Immigration Law

Recent Posts

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

USCIS Closes Havana Field Office on Dec. 10, 2018
Posted on 11 Dec 2018 by Daniel M. Kowalski

USCIS, Dec. 10, 2018 "USCIS will permanently close its field office in Havana, Cuba, on Dec. 10, 2018. The USCIS field office in Mexico City, Mexico, will assume the Havana Field Office’s jurisdiction over U.S. immigration matters for individuals... Read More

Tags: havana , Cuba , USCIS

USCIS Revises Interview Waiver Guidance for Form I-751
Posted on 10 Dec 2018 by Daniel M. Kowalski

USCIS, Dec. 10, 2018 "USCIS has issued a policy memorandum (PDF, 115 KB) (PM) providing guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence . This PM goes into... Read More

EB-5 Victory: Zhang v. USCIS
Posted on 5 Dec 2018 by Daniel M. Kowalski

Zhang v. USCIS - "[T]he essential issue is whether lawfully-obtained, loan proceeds invested in the enterprise as cash are properly characterized as “cash” or as “indebtedness” pursuant to 8 C.F.R. § 204.6(e). Because... Read More

Proposed H-1B Rule (USCIS, Federal Register, Dec. 3, 2018)
Posted on 2 Dec 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 - "The Department of Homeland Security (‘‘DHS’’ or ‘‘the Department’’) is proposing to amend its regulations governing petitions filed... Read More

Updated NTA Guidance (USCIS, Nov. 15, 2018)
Posted on 29 Nov 2018 by Daniel M. Kowalski

USCIS, Nov. 15, 2018 - "On Nov. 15, the Public Engagement Division (PED) held a stakeholder teleconference to discuss the USCIS Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAsl in Cases Involving Inadmissible and... 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

USCIS Simplifies Access to Online Data
Posted on 16 Nov 2018 by Daniel M. Kowalski

USCIS, Nov. 16, 2018 - "U.S. Citizenship and Immigration Services (USCIS) announced today that it has consolidated the data pages on its website to include all data on one page. The new Immigration and Citizenship Data page makes information more... Read More

Tags: USCIS , data

USCIS Procedural Guidance on Trump's Asylum Ban (Nov. 9, 2018)
Posted on 12 Nov 2018 by Daniel M. Kowalski

USCIS, Nov. 9, 2018 - "This memorandum provides U.S. Citizenship and Immigration Services (USCIS) asylum officers with guidance for considering and processing claims of asylum, statutory withholding of removal, and protection under the Convention... Read More

Tags: caravan , Trump , USCIS , asylum

USCIS NTA Policy Memo Update (Nov. 8, 2018)
Posted on 8 Nov 2018 by Daniel M. Kowalski

USCIS, Nov. 8, 2018 - "On June 28, 2018, USCIS issued a new Notice to Appear (NTA) policy memorandum (PM) (PDF, 140 KB) providing guidance on when USCIS may issue Form I-862, Notice to Appear. An NTA is a document that instructs an individual to... Read More

USCIS Federal Register TPS Notice: Compliance with Ramos v. Nielsen (Oct. 31, 2018)
Posted on 31 Oct 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 - "Through this Notice, the Department of Homeland Security (DHS) announces actions to ensure its compliance with the preliminary injunction order of the U.S. District Court for the... Read More

USCIS Policy Alert: Immigrant Investors and Debt Arrangements (Oct. 30, 2018)
Posted on 30 Oct 2018 by Daniel M. Kowalski

USCIS Policy Alert : Immigrant Investors and Debt Arrangements (Oct. 30, 2018) - " This update to Volume 6 of the Policy Manual clarifies which redemption agreements are considered debt arrangements." Read More

Preliminary Injunction Granted in SIJ Lawsuit: J.L. v. Cissna
Posted on 25 Oct 2018 by Daniel M. Kowalski

J.L. v. Cissna, Oct. 24, 2018 - "Plaintiffs are young immigrants who were abused, neglected, or abandoned by their parents. They seek classification as Special Immigrant Juveniles (“SIJ”) as a pathway to lawful permanent residency in... Read More

Guilford College v. Nielsen - Colleges Sue USCIS Over 'Unlawful Presence' Policy Memo
Posted on 24 Oct 2018 by Daniel M. Kowalski

Suzanne Monyak, Law360, Oct. 23, 2018 - "A group of higher education institutions, including Haverford College and The New School, challenged a recent Trump administration policy that could open up more international students to harsh immigration... Read More

USCIS Denying Change Of Status For F-1 Students With Over 12 Months Of Curricular Practical Training
Posted on 24 Oct 2018 by Daniel M. Kowalski

Cora-Ann Pestaina, Oct. 23, 2018 - "An F-1 student who has received more than 12 months of Curricular Practical Training (CPT) may be found by United States Citizenship & Immigration Services (USCIS), to have violated F-1 status and thus ineligible... Read More