USCIS POLICY CHANGE: USCIS To Scrutinize I-129 Extension Requests with Same Level of Scrutiny as Initial I-129 Petitions

On October 23, 2017, USCIS issued a Policy Memorandum titled “Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status.” This Policy Memorandum rescinds the previous USCIS policy which guided officers to give deference to the findings of a previously … Continue reading

90-Day Rule, Conduct Which is Inconsistent with Status: Heads-Up to B-Visa, F-Visa, and Potential AOS Nonimmigrants

Written by: Joseph M. Spesia, Esq. The United States Department of State has promulgated new policy regarding the conduct of certain nonimmigrants. Because of increased findings of willful misrepresentation by nonimmigrants coming to the United States, the Department of State now institutes a 90-day rule which governs conduct of certain … Continue reading

Trump Administration Announces End of DACA Program with Six Month Delay, Calls on Congress to Find Legislative Solution

On September 5, 2017, the Trump Administration announced that it is ending the Deferred Action for Child Arrivals (DACA) program. The DACA program was put into place by President Obama and there are approximately 800,000 dreamers expected to be affected by today’s announcement. The announcement was made by Attorney General … Continue reading

USCIS to Begin Requiring In-Person Interviews for All Employment-Based Applicants

Effective October 1, 2017, USCIS will begin requiring an in-person interview for all I-485 applications based on permanent employment. All employment-based I-485 applicants will be required to attend an in-person interview before the I-485 can be approved. This in-person interview requirement will also apply to refugee/asylee relative adjustment applications.   … Continue reading

New Immigration Reform Bill; the RAISE ACT; Uphill Battle to Overhaul the Nation’s Green Card System

Today, President Trump, along with Senator Tom Cotton (R-Arkansas) and Senator David Perdue (R-Georgia), introduced plans for a new immigration reform bill specifically targeting America’s current Green Card system. At the White House, following an introduction by President Trump, Senators Cotton and Perdue provided their reasons for why the bill … Continue reading

USCIS Delays Effective Date of International Entrepreneur Rule Citing Public Interest; Rule Likely to be Completely Rescinded, Call to Action

USCIS Delays Effective Date of International Entrepreneur Rule Citing Public Interest; Rule Likely to be Completely Rescinded, Call to Action The Department of Homeland Security is temporarily delaying the effective date of the International Entrepreneur Rule. This delay will provide DHS with an opportunity to obtain comments from the public … Continue reading