For Now, Three Presidential Proclamations will Continue to Remain in Effect

  For now, three immigration related presidential proclamations issued under this administration will continue to remain in effect:   Proclamation 10014 Proclamation 10052 Proclamation...

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Updates re Consular Processing Services and Timelines

The Department of State (“DOS”) recently released updated announcements on the phased resumption of its visa services. In its announcements, DOS specified that resumption would occur on a post-by-post basis. To date, no specific dates...

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New Rule will Make it Almost Impossible for Many to Be Eligible for Asylum

On December 11, 2020 DHS and DOJ published a Final Rule in the Federal Register that introduces significant changes to the asylum and credible fear process. These changes will make it nearly impossible for many asylum seekers to be eligible for...

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DACA is fully Reinstated!

On Monday, December 7th, DHS announced on its website that first-time Deferred Action for Childhood Arrivals (DACA) requests will now be accepted along with renewals. One-year grants of extended action and employment authorization will be expanded to...

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New Civics Test to be administered at Naturalization Interviews

After December 1st, United States Citizenship and Immigration Services (USCIS) will administer a new version of the civics test, one of the three tests given at naturalization interviews.  Under the new test, a USCIS officer will ask an applicant...

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Court says USCIS was wrong in refusing to Accept Initial DACA Applications

  On Saturday, a federal judge in New York City ruled that Chad Wolf was not legally serving as acting Homeland Security secretary when he signed rules limiting applications and renewals for the Deferred Action for Childhood Arrivals program...

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Further Restrictions on Asylum Eligibility to take effect November 20th

  On October 20, 2020, the administration announced additional bars to asylum that create further obstacles for asylum...

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Various Lawsuits filed against Department of Labor and the Department of Homeland Security re Changes to Work Visa and Employment Based Immigrant Visa Programs

A total of three lawsuits have been filed against the recently issued DHS and DOL  Interim Final Rule (“IFRs”).   One lawsuit was filed on Friday, October 16th against the DOL IFR which had set dramatically higher wage rates...

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Interim Final Rules Related to the H-1B Program

On October 8, 2020, the Department of Homeland Security (“DHS”) issued an Interim Final Rule (“DHS IFR”) revising the definition of "Specialty Occupation".  That same date, the Department of Labor...

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Court Blocks Executive Order Ordering the Suspension of Entry for NonImmigrants

On October 1st , a federal judge issued a preliminary injunction against the Trump administration’s June 2020 proclamation that suspended the entry of foreign nationals on four categories of work visas (H-1B, L-1, H-2B and most J-1 temporary...

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