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
Executive Orders
Blocked from Adding Citizenship Question to Census, Administration Moves to Gather Data
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
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
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…
USCIS Clarifies Premium Processing for This Year’s H-1B Cap Cases Limited to Change of Status
As the start of the H-1B cap season approaches, USCIS has clarified that not all of this year’s cap cases can be premium processed.
Despite its notice on March 12, USCIS has announced that only cap-subject H-1B petitions requesting a change of status may request premium processing concurrently with the H-1B filing. But the…
Crackdown on Birth Tourism Industry in U.S. Continues with First-Ever Arrests of Operators
Traveling to the U.S. to give birth to a U.S.-citizen child, or birth tourism, is not a new industry. In January 2018, DHS raided 20 “maternity hotels” in Los Angeles suspected of housing “birth tourism” operations. A neighbor who lived near one of the apartment buildings reported that “a forklift delivered an excessive quantity…
Tech Companies Expand to Canada
Canada has been having success in attracting more high-tech companies and employees from the United States. This trend began in 2008, when such companies in the U.S. could not obtain the number of H-1B visas they needed due to the limited number available. Microsoft opened a development office in Vancouver at that time.
Since then,…
2019 H-1B Cap Season: New Cap Lottery Selection Rule Favors Beneficiaries with U.S. Master’s Degrees
While employers and immigration attorneys are preparing for the H-1B Cap Season, DHS has posted its Final Rule for a More Effective and Efficient H-1B Visa Program. The new rule will be published in the Federal Register on January 31, 2019.
As expected, the new rule provides for an electronic pre-registration requirement and reverses…
Social Security Administration ‘No Match’ Letters to Employers Make Another Comeback
Social Security Administration (SSA) has begun notifying employers that the information reported on an individual employee’s W-2 form does not match the SSA’s records with “Request for Employer Information” letters, known as “No-Match” letters.
SSA started sending these controversial informational requests in 1993, but the practice has waxed and waned in part due to litigation.…