Immigration Law

Nielsen v. Preap, Supreme Court Ruling 2019

In a new case earlier this month, the United States Supreme Court ruled in Nielsen v. Preap that Immigration and Customs Enforcement (ICE) can detain convicted immigrants after the alien is released from criminal detention. The wording of the ruling has left immigration advocates and civil rights groups alarmed at its vagueness; when does release from criminal …

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Changes to “I-539” Application to Extend/Change Non-Immigrant Status-What to Look Out For

On March 08, 2019,  U.S. Citizenship and Immigration Services (“USCIS”) issued a “significantly revised” I-539 Application to Extend/Change Non-Immigrant Status. Many people are familiar with the I-539 as it is the application used to extend anything from a tourist visa to an H-1B visa.  Significant changes involved in USCIS’ revision to the I-539 include: (1) …

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Common Mistakes When Filling Out Applications: What to Look Out For

By Attorney Nadia Khalid In 2019, U.S. Citizenship and Immigration Services (“USCIS”) has continued to see an uptick in the volume of applications submitted and a consequent increase in their backlog and processing times. Part of this increase in the volume of applications comes from applicants who are filling out and filing applications on their …

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Asylum Updates In 2019: What to Expect in The New Year

By Attorney Nadia Khalid As of January 2019, hundreds of affirmative asylum applications remain, to this day, without an interview after being pending anywhere from 1-3 years. If this situation describes you, here are some important updates, as of 2019, that are helpful for you to keep in mind: Government Shut Down: Even though the …

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USCIS Publishes Final H-1B Rule

By Attorney Michele Strickland The Department of Homeland Security (DHS) published its final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption on January 31, 2019. The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B …

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What to Know for the Rapidly Approaching H-1B Season!

By Attorney Michele Strickland Premium Processing Resumes for FY 2019 H-1B Cap Cases USCIS announced that it has resumed premium processing service for all FY 2019 H-1B cap, effective January 28, 2019.  These are petitions filed during the first week of April 2019 for and October 1, 2019 start date.  All H-1B cap petitions are …

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Potential Proposed H-1B Changes

U.S. Department of Homeland Security (DHS) has proposed a new rule that will significantly change how H-1B cap cases are filed and how the lottery is to be conducted. Because there are more applications than H-1B visas available each year, U.S. Citizenship and Immigration Services (USCIS) conducts an H-1B lottery every year to determine which applicants will …

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