Immigration Law

Recent Posts

Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018)
Posted on 19 Oct 2018 by Daniel M. Kowalski

Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018) "Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2018), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision... Read More

What Disclaimer? ~ USCIS Ignores Labor Department Warning That the Occupational Outlook Handbook Never Be Used for Legal Purposes
Posted on 18 Oct 2018 by Daniel M. Kowalski

Angelo A. Paparelli and Gabriel Mozes, Oct. 18, 2018 - " [Blogger’s Note: Today’s post originates from a discovery – a gem hidden in plain sight – first brought to my attention by Gabe Mozes , my immigration partner at Seyfarth... Read More

Prof. Stephen W. Yale-Loehr on Potential Student Visa Rule
Posted on 18 Oct 2018 by Daniel M. Kowalski

Elizabeth Redden, IHE, Oct. 18, 2018 - "The Trump administration published notice on Wednesday that it intends to propose a new rule in fall 2019 establishing a maximum period of authorized stay for international students and other holders of certain... Read More

Forms Direct, Inc., aka American Immigration Center, Settles with FTC for $2.2M
Posted on 17 Oct 2018 by Daniel M. Kowalski

FTC, Oct. 16, 2018 - "The Federal Trade Commission filed a complaint today against defendants Forms Direct, Inc., also known as American Immigration Center , and owner Cesare Alessandrini, alleging that they falsely implied that their websites were... Read More

BIA on UAC Jurisdiction: Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018)
Posted on 17 Oct 2018 by Daniel M. Kowalski

Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018) An Immigration Judge has initial jurisdiction over an asylum application filed by a respondent who was previously determined to be an unaccompanied alien child but who turned 18 before filing the application... Read More

Special Master / Independent Monitor Appointed in Flores: Andrea Sheridan Ordin
Posted on 8 Oct 2018 by Daniel M. Kowalski

Flores v. Sessions, Oct. 5, 2018 - "The Court hereby appoints Andrea Sheridan Ordin as the Special Master/Independent Monitor (“the Monitor”)." Read More

Tags: flores , USCIS

USCIS is Suffocating the H-1B Program: F-1 Cap Gap Students in Limbo - Cora-Ann V. Pestaina
Posted on 2 Oct 2018 by Daniel M. Kowalski

Cora-Ann V. Pestaina, Oct. 1, 2018 - "It is October 1, 2018 and this morning, in what is an extremely unfortunate yet totally preventable situation, businesses across the U.S. were forced to temporarily terminate the employment of F-1 students who... Read More

USCIS Policy Alert: Special Naturalization Provisions for Children (Sept. 26, 2018)
Posted on 1 Oct 2018 by Daniel M. Kowalski

USCIS, Sept. 26, 2018 - U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to amend the USCIS Policy Manual to clarify certain special naturalization provisions for children." Read More

Recipe for Confusion: USCIS Says Only the Final Action Date in Visa Bulletin Protects a Child’s Age Under the Child Status Protection Act - Cyrus D. Mehta
Posted on 25 Sep 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 22, 2018 - "The Child Status Protection Act is one of the most complex pieces of immigration legislation. Passed in 2002, the CSPA protects the age of children who would otherwise not qualify as children if they turned 21. The... Read More

Angelo Paparelli: Where is USCIS Director Cissna?
Posted on 7 Sep 2018 by Daniel M. Kowalski

Angelo A. Paparelli, Sept. 5, 2018 - "As hard to spot as a well-camouflaged Waldo or surreptitious Carmen San Diego, Francis Cissna, Director of U.S. Citizenship and Immigration Services (USCIS), is almost nowhere to be found. The exception –... Read More

DHS/HHS Proposed Rule to Gut Flores Settlement Agreement
Posted on 7 Sep 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 - "The U.S. Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) (‘‘the Departments’’) propose to amend regulations relating... Read More

Suspension of Premium Processing: Another Attack On the H-1B Program (Cyrus Mehta)
Posted on 4 Sep 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 3, 2018 - "The Trump administration has restricted the H-1B program by making it harder for employers to obtain an approval. It has done this without changing the law through Congress or amending any rule. Routine H-1B visa... Read More

USCIS to Raise Premium Processing Fee to $1,410 - Federal Register Final Rule
Posted on 30 Aug 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 - " The Department of Homeland Security (DHS) is increasing the premium processing fee charged by U.S. Citizenship and Immigration Services (USCIS). DHS is increasing the fee by 14.92... Read More

USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions (Aug. 28, 2018)
Posted on 29 Aug 2018 by Daniel M. Kowalski

USCIS, Aug. 28, 2018 - "USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional... Read More

USCIS Clarifies STEM OPT Extension Reporting Responsibilities and Training Obligations
Posted on 20 Aug 2018 by Daniel M. Kowalski

USCIS, Aug. 17, 2018 - "USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of our website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must... Read More

Tags: opt , USCIS , STEM