The U.S. Citizenship and Immigration Services (“USCIS”) has announced that it is implementing a new registration process in the next Fiscal Year 2021 H-1B lottery. Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay a $10 H-1B…
Continue reading ›The U.S. Citizenship and Immigration Services recently expanded its policy guidance last month regarding unlawful acts that may prevent an applicant from meeting the good moral character (“GMC”) requirement for naturalization. The commission of, or conviction or imprisonment for, an unlawful act, during the statutory period for naturalization, may render an applicant ineligible for naturalization…
Continue reading ›Ever since I began practicing immigration law in 2000, I have used the same methodology in preparing my countless clients for their green card / adjustment of status interviews. First impressions are truly important during any interview with the USCIS. A key to making that important first impression is thoughtful organization of your supporting documents.…
Continue reading ›Today, the U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations…
Continue reading ›The USCIS has issued a policy alert stating that although many states have decriminalized the sale, possession, and use of marijuana, such acts are nevertheless in violation of federal law. Under federal law, marijuana is classified as a “Schedule I” controlled substance whose manufacture, cultivation, possession, or distribution may lead to criminal and immigration consequences.…
Continue reading ›The U.S. Citizenship and Immigration Services (USCIS) today announced the start of the fiscal year (FY) 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data hub, while reminding petitioners of its new H-1B cap selection process. These new efforts underscore the agency’s commitment…
Continue reading ›The USCIS will resume premium processing on Tuesday, March 12, 2019, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request. When an H-1B petitioner properly requests the agency’s premium processing service, USCIS guarantees a 15-day processing time.…
Continue reading ›The USCIS will resume premium processing on Monday, Jan. 28, 2019, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium…
Continue reading ›The Department of Homeland Security (DHS) announced today a notice of proposed rulemaking that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under the proposed rule, USCIS would also reverse the order by which USCIS selects H-1B petitions…
Continue reading ›The Ninth U.S. Circuit Court of Appeals yesterday upheld a preliminary injunction keeping in place the Deferred Action for Childhood Arrivals program pending judgment in a challenge to the U.S. Department of Homeland Security’s decision to cancel it. Judge Kim M. Wardlaw wrote the 90-page majority opinion, joined in by Judge Jacqueline H. Nguyen. Judge…
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