For some time now, the U.S. has been on the lookout for students who enroll in graduate programs solely for the purpose of obtaining additional CPT (Curricular Practical Training), particularly when they do not “win” the H-1B lottery. Indeed, USCIS has issued Requests for Evidence (RFEs) regarding H petitions when it suspects that a student
Trump Administration
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…
The Shutdown Ends, for Now
President Donald Trump has announced that the government shutdown is over, for now. He has agreed to sign a short-term spending bill that will re-open the government for three weeks, until February 15, 2019. The bill does not include any wall funding.
The bill is expected to be brought to the Senate floor “immediately.” The…
No Citizenship Question on 2020 Census, Judge Rules
The Department of Commerce has been enjoined by a federal judge from including the citizenship question in the upcoming Census.
The case began on March 26, 2018, when Secretary of Commerce Wilbur L. Ross, Jr., announced that he would reinstate a citizenship question in the Decennial 2020 Census. In 1960, out of a fear that…
Will Ending Government Shutdown Turn on DACA?
Is it possible that the Deferred Action for Childhood Arrivals (DACA) program might be the key to ending the government shutdown? A DACA-for-border-funding compromise that was taken off the table a year ago is again being talked about by some lawmakers. Here is an update on where DACA stands.
On September 5, 2017, then-Attorney General…
Does Presidential Tweet Portend Positive Developments in H-1B Visa Program?
President Donald Trump surprised the immigration community recently with an encouraging tweet about H-1B visa holders:
H-1B holders in the United States can rest assured that changes are soon coming which will bring both simplicity and certainty to your stay, including a potential path to citizenship. We want to encourage talented and highly skilled
…
USCIS Ends Humanitarian Parole Program for Commonwealth of the Northern Mariana Islands (CNMI)
USCIS announced that, effective immediately, it is terminating yet another humanitarian parole program. This one is for individuals living in the Commonwealth of Northern Mariana Islands (CNMI). This move will affect, among others:
- Immediate relatives of U.S. citizens;
- Certain “stateless” individuals;
- Immediate relatives of CNMI permanent residents; and
- Certain in-home foreign worker caregivers of
…
What a Government Shutdown Means for Immigration Services
Although the ongoing government shutdown is rooted in an immigration matter – the “wall” – its effect on other immigration processes is somewhat limited. Fee-funded activities are not affected, which means that USCIS offices will remain open, interviews and appointments will continue as scheduled, and most petitions and applications will continue to be accepted and…
Litigation over H-4 EAD Rule Rescission To Move Forward
The Court of Appeals for the D.C. Circuit has added Immigration Voice, a group that represents high-skilled foreign nationals, to defend the H-4 EAD Rule. Save Jobs USA v. United States Department of Homeland Security.
The H-4 EAD Rule provides work authorization for spouses of certain H-1B workers who are in the green card…