ICE announces temporary modifications to the SEVP online study policy for nonimmigrant students for fall 2020

On July 6, 2020, the Immigrations and Customs Enforcement (ICE) announced certain adjustments to the Student and Exchange Visitor Program (SEVP) online study policy for nonimmigrant students for Fall 2020. A Temporary Final Rule is anticipated to be published in the Federal Register by the Department of Homeland Security soon. Spring/Summer and Fall 2020 Semesters…

Trump takes aim at Non-immigrant workers in his latest Proclamation

By Roujin Mozaffarimehr and Kalpana Peddibhotla   On June 22, 2020, President Donald Trump signed a Presidential Proclamation intended to suspend the entry of certain nonimmigrants purportedly present a risk to the U.S. labor market in the period of economic recovery following the COVID-19 outbreak.[1][2] The suspension is set to take effect at 12:01 AM…

New June 17, 2020 USCIS Policy Memo dramatically changes adjudication of H-1Bs for IT Consulting Companies

By Radhika Balaji US Citizenship and Immigration Service’s settlement with ITServe Alliance will dramatically change the way H-1B visas have been adjudicated for the last 10 years for Information Technology companies. In its March 10, 2020 ruling in the ITServe Alliance lawsuit, the District Court opined that the two key policy memos from 2010[1] and…

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…

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,…

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.

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…

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…

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…

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…