Immigration Law

Recent Posts

USCIS to Begin Accepting Applications under the International Entrepreneur Rule
Posted on 14 Dec 2017 by Daniel M. Kowalski

USCIS, Dec. 14, 2017 - "U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision. Although the IER was published during... Read More

Tags: ier , rule , entrepreneur , USCIS

Mixed Reaction to New Wa. Evidence Rule re Immigration Status in Civil, Criminal Trials
Posted on 15 Nov 2017 by Daniel M. Kowalski

Evan Bush, Seattle Times, Nov. 15, 2017 - "Last Wednesday, the state Supreme Court ... approved a rule that makes evidence about a person’s immigration status “generally inadmissible” in civil and criminal courts statewide unless... Read More

Lawsuit Filed Challenging Delay of International Entrepreneur Rule
Posted on 19 Sep 2017 by Daniel M. Kowalski

National Venture Capital Association, Sept. 19, 2017 - "The National Venture Capital Association (NVCA) today joined entrepreneurs and startup companies in filing a lawsuit in federal court in Washington, D.C. challenging the Department of Homeland... Read More

Greg Siskind's Comments on the Proposed AC21/I-140/EAD Rule
Posted on 29 Feb 2016 by Daniel M. Kowalski

Greg Siskind, Feb. 28, 2016 - "On December 31, 2015 issued a long awaited proposed regulation that was supposed to change the lives of tens of thousands of immigrants stuck in long visa queues by providing work cards to allow them the freedom to... Read More

Tags: comment , siskind , rule , ac21

2012 H-2B Program Rule Enjoined - Bayou II
Posted on 19 Dec 2014 by Daniel M. Kowalski

"The Plaintiffs in this case challenge a regulation issued by the United States Department of Labor (“DOL”) in connection with the H-2B visa program on grounds that DOL had no authority to issue the regulation. See Temporary Non-Agricultural... Read More

Advance Copy of DOS Interim Final Rule: Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates
Posted on 28 Mar 2012 by Daniel M. Kowalski

"This rule amends the Schedule of Fees for consular services (Schedule) for nonimmigrant visa application processing fees, border crossing card application processing fees and immigrant visa application processing fees. The rule increases from $140... Read More

Tags: dos , fees , rule

CBP Interim Final Rule: Definition of Form I–94 To Include Electronic Format
Posted on 27 Mar 2013 by Daniel M. Kowalski

"The Form I–94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form... Read More

EOIR Interim Rule: BIA Expands to 17 Members
Posted on 3 Jun 2015 by Daniel M. Kowalski

"This rule amends the Department of Justice regulations relating to the organization of the Board of Immigration Appeals (Board) by adding two Board member positions, thereby expanding the Board to 17 members. ... This rule is effective June 3, 2015... Read More

Tags: bia , 17 , rule , members , eoir

Remittance Rule Opens New Era for Immigrants
Posted on 29 Oct 2013 by Daniel M. Kowalski

"The big question looming in the political world is whether immigration reform can and will advance on the Hill, and on what terms. But behind the scenes, a big advance for immigrants in the U.S. is going into effect today, October 28, 2013. It may... Read More

WHAT THE PROPOSED PROVISIONAL WAIVER RULE MEANS FOR THOSE FACING 3- OR 10-YEAR BARS
Posted on 7 Jan 2012 by Daniel M. Kowalski

"Although this new proposed rule may be portrayed as some sort of radical innovation by immigration restrictionists, it is actually nothing of the sort. The governing regulations, specifically 8 C.F.R. § 212.2(j), have long provided that... Read More

Tags: isaacson , waiver , mehta , rule

Startup Visa Rule May Be Postponed, Amended or Withdrawn
Posted on 8 Jun 2017 by Daniel M. Kowalski

Trisha Thadani, SFGate, June 5, 2017 - "A rule that would allow some startup founders to stay in the U.S. and build their companies has been sent to the Office of Management and Budget for further review — a move that suggests the rule may... Read More