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Talking Points and Background Information on USCIS RFEs and NOIDs Guidance

What is It? On July 13, 2018, USCIS issued new guidance regarding adjudicator discretion to deny a request for an immigration benefit without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). The new policy makes it easier for USCIS to deny an application or petition without first issuing an RFE […]

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“Buy American, Hire American” – Hurting U.S. Companies?

On April 18, 2017, President Trump issued the “Buy American and Hire American” (BAHA) Executive Order[1], ushering in a new immigration regime in the Department of Homeland Security (DHS).[2] While the laws have not changed, the presidential directive has radically transformed DHS’s approach to adjudicating immigration cases, some would argue, to the detriment of some […]

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New Complaint Accuses ICE of Threatening Undocumented Parents Into Signing Deportation Papers or Never Seeing Their Kids Again

A complaint filed with the Department of Homeland Security accuses ICE of engaging in the “pervasive, illegal practice” of coercing the undocumented immigrant parents separated from their children at the border into signing documents, including deportation documents, they may not have understood. The complaint comes via the American Immigration Council and the American Immigration Lawyers Association, filed […]

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Who Qualifies for the STEM OPT Extension?

Who is Eligible for the STEM OPT Extension? Certain F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees may apply for a 24-month extension of their post-completion optional practical training (OPT). To qualify for the 24-month extension, you must: Have been granted OPT and currently be in a valid period of OPT; Have […]

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EB-5 Visa Waiting Lines

On April 23, 2018, Mr. Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, spoke at an EB-5 industry conference regarding visa waiting lines for EB-5 investors.iiHe indicated that EB-5 visa applicants chargeable to mainland China and Vietnam now face visa backlogs for the foreseeable future, and that EB-5 […]

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