USCIS Announces Final Rule to Be Published on Fee Increases

By Roujin Mozaffarimehr Today, USCIS announced that it plans to publish its final rule in the Federal Register on Monday, August 3rd, 2020 to increase fees across the board for immigration-related filings. A copy of the rule for public inspection can be found here. Notable changes include: I-90 Application to Replace Permanent Resident Card (online…

District Court in New York Issues Injunctions on Public Charge Rule During COVID Pandemic

By Roujin Mozaffarimehr On July 29th, The United States District Court, Southern District of New York issued two decisions to temporarily enjoin the Department of Homeland Security and the Department of State from implementing the recent Public Charge Rule that took effect earlier in February 2020.[1] Below, we discuss the recent changes to the Public…

DOS Clarifies June 22nd Proclamation— Additional Details on National Interest Exception Requirements

By Roujin Mozaffarimehr As we reported last month, on June 22, 2020, President Donald Trump signed a Presidential Proclamation suspending the entry of H-1B and H-2B visas and accompanying dependents, certain J visas, and L visas and accompanying dependents, and extending the April 2020 suspension on certain immigrants.  banning visa issuance through December 31, 2020.…

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.