Immigration Blog
USCIS Announces Temporary Return of 540-day EAD Auto-Extensions
On April 4, 2024, USCIS announced a temporary rule that will give 540-day auto-extensions of work authorization to certain Employment Authorization Document (EAD) renewal applicants. Prior to the announcement of this rule, automatic extensions were for just 180 days—often not long enough to make sure that the renewal EAD card arrived before the auto-extension expired. […]
DOS Immigrant Visa Interview Backlog Reporting for March 2024. And Just When Is A Case “Documentarily Complete” and “In Line” for Interview?
As of March 2024, the U.S. Department of State (DOS) is reporting a backlog of 326,415 immigrant visa (IV) applicants, worldwide, with documentarily complete cases who are awaiting their IV interview scheduling. The DOS reported a backlog of 374,532 at the end of February 2024, and reports that 48,117 applicants were scheduled for interview appointments […]
Updated Guidance on Expedite Requests Related to Travel
With processing times for most applications at U.S. Citizenship & Immigration Services (USCIS) often stretching into years, sometimes it is necessary to request expedited processing on a case. USCIS publishes detailed guidance on their website on how to submit an expedite request and the criteria they consider in determining whether to grant the request. Recently, […]
H-2B Visa Initial Cap Met but Supplemental Visas Available
On March 7th, 2024, USCIS reached the initial cap of 33,000 H-2B visas available in the “second half” of FY2024 (AKA from April 2024 through October 2024). However, as announced last year, 19,000 visas became available for employers seeking returning H-2B workers starting March 22nd, with an additional 5,000 returning worker visas for employers with […]
Wilkinson v. Garland: Cancellation hardship gets judicial review
On March 9, 2024, the U.S. Supreme Court issued its decision in Wilkinson v. Garland, holding that the immigration judge’s hardship determinations in cancellation of removal applications can be reviewed by the courts. This decision gives hope to those denied their chance to stay in the U.S. because the immigration judge finds their family would […]
USCIS Fee Payment Changes: Transitioning to Remote Transactions
On January 26, 2024, U.S. Citizenship and Immigration Services (USCIS) announced significant changes to payment procedures for certain benefit requests at USCIS field offices. Under the new process, applicants, petitioners, requestors, and their legal representatives (hereinafter referred to collectively as “applicants”) may no longer make in-person payments. To comply with the new procedure, applicants should […]
2024 H-1B Lottery Dates
After several proposed rules, a final change in the lottery structure, and fees set to increase on April 1st, USCIS is finally all set to begin the H-1B lottery process for 2024 (the FY 2025 H-1B lottery). For those who are being entered, are entering individuals, or are considering entering individuals, here are the key […]
Refugees and Asylees Generate Billions of Dollars in Tax Revenue
The United States Department of Health and Human Services release a report in February 2024 on the fiscal impact that refugees and asylees have had in our communities over the last 15 years. The report showed that between 2005 and 2019, refugees and asylees paid a staggering $123.8 billion more in taxes more than they […]
The ICE Victim-Centered Approach Directive
On August 10, 2021, ICE issued Directive 11005.3, “Using a Victim-Centered Approach with Noncitizen Crime Victims.” For immigration attorneys, intricate knowledge of the complex web of immigration laws, regulations, and agency policies is crucial to advocating effectively for our clients. One such policy, Directive 11005.3, titled “Using a Victim-Centered Approach with Noncitizen Crime Victims,” brings […]
Most USCIS Filing Fees Increasing April 1, 2024
On January 30, 2024, USCIS announced that many of the filing fees for immigration applications will increase starting April 1, 2024. The fees of almost all forms will be increasing, including fiancé(e) petitions, family-based petitions, non-immigrant status extension requests, work permits, travel documents, employment-based petitions, green card applications, and others. One notable change will be […]
NOTABLE CASES
Appeals & Federal Litigation Cases
PURDUE UNIVERSITY v. EUGENE SCALIA
We’ve filed a case challenging the US Department of Labor over a new rule that dramatically hikes wages for H-1B, H-1B1, PERM and E-3 cases.
AKER v. TRUMP
This case challenged the Presidential Proclamation 10014 and 10052 with respect to DV winners. The judge has certified the case as a class action …
ANUNCIATO v. TRUMP
This case challenged visa processing delays and the Trump Administration’s immigrant visa ban, Presidential Proclamation 10014.
MILLIGAN v. POMPEO
This case features “pair[s] of star-crossed lovers” on whose lives, like Romeo and Juliet’s, a plague has wreaked havoc.
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