Articles Posted in Immigration Law

At the beginning of last year 2021, the Trump administration published a “final” regulation to end the H-1B visa lottery. By getting rid of the lottery system, they wanted to replace it with a system that awards H-1B petitions by the highest salary. H-1B petitions are essential as they are the only practical way for…

Consular officers may waive, for certain replacement immigrant visa applicants, their personal appearance and interview requirements under a new Temporary Final Rule. This is effective immediately and expires on December 13, 2023. This Temporary Final Rule (TFR) provides consular officers the flexibility to waive the personal appearance of certain immigrant visa applicants who were approved…

The Department of Homeland Security (DHS) announced that for Afghan nationals who were paroled into the United States for humanitarian reasons on or after July 30,2021, will streamline application processing and be exempt from filing fees. Streamlining the processes for work authorization, green cards, and associated services will better help in their resettlement in the…

H-1B visas are dual intent visas, meaning an H-1B holder, who entered as a nonimmigrant, can have legal immigration intent to permanently reside in the U.S. The H-1B visa category is for highly educated foreign professionals to work in “specialty occupations” that require a minimum of a bachelor’s degree or its equivalent. Due to the…

On October 19, 2021, the U.S. District Court, Northern District of California, San Jose Division, granted final approval of the settlement agreement in the case MadKudu Inc., et al v. U.S. Citizenship and Immigration Services, et al., No. 20-CV-2653 (N.D. Cal.). This agreement introduces new guidance for adjudicating pending or future H-1b petitions for market…

In June, the State Department announced they would update its procedures to allow applicants to self-select their sex marker for passports and medical certification is no longer required if it doesn’t match the sex listed on other official identity documents. State spokesperson, Ned Price, stated “…the Department is moving towards adding an X gender marker…

According to The National Foundation for American Policy, the denial rates for new H-1B petitions for the first two quarters of 2021 is 7.1% whereas the first two quarters of 2020 was 28.6%. This is a total of 21.5% increase in acceptance rates. However, this does not mean getting visa approval is any easier because…

Falsely and willfully claiming to be a U.S. citizen is a serious felony and may result in permanent and serious immigration consequences in addition to imprisonment and fines. Violators are subject to be placed in removal proceedings to be deported or be allowed to withdraw their application for admission under certain circumstances. Inadmissibility due to…

In response to the coronavirus pandemic, USCIS is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain: Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind; Notices of Intent to…

Effective Oct. 1, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record. USCIS is updating their policy guidance in accordance with…