Immigration Blog
USCIS Resumes Premium Processing for Certain Petitions
U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month. Effective June 1, 2020, USCIS will accept Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions. Effective June 8, USCIS will accept premium processing requests for: H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt (for example, petitions […]
U.S. Government Exempts Certain Professional Athletes and Their Staff, Leadership, Spouses, and Dependents from COVID-19 Travel Restrictions
In response to the worldwide spread of COVID-19, the Trump administration has imposed, with certain limited exemptions, several restrictions on the entry of foreign travelers from China, Iran, many European countries, and, as of this week, Brazil. Included in the exempted categories are “individuals whose entry would be in the national interest,” as determined by […]
USCIS Preparing to Resume Public Services on June 4
U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person services at its field offices, asylum offices and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is following the Centers […]
U.S. Government Expands Travel Restrictions on Foreigners Seeking to Visit the U.S.
Citing concerns over the spread of COVID-19, Trump issued his Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Novel Coronavirus and added Brazil to the list of countries with imposed travel restrictions. As of Tuesday, May 26, 2020, foreigners who have been in Brazil […]
Detainees Test Positive for COVID-19 at Aurora ICE GEO Detention Center
Two ICE detainees have confirmed COVID-19 diagnoses as of May 20, 2020. One of the detainees has been taken to a local hospital. No further information about his condition has been made public. He arrived at the GEO facility from Sterling State Prison, the site of one of the largest COVID-19 outbreaks in Colorado. The […]
USCIS Running out of Money
The United States Citizenship and Immigration Service (USCIS), the agency that processes applications for legal permanent residence (green cards), citizenship, and many other applications for immigration benefits says that without a $1.2 billion bailout from Congress, the agency will cease operations this summer. This is not yet another economic consequence of COVID-19, rather, it is […]
A Decade of H-1B Precedent Overturned – the Power of Federal Litigation
In recent years, employers hiring temporary, high-skilled workers in the H-1B category have seen massive obstacles thrown increasingly in their path. Denial rates have quadrupled in recent years, from 6% in FY 2015 to 24% in FY 2018. New legal requirements also were implemented, and impediments to approval meant that, as some experts stated, no […]
AILA Update: DHS Extends Flexibility in Requirements Related to Form I-9 Compliance
DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 30 days, including discretion to defer the physical presence requirements associated with Form I-9, and an additional 30-day extension for NOIs served in 3/20. AILA Doc. No. 20032033
DHS Temporary Final Rule on H-2B food supply chain workers
DHS released a pre-publication copy of a Temporary Final Rule that would provide additional flexibility for H-2B employers that are part of the food supply chain and H-2B workers who are already in the country. The rule, which becomes effective on May 14 and remains in effect until September 11, 2020, is similar to an April […]
USCIS Policy Memorandum: Temporary Policy Changes for Certain Foreign Medical Graduates During the Covid-19 National Emergency
Per this policy memo found HERE: In order to address situations in which an H-1B FMG is temporarily unable to work full-time due to quarantine, illness, travel restrictions, or other consequences of the pandemic during the declared Public Health Emergency period, USCIS officers will not consider such a failure to work full-time to be a […]
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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