DHS Proposed Rule: New Changes to Public Charge Inadmissibility

The Department of Homeland Security (DHS) has released a new proposed rule which would outline the ways in which the agency determines a foreign national is inadmissible due to risk of becoming a public charge. Foreign nationals who wish to enter the U.S. or adjust their immigration status must provide evidence of financial stability, and…

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H-1B Pre-Registration: USCIS Proposed Rule

The speculation about drastic changes to the H-1B registration process has come to fruition with the new proposed rule out of the Department of Homeland Security. The amendment to the current H-1B specialty occupation visa program would require petitioners to electronically register with the United States Citizenship and Immigration Service (USCIS) prior to start of…

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USCIS Lawsuit: H-1B Visa Duration

A recent lawsuit filed in the U.S. District Court for the District of Columbia, ITServe Alliance v. USCIS, aims to limit the discretionary powers of the United States Customs and Immigration Service (USCIS) in limiting the approved duration of H-1B visas. ITServe Alliance, the largest association of information technology “IT” Services, Staffing, Consulting organizations, filed…

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International Students on CPT & OPT Denied H-1B Visas

Under new guideline interpretations, many former international students have received denials for H-1B benefits from the United States Customs and Immigration Service (USCIS). According to some reports, F-1 students who have completed work in their field for more than 12 months while earning a degree and in the one-year period following graduation, may be ineligible…

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California Representative Attempts to Save H-4 EAD Program (H-1B)

As previously reported, the work authorization (H-4 EAD) program that allows the spouses of H-1B visa beneficiaries to find work while in the United States with their family is set to end under the Trump Administration. However, two California Congresswomen are gearing up to fight for the continuation of the Obama-era H-4 EAD program. H-4…

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Proposed H-1B Lottery Changes: Winners and Losers

As news continues to circulate about the proposed pre-registration process for the H-1B visa lottery, the Trump Administration has hinted on a new prioritization strategy for H-1B beneficiaries with master’s degrees and higher. Thus, the April 2019 lottery could see a pre-registration process that skews greatly towards those with advanced degrees, especially for individuals with…

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Digital Border Search by CBP under Federal Scrutiny

Last month, a federal suit brought forth new questions surrounding individual property rights at the U.S. border. Two months ago, an American woman filed a federal suit against the Department of Homeland Security after Customs and Border Patrol (CBP) agents seized her smartphone upon return to the United States and made copies of the data…

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A Failed H-1B Visa Fraud and Abuse Hunt: USCIS Referrals Low

Following the executive order “Buy American, Hire American: Put Americans First”, USCIS began a new initiative to crack down on H-1B fraud and abuse. According to Bloomberg Law, the hunt for individuals and companies that abuse the H-1B program has proven largely unsuccessful. Increased Site Visits Prior to President Trump’s executive order, H-1B petitioners were…

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Fee for Premium Processing Rises (DHS & USCIS)

Premium processing will now cost nearly $1,500. A service that significantly shortens the wait period for immigration benefits, premium processing allows applicants an opportunity to receive a decision from the United States Customs and Immigration Service (USCIS) within 15 calendar days. Thus, premium processing permits petitioners to know whether their application is approved, denied, or…

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Premium Processing Suspended: USCIS Delays

On August 28th, the United States Customs and Immigration Service (USCIS) issued a notice of further suspension to premium processing for cap-subject H-1B petitions while expanding the premium processing suspension for additional H-1B petitions. The new suspension took effect on September 11, 2018. Impacts The suspension of premium processing continues to impact H-1B petitions filed at…

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