Category: News

The United States District Court, Northern District of California has granted, in part, a motion for class certification brought by U.S. employers (“Plaintiffs”) who alleged that USCIS has a “policy and practice of arbitrarily and unlawfully denying H-1B nonimmigrant worker petitions for the specialty occupation of market research analyst.”  The H-1B classification allows employers to […]

USCIS recently amended its policy manual with a table of factors for officers to consider in exercising their discretion over whether to approve an adjustment of status (AOS) application. This update highlights the role of a USCIS officer’s discretion in adjudicating AOS applications based on the totality of the circumstances (aka considering all the available […]

USCIS announced last week that it plans to implement a revised version of the civics test for naturalization applications. The agency first made this announcement in July of 2019. USCIS stated that it revised the civics test as part of an update that it performs every 10 years to ensure that it continues to comprehensively […]

Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers are required to complete Form I-9 for any individual they hire in the United States—including citizens and noncitizens. Due to the outbreak of COVID-19, the Department of Homeland Security (DHS) announced on March 20, […]

On October 28, 2020, the Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would prioritize the selection of H-1B registrations (or petitions, if the registration process is suspended) based on corresponding wage levels. DHS states that this will better protect the economic interests of U.S. workers, while still allowing U.S. employers […]

On October 21, 2020 the Department of State (DOS) issued a notice of proposed rulemaking on visas for temporary visitors for business or pleasure. The proposed change would amend the regulation governing the B-1 nonimmigrant visa classification, which provides temporary visas for visitors entering the U.S. for business activities that are necessary and incidental to their regular […]

Form I-192 allows inadmissible nonimmigrant aliens to apply for advance permission to temporarily enter the United States. Due to COVID-19 restrictions and the Canadian Border closing, Customs and Border Protection (CBP) has stopped accepting waiver applications and is not processing I-192 biometrics for e-SAFE pending applications.  Originally, the I-192 filing fee was supposed to increase from $585 […]

On October 2, 2020, the Department of Homeland Security (DHS) published a notice of proposed rulemaking outlining suggested changes to the Affidavit of Support process. Petitioning sponsors for most family-based and some employment-based immigrants are required to file Form I-864, Affidavit of Support Under Section 213A of the INA (or it’s shorter version, I-864EZ , for […]

The Department of Homeland Security (DHS) has proposed a new rule that would place new restrictions on foreign students’ ability to enter and remain in the United States. Under current regulations, those who enter the United States under a F-1 student visa are admitted for the duration of their status, with no fixed time period. Thus, […]

With the 2020 Presidential Election quickly approaching on November 3, 2020, and early and absentee voting already underway in several states, it is important to know who is eligible to vote in the election. Ensuring you are eligible to vote prior to voting is essential, because unlawfully voting in an election is a violation of […]