Articles Posted in Immigration Law

On March 24, 2022, the Department of Homeland Security (DHS) and Department of Justice (DOJ) are issuing a rule to improve and expedite processing of asylum claims made by noncitizens subject to expedited removal, ensuring that those who are eligible for asylum are granted relief quickly, and those who are not are promptly removed. The…

In accordance to 8 U.S.C. § 1367 (“Section 1367“) where treatment of information received from prohibited sources and required certifications when certain enforcement actions are taken at specified locations, ICE issued Directive 10036.2: implementation of Section 1367 Protections for Noncitizen Victims of Crime. The purpose is to protect the identification and disclosure of information. It…

U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4, 2022. On March 18, USCIS temporarily suspended routine in-person services at its field offices, asylum offices and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is following the…

U.S. Citizenship and Immigration Services reminds the public that USCIS offers immigration services that may help people affected by extreme situations, including the invasion of Ukraine. The following measures may be available on a case-by-case basis upon request: Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States.…

On March 7, 2022, U.S. Citizenship and Immigration Services announced that it is updating the USCIS Policy Manual to consider deferred action and related employment authorization for noncitizens who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, for Special Immigrant Juvenile (SIJ) classification but who cannot apply to adjust status to…

U.S. Citizenship and Immigration Services has received enough petitions to meet the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2022. February 25, 2022, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2022, and before October 1, 2022.…

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2022. USCIS have completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for…

U.S. Citizenship and Immigration Services is publishing policy guidance in the USCIS Policy Manual on eligibility, filing, and adjudication requirements addressing Violence Against Women Act (VAWA) self-petitions to update practices and align USCIS policies with recent court decisions. USCIS is updating its interpretation of the requirement for shared residence to occur during the qualifying spousal…

The Biden administration is making a series of policy changes in order to make it easier for foreign students and professionals in the science, technology, engineering, and math (STEM) fields to remain in the U.S. The new policies are aimed to retain foreign students in the STEM fields to compete against other countries who have…

U.S. Citizenship and Immigration Services announced on January 28, 2022, that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern time on March 1 and run through noon Eastern time on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit…