July 02, 2020

What You Need to Know about the New USCIS Policy H-1B Memo

On June 17, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum adjusting some petition requirements for H-1B nonimmigrants. It was prompted to change some of its requirements for H-1B nonimmigrant petitions after the IT Serve Alliance lawsuit took place.  In the new policy memorandum, USCIS rescinds two of its former policy memos […]

June 26, 2020

Children of Permanent Residents and U.S. Citizens Exempt from New Immigration Ban

June 24, 2020 – Last month, litigators from the American Immigration Lawyers Association (AILA), Justice Action Center (JAC), and Innovation Law Lab, with pro bono support from Mayer Brown LLP, filed a lawsuit on behalf of U.S. citizens and lawful permanent residents petitioning for their children and derivative child relatives to join them in the United States. […]

June 24, 2020

An update on citizenship application delays due to COVID-19

On June 17, the New York Times reported that approximately 650,000 citizenship applications were pending in the first quarter of the 2020 fiscal year. When the USCIS shut down in person services at its offices on March 18, naturalization ceremonies were delayed and other citizenship delays took place as well. Now that some USCIS offices […]

June 24, 2020

COVID-19 Pandemic and the Public Charge Rule for Intending Immigrants

The public charge rule is in place so that “an alien who is likely at any time to become a public charge” will be “generally inadmissible to the United States and ineligible to become a lawful permanent resident.” There are certain public benefits such as public housing or federally funded Medicaid that if received by […]

June 23, 2020

Trump’s Proclamation Suspends H-1B, H-2B, J-1, and L-1 Visas for Applicants Outside the U.S.

The most recent executive order which attempts to reduce immigration to the U.S. was issued late this afternoon, June 22, 2020.  With some exemptions, it suspends the “entry into the United States of any alien seeking entry pursuant to” an H-1B, H-2B, and L-1 visa.  J-1 visas for interns, trainees, teachers, camp counselors , au pairs, or summer […]

June 18, 2020

Supreme Court rules in favor of DACA

On Thursday, June 18 the Supreme Court ruled in DHS v. Regents of the University of California against ending DACA (the Deferred Action for Childhood Arrivals program). About 700,000 people have status under DACA, a program that was brought about in 2012 under the former Obama administration. The program allows some undocumented immigrants, namely those […]

June 17, 2020

The effects of President Trump’s April 2020 Proclamation on minors hoping to immigrate

When President Trump issued his “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”  on April 22, 2020, the proclamation made no exception for the visa applications of minors under the age of 21 whose family members reside as lawful permanent residents in […]

June 17, 2020

Social media’s role in the immigration process

Recently, there has been an increasing emphasis put on applicants’ social media usage by the Department of State. Questions regarding applicants’ social media accounts now are included on Forms DS-160 and DS-260. Due to the fact that the emphasis on social media within the immigration application process is relatively new, there are not set rules […]

June 17, 2020

Non citizens’ rights to and possible risks of protesting

Non citizens are guaranteed the right to free speech and the subsequent right to protest due to the First Amendment. However, the potential risks to protesting are higher for non citizens than citizens because of the impact an arrest could have on a non citizen’s immigration status.  In 2017, President Trump issued an Executive Order […]

June 17, 2020

Proposed Case Backlog and Accountability Act

The United States Citizenship and Immigration Services (USCIS) has experienced a 91% increase in its average processing time of immigration cases from FY 2014 to 2018, which has led to increases in its case backlog. In response to the substantial increase in case backlog, a bipartisan bill named the Case Backlog and Accountability Act of […]