Immigration Law

Recent Posts

New USCIS memo denies access to non-adversarial affirmative asylum procedures for many vulnerable children - CLINIC Legal
Posted on 13 Jun 2019 by Daniel M. Kowalski

CLINIC Legal, June 13, 2019 "Consistent with the Trump administration’s ongoing efforts to roll back protections that Congress established for vulnerable children through the William Wilberforce Trafficking Victims Protection Reauthorization... Read More

Tags: Children , USCIS , asylum

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

Cuccinelli Named Acting Director of USCIS
Posted on 10 Jun 2019 by Daniel M. Kowalski

USCIS, June 10, 2019 "Department of Homeland Security Acting Secretary Kevin McAleenan today announced that Kenneth T. (Ken) Cuccinelli will serve as the new acting director of U.S. Citizenship and Immigration Services (USCIS), effective June 10... Read More

Tags: Cuccinelli , USCIS

Cap Reached for Additional H-2B Visas for FY 2019
Posted on 10 Jun 2019 by Daniel M. Kowalski

USCIS, June 7, 2019 "USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit (also called a cap) for fiscal year (FY) 2019. As previously announced ... Read More

Tags: USCIS , H-2B

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

USCIS Asylum Memo: Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children (May 31, 2019)
Posted on 5 Jun 2019 by Daniel M. Kowalski

USCIS Asylum Division, May 31, 2019 "This memorandum provides updated procedures to U.S. Citizenship and Immigration Services (USCIS) asylum offices on asylum applications filed by unaccompanied alien children ("UACs", or "UAC"... Read More

Tags: USCIS , asylum

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

Court Slaps USCIS in MAVNI Natz Lawsuit: Nio v. DHS
Posted on 23 May 2019 by Daniel M. Kowalski

Nio v. DHS, May 22, 2019 "The question before the Court is whether the U.S. Department of Homeland Security (“DHS”) and its sub-agency U.S. Citizenship and Immigration Services (“USCIS”) acted lawfully when they instituted... Read More

Tags: nio , mavni , bia , APA , Naturalization , USCIS

USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap Subject Petitions
Posted on 17 May 2019 by Daniel M. Kowalski

USCIS, May 17, 2017 "USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in our computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous... Read More

DHS, DOL Post H-2B Rule (May 8, 2019)
Posted on 6 May 2019 by Daniel M. Kowalski

Here is an Advance Copy of the rule to be published on Wednesday, May 8, 2019. Read More

Federal Court Enjoins Aug. 2018 USCIS 'Unlawful Presence' Policy Memo: Guilford College v. USCIS
Posted on 3 May 2019 by Daniel M. Kowalski

Guilford College v. USCIS, May 3, 2019 "Plaintiffs’ lawsuit relates to the U.S. Citizenship and Immigration Services’ (“USCIS”) issuance and application of the August 9, 2018 Policy Memorandum, PM-602-1060.1 , titled “Accrual... Read More

USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants
Posted on 29 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 29, 2019 "USCIS and U.S. Customs and Border Protection (CBP) are extending the joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30,... Read More

Israeli Nationals Eligible for E-2 Treaty Investor Visas, May 1, 2019
Posted on 23 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 22, 2019 "Israeli Nationals Eligible for Treaty Investor Visas Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification... Read More