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Archive for the ‘Legal News’ Category

H-1b Lottery Will Not Change This Year, Wage Based System is Delayed

USCIS just announced that the Trump regulation that changes the H-1b lottery system to really a wage based allocation system (giving the highest wage earners in each occupation first preference) will be delayed until the end of the year, and not take effect until next year’s H-1b Cap season. HERE IS A LINK TO USCIS’ […]

President Biden’s Immigration Policy Executive Orders from February 02, 2021

Yesterday, President Biden issued three immigration related executive orders. The orders lay out new, thoughtful approaches to both address fundamental problems in our immigration system and to undo the harm caused by the Trump Administration’s immigration policies (which epitomized a complete lack of thought and humanity).  One order addresses the new approach to Central and […]

Biden Immediately Begins Dismantling Trump’s Immigration Policies

The speed at which the Biden administration is committed to undoing 4 years of horrible immigration policy is exciting to say the least. Yesterday, President Biden issued an executive order that resets our immigration priorities. These priorities are exactly that, a focus on the most serious crises we currently face that affect our immigration system. […]

Final Rule Published on H-1b Lottery System Changes Based on Wage Level, But . . .

The Trump administration continues its last ditch efforts to undermine our immigration system with another final rule which would dramatically change how the H-1b lottery is conducted. I have an attached a AILA (American Immigration Lawyers Association) summary of what these changes look like and the possibility of whether they actually will take effect this […]

Full DACA Program Restored by a Federal Court

A U.S. District Court in New York ordered USCIS to fully restore the DACA program to its original Obama program version. This is fantastic news since it means that the program will once again have to accept new applicants who qualify, many of whom “aged into” the program after it was curtailed by the Trump […]

New Trump Memo on DACA, Barring New Applications, But Allowing Current Recipients to Renew in One-Year Increments

What the New DACA Memo Does The Department of Homeland Security issued a new memorandum today regarding the DACA  program (Deferred Action for Childhood Arrivals), authored by the acting Secretary for DHS Chad Wolf. The memo is in response to the Supreme Court’s recent decision that the previous memos that attempted to end DACA were […]

Trump Suspends H-1b, H-2B, L-1, and J-1 Visas with His Latest Counter-Productive and Damaging Immigration Proclamation

Trump’s latest attack on immigration is arguably his boldest, most pretextual and most counter-productive to its stated goal (though the Travel Bans may be a close tie). In order to try and convince people of its illogical rationale, the order is clumsily titled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. […]

Advisal for Nonimmigrants (H-1b, L-1, O-1 and TNs) on Working from Home and Other Material Changes to Work Due to the Coronavirus

As that many workers are now working from home due to “stay-at-home” orders, it is important to understand what immigration effects there could be for nonimmigrant workers due to this change in work location, or due to other significant changes to employment such as wage and/or hour reductions, or substantial changes to job duties. H-1bs […]

Coronavirus Immigration Updates – March 18, 2020

The nature of the Coronavirus threat is changing rapidly and daily. Here are some recent updates that we wanted to share with everyone in case they were missed: LOCAL USCIS OFFICE CLOSURE – USCIS’s local Denver Office has cancelled in-person appearances until at least April 1, this includes all application related interviews (naturalization, adjustment of […]

Highlights from the October 2019 Visa Bulletin: The Start of the 2020 Federal Fiscal Year

The October 2019 visa bulletin has been released. The October bulletin shows some notable movement in a few categories, but not as much movement as we had hoped for in others. The October bulletin is a big deal since it represents the start of the next federal fiscal year when annual visa numbers are replenished. […]