Impact of the New Updated Memorandum’s on Nonimmigrant Students and Exchange Visitors

Immigration law changes often and can be complicated and overwhelming for students studying in this country, exchange visitors, and for families of those students. Earlier this month, the U.S. Citizenship and Immigration Services (USCIS) posted an updated memorandum changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status. This includes [...]

By |2018-05-22T14:42:23-06:00May 22, 2018|

The H1-B Cap Has Been Met – What Happens Next?

Last week, the USCIS confirmed that they had received enough applications to meet the 85,000 H-1B cap for the fiscal year. The USCIS has not announced how many applications have been received, but it is likely to be well above the 85,000 visa allocation. This announcement was widely expected, and means that USCIS will take all H-1B applications submitted between [...]

By |2018-04-09T16:05:44-06:00April 9, 2018|

The Future of DACA: It’s Not Over Yet

In September, the Trump administration announced that the Deferred Action for Childhood Arrivals program would be phased out by March 2018, leaving it to Congress to develop a plan for the recipients of DACA, known as DREAMers. As the program is winding down, however, democrats have indicated that they will protect the program before it expires. Though the president has [...]

By |2017-11-13T11:00:37-06:00November 15, 2017|

USCIS Rescinds Memo on Deference for Renewals

Although it has not received as much news coverage as travel bans and the DACA decision, the administration has also been making it harder for companies utilizing the legal immigration system. The latest example came at the end of October, when the United States Citizenship and Immigration Services released a Policy Memorandum stating that officers will no longer give deference [...]

By |2017-11-13T10:48:42-06:00November 13, 2017|

Trump Administration: DACA to Be Phased Out Over Six Months

The Trump administration announced today that the Deferred Action for Childhood Arrivals program will be phased out over the course of six months. DACA, an executive action signed by former President Barack Obama, provides legal protections to approximately 800,000 undocumented immigrants who entered the country illegally as children. In a statement, Homeland Security Acting Secretary Elaine Duke said the administration’s [...]

By |2017-09-05T12:11:26-06:00September 5, 2017|

USCIS Reverses Long-Standing Policy for Adjustment of Status Applicants

In a change of long-standing policy, United States Citizenship and Immigration Services has elected to stop granting advance parole to adjustment of status applicants who travel internationally while their application is pending. This means that individuals with an H-1B or L-1 visa who travel while the advance parole application is pending, or individuals seeking to renew their advance parole documents, [...]

By |2017-08-29T14:59:44-06:00August 30, 2017|

RAISE Act Would Bring Major Immigration Changes if Passed

A newly proposed bill — the Reforming American Immigration for a Strong Economy Act — aims to reduce the number of immigrants legally entering the United States through a merit, point-based system that would favor highly-skilled workers who are proficient in English. If passed, the bill could cut the number of immigrants who legally enter the Unites States each year [...]

By |2017-08-28T16:08:42-06:00August 29, 2017|

DOL and DHS Promise to Detect Fraud in Worker Visa Programs

A number of technology companies rely heavily on foreign workers — and the H-1B program — to fill positions requiring specialized, highly trained employees. However, a recent executive order asking for an overhaul of the H-1B program is beginning to take effect, and it could become increasingly difficult for tech companies to easily and affordably obtain a skilled workforce. Moreover, [...]

By |2017-08-02T10:46:55-06:00August 2, 2017|

H-1B Facing Reforms Following Buy American Hire American Executive Order

On April 18, President Trump issued an executive order, “Buy American and Hire American,” in which he expressed a desire to overhaul the current H-1B program which grants visas to highly-skilled foreign workers who seek employment in specialized fields. The order, though not specific in details, works in two parts: The first part, Buy American, mandates that a certain amount [...]

By |2017-05-09T15:59:27-06:00May 9, 2017|

Attorney General Sessions Orders a “Renewed Commitment” to Criminal Immigration Enforcement

This article originally appeared in Law Week Colorado. Following a tour of our Southern border and an animated speech encouraging increased immigration enforcement, Attorney General Jeff Sessions issued a memo asking United States Attorneys to intensify efforts in criminally prosecuting immigration violations. In a memo released on April 11, Attorney General Sessions, focusing largely on non-violent crimes, reaffirmed the commitment [...]

By |2017-05-09T16:08:07-06:00May 4, 2017|