LexisNexis® Legal Newsroom
Judge Certifies Nationwide Class in Employment Authorization Case (NWIRP v. USCIS)

AIC, July 19, 2017 - "Today, U.S. District Court Judge James Robert granted a motion to certify a nationwide class in Northwest Immigrant Rights Project v. USCIS , recognizing that USCIS must adjudicate asylum seekers’ employment authorization applications within 30 days if they are submitted...

USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions

USCIS, July 24, 2017 - " U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap”...

USCIS Naturalization Policy Update: Biometrics for All

USCIS, July 26, 2017 - "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to specify that every naturalization applicant must provide biometrics regardless of age, unless the applicant qualifies for a fingerprint waiver due to certain medical...

George Harrison's Immigration File Online

USCIS has posted George Harrison's 90-page A-file online in the Reading Room.

Angelo A. Paparelli on Entrepreneurs, Parole, Babies and Bathwater

Angelo A. Paparelli, Aug. 14, 2017 - "The pattern by now is all too familiar. With the Trump Administration fully ensconced, the rollback of President Obama’s eight-year legacy continues. This time it involves the International Entrepreneur Regulation — an imperfect and burdensome rule...

Stats, Docs from Aug. 11, 2017 USCIS Asylum Division Quarterly Stakeholder Meeting

USCIS, July 13, 2017 - Statistical Documents Affirmative Asylum Statistics April 2017 (PDF, 189 KB) Affirmative Asylum Statistics May 2017 (PDF, 189 KB) Affirmative Asylum Statistics June 2017 (PDF, 189 KB) Credible Fear and Reasonable Fear Statistics and Nationality Report (PDF, 480 KB) NACARA...

USCIS Issues New Waiver Policies and Procedures (Aug. 23, 2017 Policy Alert)

USCIS Policy Alert, Aug. 23, 2017 - "Policy Alert SUBJECT: Waiver Policies and Procedures Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the general policies and procedures applicable to the adjudication of waivers...

USCIS Policy Memo on ACWIA Fee (Aug. 9, 2017; released Aug. 28, 2017)

USCIS, Aug. 9, 2017 - "When determining the appropriate amount of the ACWIA fee, officers should count FTE employees of the petitioning employer and the petitioning employer’s affiliates and subsidiaries, as those terms are defined at 8 CFR 214.2(l)(1)(ii)(L)(1)-(2) and 8 CFR 214.2(l)(1)(ii...

Angelo A. Paparelli - USCIS Policy Reversal Creates De Facto Travel Ban

Angelo A. Paparelli, Aug. 28, 2017 - "Deciphering the workings of the bureaucratic mind is never easy. What seems settled practice is often anything but. Abrupt abandonment of longstanding policy can happen in a nanosecond — many times with nary a word of forewarning or explanation. Usually...

USCIS Resumes Premium Processing for Some H-1Bs (Sept. 18, 2017)

USCIS, Sept. 18, 2017 - "U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional...

TPS for South Sudan Extended for 18 Months - USCIS

USCIS, Sept. 18, 2017 - "Acting Secretary of Homeland Security Elaine Duke has extended Temporary Protected Status (TPS) for eligible nationals of South Sudan (and eligible individuals without nationality who last habitually resided in South Sudan) through May 2, 2019. After consulting with the...

TPS for Sudan to Terminate in November 2018

USCIS, Sept. 18, 2018 - "Acting Secretary of Homeland Security Elaine Duke has determined that conditions in Sudan no longer support its designation for Temporary Protected Status (TPS) after reviewing country conditions, and after Department of Homeland Security (DHS) officials’ consultations...

Cyrus Mehta: Dealing With the Dreaded RFE – Reflections of an Immigration Lawyer

Cyrus Mehta, Sept. 25, 2017 - " ... An article in Reuters by Yeganeh Torbati entitled “ Trump administration red tape tangles up visas for skilled foreigners, data shows ,” where I have been quoted, brilliantly shines the torch on the dreaded RFE and how it is used to distort a visa...

H-1B Remand Victory: Next Generation Technology v. Johnson

Next Generation Technology v. Johnson, Sept. 29, 2017 - "In this action, which is before this Court on consent pursuant to 28 U.S.C. 636(c), plaintiffs Next Generation Technology, Inc. (“NGT”) and Puspita Deo (“Deo”) (collectively, “Plaintiffs”) challenge, under...

USCIS Resumes Premium Processing for All H-1Bs (Oct. 3, 2017)

USCIS, Oct. 3, 2017 - "U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions."

How Do USCIS Asylum Officers Assess Credibility?

Thanks to a FOIA request by David Cleveland , Senior Volunteer Attorney at Catholic Charities DC, you can read the 2016 credibility training module for USCIS Asylum Officers. Thank you, David!

USCIS Policy Memo: Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status

USCIS, Oct. 3, 2017 - Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status "This policy memorandum (PM) supersedes and rescinds the April 23, 2004 memorandum titled“The Significance of a Prior...

DHS OIG: USCIS Needs a Better Approach To Verify H-1B Visa Participants

DHS OIG, Oct. 20, 2017 - "USCIS site visits provide minimal assurance that H-1B visa participants are compliant and not engaged in fraudulent activity. These visits assess whether petitioners and beneficiaries comply with applicable immigration laws and regulations. USCIS can approve more than 330...

The Empire Strikes Back: USCIS Rescinds Deference To Prior Approvals In Extension Requests - Cyrus D. Mehta

Cyrus D. Mehta, Oct. 30, 2017 - "The Trump administration is deriving great pleasure in causing pain to people who wish to lawfully come to the United States and remain here lawfully. It has caused H-1B carnage as more H-1B visa petitions are being denied than ever before on legally baseless grounds...

Is USCIS Building a 'Second Wall' to Block Naturalization Applicants?

National Partnership for New Americans, Oct. 27, 2017 -"On October 27, 2017, National Partnership for New Americans released our NPNA Report: Building a Second Wall, USCIS Backlogs Preventing Immigrants from Becoming Citizens detailing the sad and disgraceful state of U.S. Citizenship and Immigration...

USCIS Issues Revised TRIG Hold Guidance (Oct. 19, 2017)

USCIS, Oct. 19, 2017 - "Revised Guidance for Processing Cases Subject to Terrorism-Related Inadmissibility Grounds and Rescission of the Prior Hold Policy for Such Cases"

USCIS RAIO Directorate Training Module: Persecution

USCIS Refugee, Asylum and International Operations Officer Training Module: Definition of Persecution and Eligibility Based on Past Persecution Obtained through FOIA by David Cleveland .

AIC Sues in Business Immigration Case: Bird Technologies Group, Inc. v. USCIS

AIC, Nov. 7, 2017 - "The United States is home to an increasing number of multinational companies that sell their products and services in the global marketplace. Under our immigration laws, employment-based visas are available to certain managers or executives of these multinational companies who...

USCIS Guidance on DACA Renewal Requests Affected by Mail Service Issues

USCIS, Nov. 15, 2017 - "U.S. Citizenship and Immigration Services (USCIS) has received reports that the U.S. Postal Service (USPS) has identified USPS mail service delays that affected a number of DACA renewal requests. Because the DACA policy has been rescinded and individuals can no longer request...

Matter of V-S-G- Inc., Adopted Decision 2017-06 (AAO Nov. 11, 2017)

Here is a link to Matter of V-S-G-, Inc. , and here is a link to the USCIS Policy Memo . Nutshell: "Matter of V-S-G- Inc. clarifies that beneficiaries of valid employment-based immigrant visa petitions who are eligible to change jobs or employers (“port”) and who have properly requested...