The Trump Administration is turning its attention to birth tourism again. President Trump was reportedly considering trying to end the practice with an executive order or by way of a constitutional challenge. But accomplishing the goal through regulation has been on the Department of State’s (DOS) agenda. DOS published a final rule on January
Executive Orders
DHS Unaffected by New USMCA Treaty, Continues Increased Scrutiny of TN, Other Visas
By Beth Boyer on
The North American Free Trade Agreement (NAFTA), signed into law in 1993, eliminated trade barriers and increased investment opportunities between the three signatory countries, the United States, Mexico, and Canada. After more than 25 years, the agreement was seen to require revisions, particularly as to labor, digital trade, and data flows. A revision to NAFTA,…
Significant Visa Fee Increases for Australian Nationals
U.S. firefighters coming to help extinguish the devastating forest fires were cheered when they arrived at the airport in Sydney, Australia. In the past, in what became a reciprocal arrangement, Australian firefighters have assisted U.S. firefighters.
A different sort of reciprocity has led to the sudden increase in visa fees for Australians coming to the…
Government Forced to Release H-1B Delaying and Denying Tactics
By Amy L. Peck & Maggie Murphy on
Since 2017, USCIS under the Trump Administration has essentially directed its adjudicators to find ways to deny H-1B petitions. The most recent statistics on Requests for Evidence (RFEs) and denials certainly support this, but evidence has been made available for analysis.
Through a FOIA request, instructional documents for USCIS adjudicators issued after President Donald Trump’s…
DHS Proposes Fee of $10 to File H-1B Petition
By Amy L. Peck on
DHS has proposed a fee of $10 per H-1B petition. The agency considers this to be an “appropriate, nominal fee” to recover some costs involved.
In January 2019, DHS published the rule establishing an H-1B electronic registration system. At that time, no fee was proposed, but the “door was left open.” In mid-August, DHS announced…
Denials, Delays for Foreign Students, Scholars
Customs and Border Protection (CBP) cancelled an incoming Harvard freshman’s visa and deported him back to Lebanon eight hours after arriving at Boston’s Logan International Airport to start his college career. CBP detained the incoming student along with several other international students who were ultimately admitted to the U.S. According to reports, CBP deemed Ismail…
Blocked from Adding Citizenship Question to Census, Administration Moves to Gather Data
By Forrest G. Read IV on
President Donald Trump announced that the Administration will not be proceeding with any further census litigation. The 2020 Decennial Census, which is already being printed, will be sent out without a citizenship question. Nevertheless, President Trump does want to obtain statistics on the number of residents in the country who are and are not U.S.…
What Processing Delays in Immigration Cases Mean
By Amy L. Peck on
Long USCIS processing delays are now the norm for all types of immigration cases. Indeed, the delays have reached crisis levels. Processing times increased by 46% over the past two fiscal years and 91% since FY 2014.
In fact, even though applications declined by 17% in FY 2018, processing times continued to rise. In…
L Visa Classification Process Restricted for Canadians Applying at Ports of Entry
The North American Free Trade Agreement (NAFTA) signed in 1992 was meant to make North America more competitive in the global economy by reducing trade barriers and increasing business development among the U.S., Canada and Mexico. It essentially created a free-trade zone, but always faced criticism. Opponents believed and have argued, among other things, that…
File H-1B Petition; Watch for Requests for Evidence
By Jessica Feinstein on
The FY 2020 H-1B cap cases have been filed and 85,000 will be selected for adjudication. “Winning the lottery” is no longer considered the biggest hurdle, however.
Back in FY 2005, about 95% of all selected cases were approved and only about 22.3% received Requests for Evidence (RFEs). Recent USCIS statistics show that by FY…