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News

DHS and DOL Temporary Final Rule Increasing the H-2B Cap for FY2019

Joint DHS and DOL temporary final rule increasing the H-2B cap for FY2019 by an additional 30,000 visas.  The Departments have determined that employers who attest that they are likely to suffer irreparable harm may request these supplemental visas only for workers who were issued an H–2B visa or otherwise granted H–2B status in FY […]

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DOS Final Rule on Requests for Waivers of Inadmissibility

SUMMARY: Under the Immigration and Nationality Act (INA), a visa applicant found inadmissible is ineligible for a visa and for admission to the United States. The INA provides the Secretary of State and consular officers the authority to recommend that the U.S. Department of Homeland Security (DHS) approve a waiver, of most grounds of inadmissibility, […]

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AILA: Presidential Memo Seeks to Deny Asylum Seekers Fundamental Human Rights

WASHINGTON, DC – On April 29, 2019, the White House released a Presidential Memorandum titled “Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System.” While the memo itself does not change asylum policy, it directs the Secretary of Homeland Security and the Attorney General to issue several regulations that would dramatically alter […]

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USCIS Announces Israeli Nationals Eligible for Treaty Investor Visas

Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1, eligible Israeli nationals already in the United States in a lawful nonimmigrant status can file Form I-129, Petition for a Nonimmigrant Worker, to request a […]

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USCIS Provides Summary of BAHA Efforts on Second Anniversary

  WASHINGTON— Since President Trump signed the Buy American and Hire American executive order in April 2017, U.S. Citizenship and Immigration Services (USCIS) has implemented it through rules, policy memoranda, and operational changes that protect the economic interests of U.S. workers and prevent fraud and abuse in employment-based visa programs. Later today, USCIS will host […]

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USCIS Issues Policy Alert on Controlled Substance-Related Activity and Good Moral Character Determinations

USCIS issued policy guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character for naturalization even where that conduct would not be an offense under state law. Background Since 1996, a number of states and the District of […]

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USCIS Will Begin Premium Processing for Certain FY2020 Cap-Subject H-1B Petitions on May 20, 2019

Premium processing for FY2020 cap-subject H-1B petitioners requesting a change of status on Form I-129 will begin on 5/20/19. For all other FY2020 H-1B cap-subject petitions, it will begin in June 2019 or later. From 5/20/19 until 6/3/19, final notices will not be sent using prepaid mailers.   Source:  AILA Doc. No. 19032937.

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Visa Bulletin for May 2019

  DOS posted the >>> Visa Bulletin for May 2019 <<<. In addition to the final action dates and dates for filing applications, the bulletin also includes a note regarding China-mainland born and India EB-1 preference visa availability. Note, USCIS determined that for May 2019, the Dates for Filing chart must be used for family-based preference […]

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H-1B Cap Reached Within Days

WASHINGTON, DC – U.S. Citizenship and Immigration Services (USCIS) announced that it has once again received more than enough H-1B petitions within the first five business days of the fiscal year (FY) 2020 filing period to reach the annual cap of 85,000 new H-1B visas. 201,011 petitions were received, an increase from last year’s total of […]

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DHS Notice Increasing Greece’s ESTA Validity Period to Two Years

SUMMARY: In 2016, DHS reduced Greece’s Electronic System for Travel Authorization (ESTA) travel authorization validity period for travel by nationals of Greece under the Visa Waiver Program (VWP) from two years to one year. The reduction was based on a 2015 VWP assessment of Greece, which had identified a number of shortcomings in satisfying VWP […]

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