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…
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Is It Normal to Get a Request for Evidence on an H-1B?
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
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
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…
What Does Dual Intent Mean?
Many non-immigrant visas require that the alien not intend to remain permanently in the United States. Thus, if the alien files for an immigrant visa, by, for instance, filing a Form I-130 or Form I-140, the alien would be declaring an intent to remain permanently in the United States that is contrary to the purpose…
Lawsuit Filed Against USCIS for Limiting H-1B Visa Duration
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…