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May 23, 2019
Ana Maria Echiburu Tyrrell

H-1B Cap Selection Process for Fiscal Year 2020 is Complete

On May 17, 2019, USCIS announced that it completed data entry for all H-1B petitions filed in the 2020 cap and that some cases will be transferred to different service centers after receipts are issued. The transfers will depend upon...

May 07, 2019
Ana Maria Echiburu Tyrrell

U.S. District Court Enjoins the Implementation of “Accrual of Unlawful Presence and F, J, and M Nonimmigrants” Memo

On August 9, 2018, U.S. Citizenship and Immigration Services (“USCIS”) published a Memo entitled Accrual of Unlawful Presence and F, J, and M Nonimmigrants (the “Memo”) which provided that F, J, and M nonimmigrant students would begin accruing unlawful presence...

April 25, 2019
Jeffrey Cohn

Consequences of Reentry After a Prior Final Order of Removal (Deportation)

There are serious consequences for foreign nationals reentering or attempting to reenter the U.S. after receiving a prior final order of removal (deportation).  The consequences include ineligibility for immigration benefits and the risk of criminal prosecution for immigration violations. Removal...

April 24, 2019
Beata Leja

Social Security Administration (SSA) Resurrects Controversial Practice of Sending “No Match” Letters to Employers

In March 2019, the Social Security Administration (SSA) announced that it would revive the controversial practice of sending “no match” letters to employers across the country, notifying them that an employee’s Social Security number does not match SSA’s official records....

April 04, 2019
Zeena Barazanji

Illinois Streamlines Rules Enabling Immigrant Survivors of Crime to Achieve Visa Eligibility

On January 1, 2019, Illinois enacted the Voices of Immigrant Communities Empowering Survivors (VOICES) Act. The VOICES Act sets uniform T and U Visa certification standards for all law enforcement agencies in Illinois.  Congress established the T and U Visas...

April 01, 2019
Tahreem Kalam

Recent Changes to Filing Form I-539 Application to Extend/Change Nonimmigrant Status

USCIS has announced changes to the Application to Extend/Change Nonimmigrant Status (Form I-539). This immigration application is commonly used by spouses and children in H-4 or L-2 status to change or extend their status while in the U.S. It can...

March 15, 2019
Chandni Shah

Last Call for H-1B Cap Petitions!

The lottery window for H-1B Cap Petitions opens up on April 1st, 2019, leaving employers just a few weeks to file H-1B petitions for foreign nationals requiring work authorization for the fiscal year beginning October 1, 2019. Because time is...

February 27, 2019
Beata Leja

Act now! Proposed Rule to Eliminate H-4 EAD Pending Review

After many months of speculation, the Department of Homeland Security (DHS) officially submitted a rule to the Office of Management and Budget (OBM) on February 20, 2019 proposing to eliminate the H-4 EAD.  The proposed rule, titled “Removing H-4 Dependent Spouses from the...

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