Immigration Law

Recent Posts

USCIS Policy Alert: Controlled Substance-Related Activity and Good Moral Character Determinations
Posted on 19 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 19, 2019 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing... Read More

USCIS Policy Alert: Marriage Involving Minor(s) - April 12, 2019
Posted on 14 Apr 2019 by Daniel M. Kowalski

USCIS Policy Alert: Marriage Involving Minor(s) - April 12, 2019 "U.S. Citizenship and Immigration Services (USCIS) is updating the Adjudicator’s Field Manual (AFM) to add Chapter 21.3(a)(2)(D)(iv), Interview Guidelines for Form I-130 Spousal... Read More

A.G. Barr Seeks to Push BIA Final Rule over Finish Line
Posted on 12 Apr 2019 by Daniel M. Kowalski

Tal Kopan, San Francisco Chronicle, Washington Bureau, Apr. 12, 2019 "Attorney General William Barr is making his first major moves on immigration policy since his confirmation, setting up big changes for the courts that decide whether immigrants... Read More

Tags: Regulation , barr , bia , eoir , USCIS

USCIS Completes the H-1B Cap Random Selection Process for FY 2020 and Reaches the Advanced Degree Exemption Cap
Posted on 11 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 11, 2019 "On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After... Read More

Tags: H-1B , USCIS

Plaintiffs Laud Court Order That Will Prohibit DHS From Unlawfully Denying Migrant Youth Humanitarian Status
Posted on 11 Apr 2019 by Daniel M. Kowalski

The Legal Aid Society and Latham & Watkins LLP, Apr. 10, 2019 "The Legal Aid Society and Latham & Watkins LLP lauded a Federal Court order in R.F.M. et al. v. Nielsen, et al. , that will ensure that class members’ applications for... Read More

New Data Show H-1B Denial Rates Reaching Highest Levels
Posted on 10 Apr 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, Apr. 10, 2019 "When U.S. Citizenship and Immigration Services (USCIS) introduced its H-1B Employer Data Hub skeptics assumed the agency hoped to generate negative attention toward companies and H-1B visa holders. However... Read More

Tags: H-1B , USCIS

Cyrus Mehta: Is USCIS Improving or Undermining the Immigration System?
Posted on 8 Apr 2019 by Daniel M. Kowalski

Cyrus Mehta, Apr. 6, 2019 "USCIS posted TOP TEN WAYS USCIS is improving the Integrity of the Immigration System . Really? Is USCIS improving the integrity of the system or undermining it? The USCIS has been mandated by Congress to grant benefits... Read More

Tags: mehta , USCIS

AAO Grants T Visa Appeal About Presence “On Account of” Trafficking
Posted on 8 Apr 2019 by Daniel M. Kowalski

Matthew Hoppock, Apr. 7, 2019 "After an informal policy shift last year led the USCIS to start denying human trafficking visas by misreading the statutory text, creating a requirement that never existed before, we’ve won our first appeal... Read More

USCIS Reopens Comment Period on Fee Waiver Eligibility Proposal
Posted on 8 Apr 2019 by Daniel M. Kowalski

CLINIC, Apr. 8, 2019 "USCIS announced it is advancing its plan to eliminate receipt of a means-tested benefit as sufficient evidence to receive a filing fee waiver via the Federal Register Notice published April 5, 2019. The notice opens a new... Read More

Immigration Agencies Communicated Prior to Arrest of Sanctuary Leader
Posted on 27 Mar 2019 by Daniel M. Kowalski

Tina Vasquez, Rewire.News, Mar. 25, 2019 "Documents obtained by Rewire.News through a Freedom of Information Act (FOIA) request show that immigration enforcement officials reached out to the federal agency tasked with naturalizations and immigration... Read More

USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes (Mar. 19, 2019)
Posted on 19 Mar 2019 by Daniel M. Kowalski

USCIS, Mar. 19, 2018 "U.S. Citizenship and Immigration Services (USCIS) today announced the start of the fiscal year (FY) 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data... Read More

Tags: H-1B , USCIS

USCIS Set to Close Overseas Offices, Jeopardizing US Military Families
Posted on 12 Mar 2019 by Daniel M. Kowalski

Miriam Jordan, New York Times, Mar. 12, 2019 "The Trump administration is preparing to shutter many of its immigration operations abroad, cutting back on a key support system for those applying overseas to relocate to the United States. The director... Read More

USCIS Resumes Premium Processing for All H-1B Petitions
Posted on 12 Mar 2019 by Daniel M. Kowalski

USCIS, Mar. 11, 2019 "USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request... Read More

Lack of Digitization at USCIS Creates 'Paper Wall'
Posted on 12 Mar 2019 by Daniel M. Kowalski

Daniel Moattar, The Nation, Mar. 5, 2019 "Government audits point to “management weaknesses” at the agency. Some attorneys, like Bayley, believe USCIS leadership is competent but “overwhelmed” by the scale of the task. ... Read More

Tags: USCIS

Angelo A. Paparelli on Immigration Litigation: "Sue the Miscreants!"
Posted on 6 Mar 2019 by Daniel M. Kowalski

Angelo A. Paparelli, Mar. 4, 2019 "Much digital ink has already been spilled reporting on the phantom tide of undocumented migrants supposedly breaching our Southern border. This article will address a different, but very-real immigration flood... Read More