Headlines: 1. Fifth Circuit Upholds Injunction Against Obama Administration’s DACA/DAPA Programs -The court found, among other things, that the states have shown that the threatened injury if the injunction were denied outweighed any harm that would result if the injunction were granted. 2. State Dept. Projects Employment-Based Visa Number Availability in Coming Months -The Department […]
Headlines: 1. DHS Proposes Rule on Expanding F-1 STEM OPT -Among other things, the proposal would allow F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months. 2. Labor Dept. Publishes Final Rule on Temporary Employment of H-2A Workers in Herding […]
Headlines: 1. Update on ‘Visagate’ Filing Date Fiasco: Temporary Restraining Order Denied -On October 7, 2015, a judge rejected a petition for a temporary restraining order (TRO) in a class action challenging a new change to the October Visa Bulletin. 2. Congress Extends Four Immigration Programs Until December 11 -Congress has extended the EB-5, E-Verify, […]
Headlines: 1. State Dept. Moves Many Filing Dates Back From Previously Released October Visa Bulletin; Lawsuit Filed -On September 24, 2015, the Department of State issued an update that supersedes the previously released October Visa Bulletin. By moving many filing dates back, the update radically changed the recently announced benefit offered by a revised procedure […]
Headlines: 1. USCIS, State Dept. Revise Procedures for Determining Visa Availability for Adjustment of Status Applicants -Applicants will be able to file adjustment applications before their priority dates become current, based on a new second chart in the Visa Bulletin listing when applications can be filed. 2. CBP Redesigns ESTA Website for Visa Waiver Program […]
Headlines: 1. New L-1B Memo Addresses Some Issues, But Concerns Remain -Some practitioners expressed concerns that the memo still gives adjudicators broad discretion to issue RFEs and denials. 2. USCIS Discontinues Legacy E-Filing System -After the legacy system is decommissioned and before the new system is fully operational, applicants must use paper forms for several […]
Headlines: 1. District Court Strikes Down DHS Rule Extending STEM OPT, But Stays Action Until 2016 -The court struck down a 2008 interim rule extending the duration of STEM OPT by 17 months but stayed that action until February 12, 2016, to avoid disruption and allow DHS to submit the rule for notice and comment. […]
Headlines: 1. USCIS Issues Final Guidance on When To File Amended or New H-1B Petitions After Matter of Simeio Solutions -In general, H-1B petitioners must file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition. 2. Obama Administration Moves Forward […]
Headlines: 1. USCIS Ombudsman Annual Report Notes Continuing RFE Issues -The Ombudsman continues to be concerned with the quality and consistency of adjudications and the issuance of unduly burdensome requests for evidence, among other things. 2. China Visa Availability Retrogresses in Some Categories in August, Other Categories Advance -An “extremely large increase” in applicant demand […]
Headlines: 1. U.S. Supreme Court Decides Two Immigration Cases -The U.S. Supreme Court has decided two immigration cases with potentially far-reaching implications, Kerry v. Din and Mata v. Lynch. 2. Visa, Passport Computer Problems Mostly Resolved -Among other things, the problems caused delays at the U.S.-Mexico border with seasonal workers being unable to enter the […]