Immigration Blog

International Students under fire by the Trump Administration – will we still be able to attract international talent?

By Roujin Mozaffarimehr.  As the COVID-19 pandemic continues to unfold and impact all aspects of society, concerns have arisen as to the future of the F-1 OPT program under the Trump Administration. This post describes the history of OPT, the legal challenges and attacks on OPT, and, while no action has been taken to change…

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Victory in the Courts—USCIS Required to Rescind 2018 Third Party Worksite Memorandum

On May 16, 2020 a landmark settlement was reached in the case, IT Serve Alliance, Inc. v. United States Citizenship and Immigration Services (IT Serve Alliance) after a decision was issued on March 10, 2020 by the District Court for the District of Columbia. The USCIS has agreed to rescind the February 2018 USCIS memo,…

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USCIS Plans to Reopen Offices and Public Services on June 4th

On May 27th, the USCIS announced that it expects to begin reopening domestic offices and public services beginning on June 4th or later. All asylum interviews, naturalization ceremonies, interviews, appointments, and biometrics appointments canceled due to office closures will be automatically rescheduled. All applicants will be issued new notices confirming the rescheduled event.

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USCIS Makes Technical Updates to its Policy Manual to Clarify Guidance on Portability for Physicians with approved NIW immigrant petitions

On Wednesday May 20, 2020, USCIS updated its Policy Manual to clarify guidance on portability for physicians with an approved immigrant  petition based on a national interest waiver (NIW) applying for adjustment of status and the applicability of the two-year foreign residence requirements to certain NIW physicians. This change was made in Chapter 8 of…

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As Trump suspends immigration, USCIS seeks $1.2 billion bailout

By Kalpana V. Peddibhotla and Desire Lance.  The COVID-19 pandemic has affected immigration into the U.S. on a number of fronts. Due to economic uncertainty, companies are less willing to initiate the transfer or hire of foreign nationals. As travel restrictions linger and U.S. Consulate services are suspended, it is difficult for foreign nationals to…

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MPLG Attorney Roujin Mozaffarimehr Sworn in As AILA SCV Chapter Chair for 2020-2021 Year

On May 14th, the American Immigration Lawyers Association Santa Clara Valley Chapter (AILA SCV) hosted its annual installation event, during which the new Executive Board was virtually sworn in and installed. MPLG Attorney Roujin Mozaffarimehr was sworn in as this year’s Chapter Chair. She has been an active member of AILA, serving committee and executive…

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Trump’s Proclamation: More Bark than Bite?

President Trump’s Immigration Proclamation only limits a narrow set of potential immigrants, with little impact on protecting the U.S. labor market. It instead appears to be a stepping stone to pursuing an anti-immigrant agenda. On April 22, 2020, President Donald Trump signed a Proclamation intended to suspend the entry of immigrants who purportedly present a…

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President Trump’s Proposed Executive Order to Ban Immigration Will Unlikely Be What He Tweeted

At 10:06 pm Eastern on April 20, 2020, President Donald Trump stated his intent to assert the most sweeping policy for immigration in U.S. history, by tweet. This was later followed by a Whitehouse press conference on April 21, 2020, where he narrowed the scope to 60 days with possible extensions and to only target…

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COVID-19 MPLG Update: Immigration Operation Updates and Closures

As a result of the COVID-19 pandemic, various government departments and agencies have suspended a wide range of in-person immigration operations. Updated instructions and processes have also been provided for certain immigration filings. Below, we provide several links to track the most up-to-date information on the government’s response to immigration

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COVID-19 MPLG Update: FAQs re Appointments, Visa Processing, etc.

MPLG has received several questions related to appointments, office closures, visas, and travel as a result of COVID-19. We answer some of them below. Q1. Do I have to attend my biometrics appointment or USCIS interview scheduled at the USCIS field office during the Shelter-in Place (SIP) order? A1. No, not until the SIP order…

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Litigation Blog

Company Acquisition Strategies for a Smooth Transition

Company Acquisition Strategies for a Smooth Transition There are many ways to grow your business. One is organically, simply by reaching more customers, selling more products, increasing your profits. Another is by acquiring other businesses. This second option can be incredibly impactful, but it’s seldom without its challenges. From integrating financial systems to synthesizing disparate…

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Family Immigration Blog

Trump’s Proclamation: More Bark than Bite?

