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DHS Proposes Changes to the H-1B Visa Lottery Process

December 3, 2018 On November 30, 2018, the Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to register electronically with the U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under the proposed rule, USCIS would also reverse the order by which […]

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U.S. Senators Urge the President to Revoke the Presidential Proclamation Limiting Asylum Seekers

Nine U.S. senators led by Senator Richard Blumenthal (D-CT) called on the President to immediately revoke what they claim is an illegal Presidential Proclamation that would drastically limiting the ability of refugees to claim asylum. “There is overwhelming evidence that this Proclamation is plainly illegal. Our immigration statutes are clear that any individual who arrives […]

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Asylum Decisions and Denials Jump in 2018

Fiscal year 2018 broke records for the number of decisions (42,224) by immigration judges granting or denying asylum. Denials grew faster than grants, pushing denial rates up as well.   Source: TRAC Immigration

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Key Takeaways on Asylum Ban and Treatment of Asylum Seekers at the Southern Border

Current Status of the “Asylum Ban” In a ruling on Monday, November 19, 2018, Judge Jon S. Tigar of the U.S. District Court in San Francisco temporarily blocked the Trump administration from denying asylum to migrants who cross the southern border into the United States without inspection, saying the policy likely violated federal law on […]

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U.S. Senators Urge USCIS to Rescind Rule Unnecessarily Punishing International Students

Senators Patty Murray (D-WA) and Dianne Feinstein (D-CA), led a group of 18 Senate Democrats in urging USCIS Director Francis Cissna to rescind a policy that would result in international students being removed or barred from re-entry who inadvertently violate the terms of their visa.   “We are deeply concerned that recent U.S. Citizenship and […]

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USCIS Issues Policy Memo on Satisfying the L-1 One-Year Foreign Employment Requirement

USCIS released a policy memo that clarifies the requirement that the qualifying organization employ the principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing. Specifically, this Policy Memo explains that: 1) the L-1 beneficiary must be physically outside the United States during the required one […]

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Judge: Trump’s asylum ban ‘irreconcilably conflicts’ with federal law

A federal judge has blocked President Trump’s plan to bar people who crossed the U.S.-Mexico border without going through a port of entry from applying for asylum, saying that the move “irreconcilably conflicts” with federal law and the “expressed intent of Congress.”  In a 37-page ruling, U.S. District Judge Jon Tigar issued a temporary restraining […]

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USCIS Issuing Biometric Appointment Notices for Domestic N-565 and N-600 Applicants

On Nov. 1, 2018, USCIS began requesting that domestic applicants filing Form N-565, Application for Replacement Naturalization/Citizenship Document, go to an Application Support Center (ASC) appointment to submit biometric information (including photos, signature, and index fingerprint). USCIS will also ask applicants filing Form N-600, Application for Certificate of Citizenship, to begin submitting biometric information at […]

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Non-Receipt of USCIS I-797 Approval Notices from the NBC

Background In early September 2018, there were reports of not receiving original or duplicate I-797 approval notices associated with adjustment of status applications after field office interviews were completed and, in some cases, after a permanent resident card had already been produced. In many cases, approval notices were not received despite the G-28 Attorney of […]

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DHS and DOL Propose Changing Recruitment Requirements for H-2B Employers

DHS and DOL Propose Modernizing Recruitment Requirements for H-2B Employers to Protect U.S. Workers The Department of Homeland Security (DHS), in conjunction with the Department of Labor (DOL), has published a joint notice of proposed rulemaking (NPRM) that would modernize the recruitment requirements for employers seeking H-2B nonimmigrant workers to make it easier for U.S. […]

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