Breaking News

This category is updated daily on interesting U.S. immigration news pertaining to family immigration, employment immigration and other immigration issues. The updates are meant to quickly keep our readers aware of the ever changing immigration laws and all the related aspects. For more information check our entire website on specific topics. Note that this blog does not cover all aspects of immigration news.

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AILA calling on sample of H1B amendment cases denied Based on Simeio decision.

"AILA's Annual Conference panel discussing Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), is seeking examples of RFEs or denials received concerning issues presented by the decision, such as questioning a work site change in terms of the worker's maintenance of status, resulting from either the filing of an amended H-1B petition (I-129) or the filing of an application to adjust status to lawful permanent resident (I-485). Please send examples to Leslie Dellon at [email protected], subject line "Matter of Simeio Solutions RFE/Denial."Read More Breaking News

Open Letter to President Obama on Visa Bulletin Retrogression for India and China

June 2, 2016 The Honorable Barack Obama President of the United States The White House 1600 Pennsylvania Avenue Washington, DC 20500 Mr. President: I am writing in regards to severe, debilitating delays in employment based immigration wait times for Indian and Chinese nationals seeking to enter the United States or change status from non-immigrant employment visas to employment based immigration visas in primarily the second and third categories. The State Department’s June 2016 Visa Bulletin indicates a 4-year retrogression for India. In May 2016, India was 8 years behind being current, i.e., authorized…Read More Breaking News

What is/are acceptable field(s) to be filled for CPT or OPT employment.

Following a question by AILA members on CPT and OPT, this is what the USCIS answered: Some Designated School Officials (DSOs) endorse Forms I-20 with only the dates of practical training, and not the employer name. May an employer accept such an I-20 (with the passport and I-94 card) for I-9 purposes without additional documentation, or must the employer obtain documentation listing the specific employer? An acceptable Form I-20 for curricular practical training or optional practical training STEM extension (STEM OPT) should have all Employment Authorization fields completed. The Form I-20 Employment Authorization…Read More Breaking News

Are the Students of NorthWestern Polytechnic University (NPU) in trouble?

May 30 2016 - Is NPU (NorthWestern Polytechnic University) next in the list of investigated Universities? An article on Buzzfeed on May 26 2016 describes NPU as “A college on the edge of Silicon Valley has turned itself into an upmarket visa mill, a BuzzFeed News investigation has found, deploying a system of fake grades and enabling thousands of foreign students to enter the United States each year — while generating millions of dollars in tuition revenue for the school and the family who controls it." The issue at hand is not whether NPU…Read More Breaking News

Comments Period Completed on the long Awaiting Rule for I-140 – Now on Final Stage!

The rule "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers" has now reached its final stage.  Let us hope we will  see some breakthrough on this one. DHS/USCIS Final Rule Stage Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-1B Alien Workers 1615-AC05 Here is a Summary of the regulation proposed. Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant…Read More Breaking News

Finally Muslims Suing in numbers for Delay Under CARRP

Talal Ansari, BuzzFeed News, May 18, 2016 - "The United States Citizenship and Immigration Services (USCIS) unlawfully delays the citizenship applications of Muslim immigrants due to a secretive immigration program, according to a lawsuit filed Wednesday in St. Louis.  The lawsuit — filed by the Hacking Law Practice on behalf of 13 Muslim immigrants in the Eastern District of Missouri — alleges that the “USCIS has applied different rules under a policy known as the Controlled Application Review and Resolution Program (CARRP), which has resulted in the agency refusing to adjudicate Plaintiffs’ applications.”  CARRP, which…Read More Breaking News

AILA and 300 Organizations Sign on a letter to reduce Delays on U Visas

RE: Significant Delays in adjudicating petitions for U Nonimmigrant Status May 16, 2016 The Honorable León Rodríguez Director, U.S. Citizenship and Immigration Servicesv Department of Homeland Security 20 Massachusetts Avenue, NW Washington, DC 20529 cc: Maria M. Odom, CIS Ombudsman Carrie Bettinger-Lopez, White House Advisor on Violence Against Women RE: Significant Delays in adjudicating petitions for U Nonimmigrant Status Dear Director Rodríguez: We, the 307 undersigned organizations that work with or otherwise support immigrant survivors of sexual and gender-based violence, respectfully wish to bring to your attention the increasing delays in adjudicating petitions for U…Read More Breaking News

Civil Penalties Related to Failure to Comply with Voluntary Departure Does not extend to U-1 non-immigrant victims

USCIS in a Memo adopts the decision of the court in the Matter of L-S-M. While the failure to voluntary depart might still apply to some VAWA cases, the court has made clear it does not apply to U Visa Holders. 2016-0513_Matter_of_L-S-M-_Adopted_Decision_2016-03_ clarifies that the exception to the civil penalties for failure to comply with an order of voluntary departure, available for certain victims of domestic violence or related abuse, does not extend to U-1 non-immigrant victims of qualifying criminal activity. See sections 240B(d)(1)-(2) of the Immigration and Nationality Act. That said, the…Read More Breaking News

Lawsuit to Challenge Government on October 2015 Visa Bulletin Fails

May 16 2016 - The lawsuit challenging the Visa Bulletin of October 2015 has actually been dismissed with prejudice. This decision of the court, unfortunately closes the chapter in the 'fiasco' of the October 2015 where the government was supposed to allow EB2 India up to July 2011 to file for adjustment of status or consular processing. As such the hopes of thousands of EB Indian applicants are now lost with the decision of Judge Martinez. This is what the court wrote in conclusion: ...The Court finds that the parties have thoroughly presented the…Read More Breaking News

The STEM OPT list of degree falling under Science, Technology, Engineering and Mathematics

May 16 2016 - The new STEM OPT of 24 months came out on May 10 2016 but it has completely redefined STEM OPT including the degrees which fall under STEM itself.  Here is a list of the STEM OPT requirements as per the government. The STEM Designated Degree Program list is a complete list of fields of study that DHS considers to be science, technology, engineering or mathematics (STEM) fields of study for purposes of the 24-month STEM optional practical training extension described at 8 CFR 214.2 (f). Under 8 CFR 214.2(f)(10)(ii)(C)(2), a STEM field of study is a field of…Read More Breaking News

What is happening with the UNNJ students?

May 15 2016 - It has been almost  one and a half months since UNNJ was officially shut down and many of the students are either still struggling in custody, or to change status or stuck abroad. At this point in time we can only keep looking at the options which have been proposed although it is very sad to know that the entire incident was very unfair.  After contacting numerous organizations to help, our attempt has unfortunately so far been in vain. Some of them have not even answered, while others are totally confused…Read More Breaking News

Immigration Law Show – May 12 2016

May 12 2016 - The Shah Peerally Law Show today covered the main issue of STEM OPT with questions and answers from callers on the topic and other topics such as transfer of H1B with revoked I-140, AC 21 issues, H4 EAD and other interesting immigration questions.Read More Breaking News