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Tag: USCIS

  • USCIS Extends Flexibility for Responses to Agency Requests due to Coronavirus Outbreak

    U.S. Citizenship and Immigration Services (USCIS) has extended the flexibilities it announced on March 30, 2020, in response to the coronavirus (COVID-19) pandemic. At the outset of the coronavirus outbreak, USCIS announced it would give certain applicants, petitioners, and requestors more time to respond to certain agency requests and notices. Specifically, USCIS granted applicants, petitioners, […]

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  • Federal Court Judge Reinstates DACA Program

    On December 4, 2020, U.S. District Court Judge Nicholas Garaufis issued an order requiring the Department of Homeland Security (DHS) to reinstate the Deferred Action for Childhood Arrivals (DACA) program. The DACA program is an Obama-era initiative that has allowed undocumented foreign nationals who came to the U.S. as children to stay in the country and work legally. Under the […]

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  • USCIS will Issue Policy Guidance Regarding Schedule A Designations

    USCIS will be issuing new policy guidance in the USCIS Policy Manual regarding Schedule A designations. The purpose of the new guidance is to describe and clarify current Schedule A requirements, and it will not represent any policy changes. When it comes to filing employment-based petitions, current regulations require many employers to obtain a labor […]

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  • 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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