On August 8, 2018, DHS issued a new policy that announced that foreign students would begin accumulating “unlawful presence” if any violation of status had occurred, whether known to the student or not. On May 3, 2019, in Guilford College et al. v. DHS, Judge Loretta C. Biggs in the U.S. District Court for
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…
Link to Marijuana Industry as Basis for Denial of Naturalization Application?
By John Quinn on
DHS is apparently citing federal cannabis laws as grounds for denying citizenship. Further, USCIS announced on April 19 that the USCIS Policy Manual now clarifies that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character for naturalization even where that conduct would not be an offense…
USCIS: Rise in H-1B Petitions for Master’s Degree Holders Selected in FY 2020 Lottery
By Amy L. Peck on
USCIS has announced on Twitter that there was an 11% increase from FY 2019 in H-1B advanced degree petitions selected in the FY 2020 lottery.
This year, USCIS reversed the lottery selection process. Master’s cap petitions were first entered into the regular lottery and then those left over were entered into a master’s-cap-only lottery. USCIS…
USCIS Received More than 200K Cap-Subject H-1B Petitions for FY 2020
By Amy L. Peck on
USCIS announced that as of April 10, 2019, it received 201,011 H-1B petitions for the FY 2020 cap season — more than enough to meet both the regular (65,000) and the advanced degree exemption (20,000) caps.
At the same time, the denial rate for H-1B petitions reportedly hit 32 percent in the first quarter of…
USCIS to Begin Premium Processing for H-1B Petitions on May 20
By Forrest G. Read IV on
On May 20, 2019, USCIS will begin premium processing for cap-subject H-1B cases that were filed concurrently with Form I-907 premium processing requests. Under the Premium Processing Service, USCIS guarantees 15-calendar-day processing. That means the first premium processing adjudications should start coming out by the end of May or beginning of June.
This is…
File H-1B Petition; Watch for Requests for Evidence
By Jessica Feinstein on
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
By Amy L. Peck on
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…
USCIS Resumes H-1B Premium Processing
By Forrest G. Read IV on
Without warning, USCIS announced that as of March 12, 2019, it is resuming premium processing for all H-1B petitions. This means that for an additional fee of $1,410, USCIS will guarantee a 15-calendar day processing time. By the close of the 15th day, USCIS will issue an approval, a denial, or a…
EB-5 and Its European Counterpart Subject to Expected Changes, Oversight
By Minnie Fu on
In June 2018, Congress held a hearing on “Citizenship for Sale: Oversight of the EB-5 Investor Visa Program.” The current EB-5 program allows wealthy individuals to apply for and obtain green cards by investing anywhere from $500,000 to $1,000,000 in U.S. enterprises. Like any other green card holders, after five years, the beneficiaries can apply…