Headlines: 1. Update on ‘Visagate’ Filing Date Fiasco: Temporary Restraining Order Denied -On October 7, 2015, a judge rejected a petition for a temporary restraining order (TRO) in a class action challenging a new change to the October Visa Bulletin. 2. Congress Extends Four Immigration Programs Until December 11 -Congress has extended the EB-5, E-Verify, Conrad state 30 (physician […]
Author Archives: ABIL
Headlines: 1. State Dept. Moves Many Filing Dates Back From Previously Released October Visa Bulletin; Lawsuit Filed -On September 24, 2015, the Department of State issued an update that supersedes the previously released October Visa Bulletin. By moving many filing dates back, the update radically changed the recently announced benefit offered by a revised procedure for determining […]
Headlines: 1. USCIS, State Dept. Revise Procedures for Determining Visa Availability for Adjustment of Status Applicants -Applicants will be able to file adjustment applications before their priority dates become current, based on a new second chart in the Visa Bulletin listing when applications can be filed. 2. CBP Redesigns ESTA Website for Visa Waiver Program -Some of the new […]
Headlines: 1. New L-1B Memo Addresses Some Issues, But Concerns Remain -Some practitioners expressed concerns that the memo still gives adjudicators broad discretion to issue RFEs and denials. 2. USCIS Discontinues Legacy E-Filing System -After the legacy system is decommissioned and before the new system is fully operational, applicants must use paper forms for several categories. 3. DHS Extends […]
Headlines: 1. District Court Strikes Down DHS Rule Extending STEM OPT, But Stays Action Until 2016 -The court struck down a 2008 interim rule extending the duration of STEM OPT by 17 months but stayed that action until February 12, 2016, to avoid disruption and allow DHS to submit the rule for notice and comment. 2. GAO Calls […]
Headlines: 1. USCIS Issues Final Guidance on When To File Amended or New H-1B Petitions After Matter of Simeio Solutions -In general, H-1B petitioners must file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition. 2. Obama Administration Moves Forward With Executive Actions -On […]
Headlines: 1. USCIS Ombudsman Annual Report Notes Continuing RFE Issues -The Ombudsman continues to be concerned with the quality and consistency of adjudications and the issuance of unduly burdensome requests for evidence, among other things. 2. China Visa Availability Retrogresses in Some Categories in August, Other Categories Advance -An “extremely large increase” in applicant demand has resulted in retrogressions […]
Headlines: 1. U.S. Supreme Court Decides Two Immigration Cases -The U.S. Supreme Court has decided two immigration cases with potentially far-reaching implications, Kerry v. Din and Mata v. Lynch. 2. Visa, Passport Computer Problems Mostly Resolved -Among other things, the problems caused delays at the U.S.-Mexico border with seasonal workers being unable to enter the United States. 3. USCIS Temporarily Stops Accepting Electronic […]
Headlines: 1. State Dept. Reports Visa, Passport System Errors -The Bureau of Consular Affairs reported technical problems with overseas passport and visa systems. 2. USCIS Reopens FY 2015 H-2B Cap for Temporary Nonagricultural Workers -On June 5, 2015, USCIS reopened the congressionally mandated fiscal year 2015 cap and is accepting petitions requesting new H-2B temporary nonagricultural workers with an […]
Headlines: 1. USCIS Suspends Premium Processing Until July 27 for Extension of Stay H-1B Petitions; New Form In Effect -USCIS said this temporary suspension will allow the agency to implement its final rule on employment authorization for certain H-4 spouses in a timely manner. 2. USCIS Releases Revised I-765 Application for Employment Authorization -The revised I-765 contains the eligibility […]