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Tag: USCIS

  • USCIS Adopts Discretionary Rules for Adjustment of Status Applications

    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 […]

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  • Department of Homeland Security Proposes Changes to the Affidavit of Support Process

    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 […]

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  • USCIS Extends Flexibility for Responding to Certain Agency Requests

    Due to the COVID-19 pandemic, on March 30, 2020, USCIS announced that it would allow flexibility in responding to certain agency requests. USCIS has recently announced that they are extending this courtesy to cases in which notices were issued between March 1, 2020, and January 1, 2021.  This flexibility applies to the following: Requests for […]

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  • USCIS Issues Implementation Guidance on DACA Policy Changes

    On July 28, 2020, Acting Secretary of Homeland Security, Chad Wolf, issued a policy memorandum (“Wolf Memorandum”) making changes to the Deferred Action for Childhood Arrivals (DACA) policy. A full breakdown of the changes to the DACA under the Wolf Memorandum can be found here. USCIS released guidance on how it will implement the Wolf Memorandum’s changes on August 24, […]

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  • USCIS Fees to Increase October 2, 2020

    On July 31, 2020, USCIS announced a final rule adjusting fees for certain immigration and naturalization benefits. The increase in fees is in response to recover costs of services for USCIS as the agency is experiencing a lack of funding.  Why does USCIS have to increase fees? USCIS is fee funded, meaning the fees collected […]

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  • Farewell to Itineraries? Determining Employer/Employee Relationship in H-1B Petition Filings

    On June 17, 2020, USCIS issued a new Policy Memorandum rescinding (revoking) two prior Policy Memoranda regarding the adjudication of certain petitions for H-1B nonimmigrant status.  This move was in response to settlement of two recent court cases (ITServe Alliance, Inc. et al v. L. Francis Cissna and Serenity Infotech et al v. Kenneth T. […]

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  • USCIS to Resume Public Services at Some Offices on June 22

    U.S. Citizen and Immigration Services (USCIS) announced its plan to resume offering public services at some of its domestic offices on June 22, 2019. USCIS has been offering only emergency in-person public services for almost three months since it temporarily suspended in-person services at its field offices, asylum offices, and application support centers on March […]

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  • USCIS Extends Flexibility for Responding to Agency Requests

    USCIS announced on May 1, 2020, that due to COVID-19, it will be extending the flexibilities previously announced on March 30 to assist applicants and petitioners who need to respond to agency requests. These requests include: Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices of Intent to Revoke; Notices of […]

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  • USCIS Unveils New Technology Approach to Enable Expansion of Online Filing

    To assist in transitioning to a digital business model, USCIS has announced a strategy known as eProcessing. This process allows for digitally filing of a benefit, communicating with USCIS online, as well as being notified of a decision on a case. Initially, this new process allows certain visitors for business and pleasure and vocational students […]

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  • The ‘Buy American and Hire American’ Executive Order Two Years Later

    On April 18, 2017, President Donald Trump signed an Executive Order titled “Buy American and Hire American.” The President insisted that the Executive Order would favor American workers more so than the policies already in place. He also intended, among other things, for the “Buy American and Hire American” Executive Order to address his concerns […]

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