U.S. District Court Judge George S. Daniels of the Southern District of New York enjoined the Trump Administration’s new Public Charge Rule scheduled to go into effect on October 15, 2019. The new Rule has been the subject of much controversy and would have made it more difficult for foreign nationals to obtain green cards
Trump Administration
Inspection of Employers Using STEM OPT F-1 Student Beginning, DHS Announces
Continuing the Administration’s high scrutiny of businesses using foreign workers, including highly skilled visas, the Department of Homeland Security has announced that it will be conducting inspections of employers employing F-1 students using STEM Optional Practical Training to work. Under the STEM regulations, ICE has the discretion to conduct on-site inspections. Reportedly, it has…
Upcoming Oral Argument in H-4 EAD Rule Rescission Case (Finally)
The challenge over the rule providing work authorization for spouses of certain H-1B workers who are in the Green Card process finally will be heard before the U.S. Court of Appeals for the D.C. Circuit on September 27, 2019.
For nearly three years, since the Trump Administration made it clear that it planned to rescind…
Re-registration Process Announced for Syrian Nationals in TPS
In August 2019, the Department of Homeland Security extended Temporary Protected Status (TPS) for Syrian beneficiaries until March 31, 2021. Now is the time for these beneficiaries to re-register and apply to extend their Employment Authorization Documents (EADs).
On September 23, 2019, Syrian re-registration instructions were published in the Federal Register. All applicants who wish…
Government Forced to Release H-1B Delaying and Denying Tactics
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…
Ready for REAL ID?
October 1, 2020, is the REAL ID deadline, and most people will not be able to board even a domestic air flight in the U.S. without either a REAL ID-compliant driver’s license or a passport.
Congress passed the REAL ID Act in 2005 based on recommendations from the 9/11 Commission. The Transportation Safety Administration…
China’s ‘Sea Turtles’
According to Chinese government data, the number of Chinese students studying in the United States rose from fewer than 1 million in 2000 to more than 6 million in 2017. The number of these students who are returning home to China has grown at close to the same rate. In 2000, hardly any returned, but,…
Goal of Establishing Merit-Based Immigration System Undermined by Visa Hurdles
The Trump Administration has indicated it wants to establish a merit-based immigration system focusing on bringing more high-skilled workers to the United States. According to one Administration official, the aim is to attract “individuals who provide a cure for cancer or build that first subdivision on Mars.” Yet, it is becoming harder to obtain visas…
Update: No TPS for Bahamian Nationals
The Trump Administration has announced that it will not request Temporary Protected Status (TPS) for Bahamian victims of Hurricane Dorian. TPS allows foreign nationals to live and work in the U.S. as conditions in their home countries do not allow them to return safely, or in situations where their home countries simply cannot manage their…
Rescue Efforts, Immigration Implications in Dorian Aftermath
Customs and Border Protection (CBP) is directly involved in Hurricane Dorian rescue efforts. So far the agency’s Air and Marine Operations (AMO) has airlifted over 80 people, including citizens of the Bahamas and citizens of the U.S., from the ravaged Abaco Island and Grand Bahama to Nassau for medical treatment and shelter. CBP is also…