DHS just released notices that it has suspended certain requirements governing employment for Venezuelan or Syrian F-1 students. These notices provide relief to citizens of Syria or Venezuela who are lawful F–1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing...
The DHS may grant Temporary Protected Status (TPS) to nationals of certain countries who have experienced or are experiencing ongoing civil strife, environmental disaster, or other extraordinary and temporary conditions. In March 2021, President Biden designated Venezuela and Burma for TPS. We often hear questions about dual nationality as some nationals of TPS-designated countries are also...
USCIS just released data on the I-918 U Visa approval and denial rates by petitioner state and year from FY2016 to FY2020. The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. In order to be eligible for a U visa,...
Update Post June 15, 2021 Due to covid, there’s a significant backlog for immigrant (IV) and nonimmigrant visa (NIV) applicants waiting a visa interview. U.S. embassies and consulates are using a tiered approach to triage IV applications based on the category of immigrant visas as they resume and expand processing. Scheduling of appointments are prioritized as follows: TIER 1: Immediate...
How do we determine what is law, what is the government’s interpretation or application of a law, or what is just the government’s opinion? Consider the source. STATUTES: Laws Passed by a Legislature, Usually by CongressStatutes are binding law and can create new rights or obligations. The Immigration and Nationality Act is a statute. Statutes may be challenged in court if they are...
Update June 15, 2021 Please see a flyer below regarding the interview waiver procedure. If a consular has an interview waiver process in place and a visa applicant qualifies, the applicant must schedule their document drop-off or mail-in processing directly with that consular. Typically, these documents include: DS-160 confirmation page, a valid passport, pre-paid courier packaging for...
Update May 4, 2021 Since January of last year, we have seen an uptick in typos and errors on official notices. We've caught errors almost every month which suggests the trend will continue. Errors include name misspellings, wrong priority date, wrong DOB, missing A#, and wrong EB category (EB1 instead of EB2). We will create a new post to track these ongoing errors. It is important to look at...
On March 18, 2021, DHS announced re-designation and extension of Syria for TPS. This means that current beneficiaries may extend their TPS until September 30, 2022 while first-time applicants may now apply if they had missed the previous registration period. Current beneficiaries Current beneficiaries will be eligible to re-register for an extension of their status and have employment...
As we have previously reported, Biden has immediately taken steps after swearing in to dismantle Trump’s restrictive H-1B measures. He has already revoked/rescinded prior policy memos that have led to record number of RFEs and denials. On March 12, 2021, USCIS announced that it may reopen and/or reconsider adverse decisions on Form I-129 made based on three rescinded policy memos. They key...
Update: September 26, 2022 DHS is extending the designation of Burma For TPS for 18 months, from 11/26/22 through 05/25/24. Current beneficiaries re-registering under the extension of TPS for Burma must re-register in a timely manner during the 60-day re-registration period from Sept. 27, 2022, through Nov. 26, 2022, to ensure they keep their TPS and work authorization without a gap. DHS...
