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
USCIS
Ex-CEO of IT Staffing Companies Guilty of H-1B Visa Fraud
By Sarah R. Barnhill on
A federal judge has sentenced Pradyumna Kumar Samal to more than seven years in prison, fined him $10,000, and ordered him to pay restitution for the taxes he stole. United States of America v. Samal, No. 2:18-cr-00214 (W.D. Wash. Sept. 20, 2019).
Samal, the ex-CEO of two IT staffing companies, was investigated for visa…
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…
Goal of Establishing Merit-Based Immigration System Undermined by Visa Hurdles
By Nadine T. Trinh on
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
By Forrest G. Read IV on
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…
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…
Update on Status of Changes to Soon-To-Expire Form I-9
By Amy L. Peck & Michael H. Neifach on
Posted in I-9 and E-Verify, USCIS
The I-9, Employment Eligibility Verification Form, that employers have been using since July 2017 is set to expire on August 31, 2019. Until USCIS makes any additional announcements on I-9 Central, employers should plan to continue to use the current form.
In preparation for the form’s expiration, USCIS initiated a 60-day comment period on…
New Public Charge Rule Seen as Latest Effort to Tighten Legal Immigration
By Forrest G. Read IV on
Having focused on enforcement and illegal immigration, the Trump Administration has recently turned to legal immigration. The new Public Charge rule which will go into effect on October 15, 2019, absent court action, will make it harder for some foreign nationals to obtain green cards or even to secure or extend temporary non-immigrant status. What…
Congress Questions DHS on Immigration Processing Delays
By William J. Manning on
Posted in Immigration and Customs Enforcement (ICE), USCIS
The House Judiciary Committee Subcommittee on Immigration and Citizenship asked the Department of Homeland Security to account for the delays in immigration processing at a hearing on July 16, 2019.
Representative Zoe Lofgren (D-Cal.), who chaired the hearing, wanted an explanation for the 2.4 million application/petition backlog, as well as processing delays that have…
USCIS Revising, Updating Naturalization Test
By Peter A. Reca on
USCIS is on its way to revising and updating the Naturalization Test. It will start with a pilot test involving about 1,400 volunteers this fall, then a second field testing pilot in spring 2020.
Last updated in 2008, the new Naturalization Test is expected to be implemented as soon as late-2020.
Recent issues surrounding the…