International Students Beware: How Recent Changes to a 20+ Year Rule May Lead to Your 10 Year Ban Fr

USCIS published a policy memorandum titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants” on August 9, 2018. This new policy addresses the reproductions of violating a nonimmigrant status for nonimmigrant academic students (F), vocational students (M), and exchange visitors (J). An individual with F, M, or J status will accrue unlawful presence in the following circumstances: The day after they stop pursuing academic study or an authorized activity The day they pursue an unauthorized activity The day after a course of study or program is completed along with any grace period The day after an authorized stay expires The day after an individual is deemed removed by an immigration

DACA is Still Alive, Now What? Filing DACA Applications in the Wake of Federal Court Rulings

On August 3, 2018, the U.S. District Court for the District of Columbia issued an order reinstating that the rescinding of DACA was unlawful and unjust. This order reaffirmed the April 24, 2018 ruling that required DACA to be fully restored. The current court order is being held for 20 days to allow the government time to decide if they will chose to appeal the decision. The order will be held until August 23, 2018 allowing the government time to retrieve a stay pending appeal if necessary. The previous court order held on April 24, 2018 allowed the government to “better explain its view that DACA is unlawful” before making any permanent decisions on its future. Secretary Kirstjen Nielsen is

USCIS Returns Unselected Fiscal Year 2019 H-1B Cap-Subject Petitions

USCIS announced on July 30, 2018 that all fiscal year 2019 H-1B cap-subject petitions that were not selected by the random computer-generated selection process have been returned to applicants. All data entry regarding 2019 H-1B cap-subject petitions were fully completed on May 15th, 2018. The H-1B program allocates visas to foreign workers in occupations that require applicants to have a specialized knowledge in a field, a bachelor's degree or its equivalent. Many H-1B visas are gave to individuals that will be working in the science, engineering, and informational technology fields. The current annual cap for regular H-1B visas is at 65,000. Up to 6,800 visas are set aside for the H-1B1 pr

UPDATE: Implementation of USCIS' Controversial NTA Policy Postponed

The recent Policy Memorandum Guidance issued on June 28, 2018 focused around the referral of cases and issuances of Notices to Appear (NTAs) in cases where foreign nationals are classified as deportable. This guidance advised USCIS to create or update their policies regarding NTA’s and Referrals to ICE (RTIs) and begin practices within 30 days of the Policy Memorandum. The implementation of the Policy Memorandum is currently postponed and will not become implemented until the operational guidance is fully issued. The previous guidance regarding NTA’s seeks to steer away from the previous practices of the issuance of NTA’s and RTI’s, giving USCIS the full authority to issue NTA’s rather than

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