If foreign national employees have recently experienced trouble scheduling INFOPASS appointments, it may be because USCIS is preparing for an expected rollout of a new pilot program over the next couple of months. Instead of standard self-service online scheduling of appointments, the National Customer Service Center (NCSC) first will be coordinating scheduling for five selected
USCIS Revises Its Mission Statement
The new USCIS mission statement, issued on February 22, 2018, by Director L. Francis Cissna, no longer emphasizes customer satisfaction, i.e., the satisfaction of petitioners and beneficiaries. Instead, it focuses on serving the American people and making sure that benefits are not provided to those who do not qualify or those who “would do…
USCIS Memorandum on Qualifying ‘Economist’ under NAFTA TN Classification Raises Questions
NAFTA’s TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level. One TN-qualifying profession is that of an “economist,” which requires a baccalaureate or licenciatura degree. NAFTA does not provide a specific description of what an economist does, what professions…
USCIS Issues Guidance on DACA Program While Supreme Court Looks at Legality of Program Rescission
Post-shutdown, while Congress debates immigration and the future of the “Dreamers,” the litigation over the legality of President Donald Trump’s rescission of DACA is speeding up. The U.S. Supreme Court accepted the request for an expedited review of the Administration’s petition for certiorari and has set February 2, 2018, as the date when briefs must…
Government Shutdown Is Over, For Now
Congress reached agreement and voted to end the government shutdown at least until February 8, 2018.
In case another impasse occurs, this is how a federal government shutdown would affect immigration.
Department of Labor (DOL)
The Office of Foreign Labor Certification (OFLC) will stop processing all applications, and its personnel will not be available to…
Status of International Entrepreneur Rule on Tenuous Ground, But USCIS To Begin Accepting Applications
The DHS is giving with one hand and taking with the other. In response to the December 1, 2017 federal court ruling in National Venture Capital v. Duke, the DHS is complying and implementing the International Entrepreneur Rule parole program (IER). At the same time, the DHS is in the final stages of publishing…
Do Not Respond to Emails Requesting I-9 Information
The USCIS has issued the following notice regarding scam emails requesting I-9 information:
USCIS has learned that employers have received scam emails requesting Form I-9 information that appear to come from USCIS. Employers are not required to submit Forms I-9 to USCIS. Employers must have a Form I-9, Employment Eligibility Verification, for every person on…
Mandatory E-Verify under Consideration in Congress
Every employer in the United States would be required to use E-Verify to determine whether employees are authorized to work if “The Legal Workforce Act of 2017” (LWA) is passed.
Supported by President Donald Trump and introduced by Representatives Lamar Smith (R-Tex.) and Ken Calvert (R-Cal.) to “turn off the jobs and benefits magnet” that…
USCIS Formalizes Policy on Lack of Deference to Previously Approved Petitions
All I-129 petitions, whether initial requests or requests for extension of visa status, will be subject to the same level of scrutiny, USCIS has confirmed. The agency will no longer defer to the findings of a previously approved petition even when the key elements of the petition have remained unchanged. This will affect most nonimmigrant …
Insights: AOS Interviews Begin
The USCIS has started conducting in-person interviews for all employment-based adjustment of status (AOS) applicants whose applications were filed on or after March 6, 2017. The AOS will not be approved until after a “successful” interview.
Although there is no formal guidance as yet, there have been some reports on what to expect.
The Process…