PDF, 276 KB) Affirmative Asylum Statistics August 2018 (PDF, 275 KB) Affirmative Asylum Statistics September 2018 (PDF, 336 KB) Credible Fear and Reasonable Fear Statistics and Nationality... Read More

USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions
Posted on 28 Jan 2019 by Daniel M. Kowalski

USCIS, Jan. 25, 2019 "USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who... Read More

USCIS Policy Alert: Policies and Procedures for Secure Identity Documents (Jan. 16, 2019)
Posted on 16 Jan 2019 by Daniel M. Kowalski

USCIS, Jan. 16, 2019 "USCIS issues a variety of secure documents that establish identity and immigration status in the United States. These include, but are not limited to, employment authorization documents, travel documents, permanent resident... Read More

New Guidance to IJs and AOs pursuant to Grace v. Whitaker
Posted on 14 Jan 2019 by Daniel M. Kowalski

Karen Musalo , Bank of America Foundation Chair in International Law and Professor & Director, Center for Gender & Refugee Studies at U.C. Hastings College of the Law writes: "Following up on U.S. District Court Judge Emmet Sullivan’s... 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

USCIS Reduces Services, Eliminates Use of Service Center E-Mail Boxes
Posted on 27 Dec 2018 by Daniel M. Kowalski

USCIS, Dec. 21, 2018 - "As part of the agency’s efforts to streamline requests for case assistance, we are discontinuing the use of USCIS service center e-mail boxes for case-specific questions on Jan. 21, 2019. Instead, USCIS is focusing our... Read More

Pro Se Attorneys Ineligible for Fee Awards Under FOIA - Gahagan v. USCIS (CA5)
Posted on 27 Dec 2018 by Daniel M. Kowalski

Gahagan v. USCIS - "The question presented is whether attorneys appearing pro se can recover fees under the Freedom of Information Act (“FOIA”). The district court held no. We affirm." Read More

Tags: fees , FOIA , USCIS , pro se

Jeffrey S. Chase on the Impact of Grace v. Whitaker
Posted on 25 Dec 2018 by Daniel M. Kowalski

Jeffrey S. Chase, Dec. 24, 2018 - "Six months after a significant number of U.S. immigration judges cheered a decision intended to revoke the hard-earned right of domestic violence victims to asylum protection, immigration advocates had their chance... 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

USCIS Policy Alert: Sufficiency of Medical Certification for Disability Exceptions (Form N-648)
Posted on 12 Dec 2018 by Daniel M. Kowalski

USCIS, Dec. 12, 2018 - "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update and clarify filing procedures and adjudications on the Medical Certification for Disability Exceptions (Form... Read More