Entries by Cyrus Mehta

Mid-November 2018 Immigration Update

Headlines: University of California Wins Preliminary Injunction in DACA Ninth Circuit Appeal – The court said that the rescission of DACA was based “solely on a misconceived view of the law” and is reviewable, and that plaintiffs are likely to succeed on their claim that it must be set aside. Trump Administration Bars Certain Asylum […]

November 2018 Immigration Update

Headlines: Lawsuit Challenges New USCIS Policy on ‘Unlawful Presence’ for Foreign Students and Exchange Visitors – Several institutions of higher education have challenged a recently announced Trump administration policy, effective August 9, 2018, changing the calculation of the number of days of “unlawful presence” for nonimmigrant foreign students. E-Verify Reminds Employers Not to Terminate Employees […]

Mid-October 2018 Immigration Update

Headlines: F-1 ‘Cap-Gap’ Status, Work Authorization Extension No Longer Valid as of October 1 – USCIS reminded F-1 students who have an H-1B petition that remained pending on October 1, 2018, that they risk accruing unlawful presence if they continue to work on or after October 1 (unless otherwise authorized to continue employment) because their […]

October 2018 Immigration Update

Headlines: DHS Announces Controversial Proposed Rule on Changes to Public Charge Definition – DHS has announced that it will soon publish a controversial proposed rule that would make it much more difficult for many who have lower incomes or less education, or who have received public benefits, to become permanent residents. USCIS Proposes Change in […]

Mid-September 2018 Immigration Update

Headlines: USCIS Now Accepting Copies of Negative O Visa Consultations Directly from Labor Unions – USCIS has begun accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request. USCIS Changes Filing Location for Petition to Remove Conditions on Residence – Petitioners must send Form […]

September 2018 Immigration Update

Headlines: State Dept. Announces Oversubscription of September Employment-Based Second and Third Preference Categories – The Department of State’s Visa Bulletin for September 2018 announced oversubscription of employment-based visa numbers in several categories. USCIS Extends, Expands Suspension of Premium Processing for Certain H-1B Petitions; Increases Premium Processing Fee – USCIS announced that it is extending the […]

August 2018 Global Immigration Update

Feature Article VISA WAIVER PROGRAMS: AN OVERVIEW – This article provides an overview of visa waiver programs in several countries. Country Updates AUSTRALIA – Australia has implemented the Temporary Skills Shortage visa and employer nomination sponsored visas. HONG KONG – This article provides an overview of the acquisition of Chinese nationality in the Hong Kong […]

Mid-August 2018 Immigration Update

Headlines: Controversial DHS Draft Rule Proposes Changes to Public Charge Definition – A controversial Department of Homeland Security (DHS) draft rule leaked to the media would make more immigrants inadmissible or deportable for receiving public benefits. EB-1 Green Cards Backlogged Worldwide – The worldwide backlog for EB-1 visas is expected to continue through at least […]

August 2018 Immigration Update

Headlines: State Dept. Announces Oversubscription of August Employment-Based Preference Categories, Limits on Special Immigrant Translator Visa Availability – The Department of State’s Visa Bulletin for the month of August 2018 includes announcements about employment visa availability. USCIS Postpones Implementation of Memorandum on Notices to Appear – USCIS announced that issuance of operational guidance is pending […]

Mid-July 2018 Immigration Update

Supreme Court Upholds Latest Trump Entry Ban – On June 26, 2018, the U.S. Supreme Court upheld 5-4 the Trump administration’s third travel ban order. The ban prevents the entry into the United States of certain nationals from specific countries, with some exceptions. USCIS Updates Notice to Appear Policy Guidance to ‘Support DHS Enforcement Priorities’ […]