Immigration Law Blog

10/3/2017 UPDATE:  U.S. Citizenship

U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B petitions.  For additional information regarding the above, please visit USCIS website.

A U.S. visa is an authorization, typically in form of a stamp inside a passport, which demonstrates that a U.S. consular official has determined that the traveler is eligible to enter the U.S. for the purposes stated in the visa. The United States issues two classes of visas, an Immigrant Visa and a Non-Immigrant Visa.

The U.S. Department of State (DOS) has issued a notice providing information on how to apply for the 2019 Diversity Immigrant Visa Program, under which 50,000 diversity visas will be available. The notice includes information on eligibility, entry period, completing the electronic entry form, selection of applicants, photo requirements, and Frequently Asked Questions (FAQ).

In the past, U.S. Citizenship and Immigration Services (USCIS) has approved advance parole renewal applications for individuals who travel abroad during the pendency of the application with a valid Advance Parole document or a valid H, K, L, or V visa. 

The U.S. Citizenship and Immigration Services (USCIS) has announced that, effective October 1, 2017, it will begin expanding in-person interviews for certain immigration benefit applications that currently do not require interview for approval.

In a departure from previous policy, the United States Citizenship and Immigration Services (USCIS) has begun denying I-131 Applications for Advance Parole if the Applicant has departed the U.S. while the application is still pending.

The American Immigration Lawyers Association (AILA) announced on August 18, 2017 that “it has received reports from members that USCIS has been denying Form I-131 advance parole applications for abandonment in instances where the applicant has traveled abroad during the pendency of the application.  The pending Form I-131 application is being denied even if the applicant has a separate valid advance parole document or a valid H, K, L, or V visa to return to the United States.

The United States boasts some of the most prestigious academic institutions in the world and for many international scholars, it’s the dream of a lifetime to come study at one of them. Unfortunately, acceptance into a school isn’t enough to allow a nonimmigrant to commence studies in the U.S., they also must obtain the appropriate visa. Generally speaking, there are two different types of visas available to students: the F-1 visa and M-1 visa. The desired course of study and the type of school determines which will be needed. An F-1 visa is required to attend university or college, high school, private elementary school, seminary, conservatory or another academic institution (including a language training program). While an M-1 visa is generally required for study at a vocational or other recognized nonacademic institution.

“Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!”

This, according to Emma Lazarus’s famous poem “The New Colossus,” is what the Statute of Liberty cries to the world. It is a reminder that America opens its doors to the most desperate of immigrants, those whose very life is threatened if they return to their home country.  In this day and age many of these immigrants are refugees seeking asylum.

U.S. Citizenship and Immigration Services (USCIS) has published a revised Application to Register Permanent Residence or Adjust Status (Form I-485). Form I-485 is the application required to be filed for adjustment of status to lawful permanent resident status while in the US. The new version of the Form I-485 should increase the efficiency of the adjudication process by reducing errors and requests for evidence.

On April 7, 2017, USCIS announced that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018.

On May 3, 2017, USCIS announced its completion of data entry for all fiscal year 2018 H-1B cap subject petitions. USCIS will now begin returning all H-1B cap subject petitions not selected. Also USCIS will be transferring some H-1B cases from the Vermont Service Center to the California Service Center to better balance the distribution of cap cases. Petitioners and Attorneys will be notified via email if their case has been transferred.
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On April 18th, President Trump signed an Executive Order titled “Buy American and Hire American”. The Executive Order aims to discourage the use of foreign labor in the U.S. It directs federal agencies to review policies related to all visa programs and to recommend changes that would serve to prevent and address fraud and abuse in these programs. Specifically, the Executive Order instructs the Secretaries of State, Labor, and Homeland Security, and the Attorney General to “suggest reforms to help ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries” It also directs the federal government to more carefully enforce federal guidelines that prioritize the use of U.
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