President Trump’s Immigration Proclamation only limits a narrow set of potential immigrants, with little impact on protecting the U.S. labor market. It instead appears to be a stepping stone to pursuing an anti-immigrant agenda. On April 22, 2020, President Donald Trump signed a Proclamation intended to suspend the entry of immigrants who purportedly present a…

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COVID-19 MPLG Update: FAQs re Appointments, Visa Processing, etc.

MPLG has received several questions related to appointments, office closures, visas, and travel as a result of COVID-19. We answer some of them below. Q1. Do I have to attend my biometrics appointment or USCIS interview scheduled at the USCIS field office during the Shelter-in Place (SIP) order? A1. No, not until the SIP order…

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USCIS Issues Updated Policy Memorandum Giving Officers Full Discretion to Deny Cases Without RFE or NOID

USCIS Issues Updated Policy Memorandum Giving Officers Full Discretion to Deny Cases Without RFE or NOID By Roujin Mozaffarimehr On Friday, July 13, 2018, the USCIS announced its rescission of the long-standing policy memorandum (PM), “Requests for Evidence and Notices of Intent to Deny” (2013 PM) which detailed the parameters surrounding an officer’s discretion to…

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BREAKING NEWS: DACA is Back, Trump is Thwarted Again – This Time By a Republican Appointed Judge

BREAKING NEWS: DACA is Back, Trump is Thwarted Again – This Time By a Republican Appointed Judge On April 24, 2018, Federal Judge John D. Bates for the District of Columbia ruled DACA must remain in place and that the government must resume accepting new applications. Judge Bates had concluded that the Trump Administration’s decision…

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Asylum & Deportation Blog

Memo Evaluating Sessions Position on Gender Based Asylum Claims and Impact on Particular Social Group

Memo Evaluating Sessions Position on Gender Based Asylum Claims and Impact on Particular Social Group By Chloe Thomlinson and Kalpana Peddibhotla Introduction On June 11, 2018 the Attorney General issued a disheartening decision over-ruling the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) stating that, “generally, claims by aliens pertaining to domestic violence  perpetrated by non-governmental…

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Travel Ban Blog

Trump’s Proclamation: More Bark than Bite?

President Trump’s Immigration Proclamation only limits a narrow set of potential immigrants, with little impact on protecting the U.S. labor market. It instead appears to be a stepping stone to pursuing an anti-immigrant agenda. On April 22, 2020, President Donald Trump signed a Proclamation intended to suspend the entry of immigrants who purportedly present a…

Read more

President Trump’s Proposed Executive Order to Ban Immigration Will Unlikely Be What He Tweeted

At 10:06 pm Eastern on April 20, 2020, President Donald Trump stated his intent to assert the most sweeping policy for immigration in U.S. history, by tweet. This was later followed by a Whitehouse press conference on April 21, 2020, where he narrowed the scope to 60 days with possible extensions and to only target…

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Travel Ban Waiver Criterion Receive Scrutiny After Supreme Court Upholds Visa Ban

Travel Ban Waiver Criterion Receive Scrutiny After Supreme Court Upholds Visa Ban By Ameer Shaikh On September 24, 2017, President Trump announced Presidential Proclamation 9645, commonly known as the third version of the “Muslim Ban” or “Travel Ban.” In it, nationals from Chad, Iran, Libya, North Korea, Venezuela, Yemen, and Somalia were restricted from traveling to…

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Travel Ban 3.0 – Who Can Come and Who Has Been Left Out.

Travel Ban 3.0 – Who Can Come and Who Has Been Left Out. On September 24, 2017, President Trump announced new travel restrictions following his initial travel ban earlier this year through the Presidential Proclamation, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.” President…

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