Immigration Law

Recent Posts

Feds Withdraw Guilford College Appeal
Posted on 5 Aug 2020 by Daniel M. Kowalski

DHS has withdrawn its appeal to the Circuit Court of Appeals for the Fourth Circuit. Thus, the Feb. 6, 2020 permanent nationwide injunction is the final word. Here is Ron Klasko's Feb. 18, 2020 essay on why the decision is so important. Statement... Read More

USCIS Caves on Public Charge...For Now
Posted on 1 Aug 2020 by Daniel M. Kowalski

USCIS, July 31, 2020 "On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security... Read More

Massive USCIS Fee Hike: Final Rule (Aug. 3, 2020)
Posted on 31 Jul 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 149 / Monday, August 3, 2020 "This final rule adjusts certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). It also removes certain fee exemptions... Read More

Tags: fees , USCIS

Impending USCIS Furloughs Will Contribute to a Historic Drop in U.S. Immigration Levels: MPI
Posted on 29 Jul 2020 by Daniel M. Kowalski

Muzaffar Chishti, Sarah Pierce, and Kira Olsen-Medina, MPI, July 28, 2020 "In one of the largest ever furloughs by a single government agency, U.S. Citizenship and Immigration Services (USCIS) leadership has announced its intent to temporarily... Read More

Tags: furlough , USCIS

"USCIS Has the Money"
Posted on 28 Jul 2020 by Daniel M. Kowalski

"USCIS has the money, is asking for more money, and is raising it fees all at once, yet it refuses to do its job and keep its employees working and the immigration system operable." Statement of Sharvari Dalal-Dheini Director, Government Relations... Read More

USCIS EB-5 Policy Alert (July 24, 2020)
Posted on 24 Jul 2020 by Daniel M. Kowalski

USCIS, July 24, 2020 - Clarifying Guidance for Deployment of Capital in Employment-Based Fifth Preference (EB-5) Category "U.S. Citizenship and Immigration Services (USCIS) is issuing clarifying policy guidance in the USCIS Policy Manual regarding... Read More

CA2 on Antique Firearms: Jack v. Barr
Posted on 16 Jul 2020 by Daniel M. Kowalski

Jack v. Barr "In these tandem cases, Jervis Glenroy Jack and Ousmane Ag each petition for review of decisions of the Board of Immigration Appeals (BIA) ordering them removed based on their New York firearms convictions. See 8 U.S.C. § 1227... Read More

USCIS on Discretion (July 15, 2020)
Posted on 15 Jul 2020 by Daniel M. Kowalski

On July 15, 2020 USCIS issued Policy Alert PA-2020-10 entitled Applying Discretion in USCIS Adjudications , and updated Chapter 5 and Chapter 8 of the Policy Manual. Read More

Tags: USCIS , discretion

Massive APA Victory at CA11 for Ira Kurzban!
Posted on 9 Jul 2020 by Daniel M. Kowalski

Canal A Media v. USCIS "Plaintiffs Canal A Media Holding, LLC (“Canal A Media”) and Erick Archila appeal the District Court’s dismissal of their amended complaint for lack of subject-matter jurisdiction. They seek to challenge... Read More

USCIS to Furlough 13,000 Unless Congress Provides $1.2B Bailout
Posted on 26 Jun 2020 by Daniel M. Kowalski

USCIS, June 25, 2020 "U.S. Citizenship and Immigration Services Deputy Director for Policy Joseph Edlow issued the following statement on the agency’s fiscal outlook due to the COVID-19 pandemic: “The effects of the coronavirus pandemic... Read More

Tags: COVID-19 , USCIS

Angelo A. Paparelli on H-1B Litigation, USCIS Memo
Posted on 24 Jun 2020 by Daniel M. Kowalski

Angelo A. Paparelli, June 22, 2020 Litigation Victories Force USCIS to Rescind Restrictive H-1B Memoranda ~ Agency Also Offers Unclear Guidance on H-1B “Nonproductive” Status "In the wake of recent losses in the federal courts, U... Read More

Tags: paparelli , H-1B , USCIS

Advance Copy of Devastating Asylum Final Rule
Posted on 23 Jun 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 06/26/2020 "On November 14, 2019, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) that would modify DHS’s regulations governing... Read More

Tags: USCIS , DHS , asylum

USCIS Final Rule on Asylum EAD Processing Times
Posted on 19 Jun 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 "This final rule removes a Department of Homeland Security (DHS) regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum... Read More

Tags: ead , USCIS , asylum

USCIS H-1B Policy Memo (June 17, 2020)
Posted on 18 Jun 2020 by Daniel M. Kowalski

USCIS, June 17, 2020 "USCIS is rescinding the following policy memoranda and issuing updated policy guidance in their place: • Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements... Read More

Tags: H-1B , USCIS

USCIS "Public Charge" Policy Manual Update (June 16, 2020)
Posted on 17 Jun 2020 by Daniel M. Kowalski

USCIS, June 16, 2020 "This technical update removes the WA Food Assistance Program for Legal Immigrants from the list of examples of state, local, and tribal cash assistance programs that are considered income maintenance for purposes of the public... Read More