Insight, News, and Strategy on Immigration Matters Around the World
The U.S. Supreme Court agreed to hear a case from the Third Circuit that will resolve the circuit split on whether a grant of temporary protected status (TPS) authorizes eligible noncitizens to obtain lawful-permanent-resident status. Sanchez v. Mayorkas, No. 20-315. Arguments for the case are set for April 19, 2021.
A circuit court split…
Secretary of the Department of Homeland Security (DHS) Alejandro Mayorkas has announced that the public charge rule, put in place by the Trump administration in 2019, is no longer in effect. Instead, DHS will return to its previous policy, which had been in effect for 20 years, since 1999.
In his announcement, Secretary…
A noncitizen applying for relief from deportation bears the burden of proving all elements of eligibility for relief, including that a conviction under a divisible state statute does not render the person ineligible for relief, the U.S. Supreme Court has ruled in a 5-3 opinion (Justice Amy Coney Barrett did not participate). Pereida v. Wilkinson,…
With the H-1B cap season about to begin, there is good news for computer programmers and those who employ them. USCIS announced the immediate rescission of a 2017 guidance memo that had raised questions about whether computer programmers qualified for H-1B specialty occupation visas. The 2017 guidance, issued in the wake of the Buy American,…
On January 25, 2021, the Biden administration withdrew from review the Trump administration’s proposed rule that would have rescinded the H-4 EAD program.
For close to five years, spouses of H-1B workers holding H-4 EADs have been living with uncertainty that their work authorization would be eliminated at any time. In addition to the…
On his first day in office, President Joseph R. Biden signed a memorandum for the Attorney General and the Secretary of Homeland Security ordering them to preserve and fortify the Deferred Action for Childhood Arrivals policy (DACA). DACA was instituted by President Obama, terminated by President Trump, and restored by the judiciary. With this proclamation,…
President Joseph Biden signed the Proclamation on Ending Discriminatory Bans on Entry to The United States (“Proclamation Ending Discriminatory Bans”) during his first hours in office, terminating the controversial Muslim Ban and its sequel, the Africa Ban.
The Muslim Ban was based on an Executive Order (EO) that former President Donald Trump signed almost…
Apparently undeterred by prior litigation striking it down, the Department of Labor (DOL) has published another rule in the Federal Register raising minimum wages for high-skilled workers. The “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” Rule (Wage Protection Rule) will go into effect on March 15,…
On December 31, 2020, just as it was about to expire, President Donald Trump extended the ban on immigrant and nonimmigrant visas until March 31, 2021. Initiated in April and June 2020, the bans were intended to block immigrants and nonimmigrants (with H, L and J visas) from coming to the United States due…
The USCIS filing fee increases that were proposed last summer will not be implemented.
In August 2020, the Department of Homeland Security (DHS) published a new filing fee rule in the Federal Register that raised USCIS filing fees by a weighted average of 20%. Some popular business-related petitions were slated for larger increases, from…
