Interviews Now Required for Most Form I-751 Cases

Posted in Immigration

On November 30, 2018, USCIS issued a revised policy memorandum pertaining to when interviews are required on a Form I-751, Petition to Remove Conditions on Residence.  The memorandum took effect on December 10, 2018. Previously, USCIS would not require an interview on joint petitions or petitions requesting a waiver of the joint filing requirement unless […]

Is It Normal to Get a Request for Evidence on an H-1B?

Posted in Immigration

Yes.  Since the advent of the Trump Administration, we have seen a significant uptick in the number of Requests for Evidence (RFEs) issued by USCIS on H-1B petitions. The most common type of RFE appears to be that questioning whether a position is truly a “specialty occupation” for which an H-1B is intended and whether […]

DHS Contemplates Pre-Registration Rule for H-1B Cap-Subject Petitions

Posted in Immigration

On October 17, 2018, the U.S. Department of Homeland Security released its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions and Regulatory Plan.  In the plan, DHS provides a list of proposed regulation that is part of its current agenda. DHS placed on its agenda a regulation that would require registration of employers seeking to […]

USCIS Implements Stage 2 of New NTA Issuance Policy Memo

Posted in Immigration

On November 19, 2018, USCIS began the second stage of its implementation of its new policy guidance, which was first issued on June 28, 2018, that will lead to an increase in the number of Notices to Appear (NTAs) for immigration court proceedings issued to applicants before USCIS. Per a September 27, 2018, teleconference, USCIS has […]

Lawsuit Filed Against USCIS for Limiting H-1B Visa Duration

Posted in Immigration

On October 11, 2018, a lawsuit was filed in the U.S. District Court for the District of Columbia, titled ITServe Alliance Inc. v. United States Citizenship and Immigration Service, seeking to stop USCIS’s practice of placing seemingly arbitrary durations on H-1B visas, which are usually issued in three-year increments.  USCIS claimed in a February 2018 […]

Can President Trump End Birthright Citizenship by Executive Order?

Posted in Immigration

The answer to this question is not crystal clear, but it seems unlikely.  The dispute hinges around the long-standing interpretation of the 14th Amendment to the U.S. Constitution, which reads, in relevant part: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and […]

USCIS Updates Policy Manual on Naturalization Based on Marriage to a U.S. Citizen

Posted in Immigration

On October 12, 2018, USCIS updated its Policy Manual to provide clarification on the requirements for filing for naturalization on the basis of marriage to a U.S. citizen.  Generally, such applicants must be “living in marital union,” (e.g., physically living together), for at least three (3) years immediately before filing for naturalization, and they must […]

USCIS Updates Policy Manual on Form I-693, Report of Medical Examination

Posted in Immigration

On October 16, 2018, USCIS announced that it is updating its Policy Manual in regard to the validity period of Form I-693, Report of Medical Examination and Vaccination Record.  Beginning November 1, 2018, civil surgeons must complete and sign Form I-693 no more than sixty (60) days before an applicant files the application for the […]