USCIS to Expand Premium Processing

USCIS to Expand Premium Processing

On March 30, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a final rule to expand its Premium Processing Service to enable applicants to pay additional fees in return for faster processing times in certain immigration categories. The final rule will be effective 60 days after being published in the Federal Register. USCIS plans to …

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USCIS on Legal Immigration for Q4 of FY2021

USCIS on Legal Immigration for Q4 of FY2021

The Department of Homeland Security issued a report summarizing recent trends in legal immigration during the fourth quarter of Fiscal Year 2021. The quarterly report covers four immigration categories handled by U.S. Citizenship and Immigration Services: lawful permanent residents, refugee arrivals, naturalizations and nonimmigrant (I-94) admissions. The data indicates that while some immigration categories have …

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Court Orders USCIS to Issue an RFE to Certain Employment Based Applicants

Court Orders USCIS to Issue an RFE to Certain Employment Based Applicants

A federal judge ruled that U.S. Citizenship and Immigration Services (USCIS) should have sent a Request for Evidence (RFE) to an Indian executive beneficiary of an employment-based immigrant visa petition, in addition to the petitioning employer. The case involves a federal statute that allows a foreign national to switch jobs while their adjustment application remains pending. The …

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SDNY Decision First Enjoins USCIS From Enforcing New Public Charge Rules Nationwide; Second Circuit Limits Scope

SDNY Decision First Enjoins USCIS From Enforcing New Public Charge Rules Nationwide; Second Circuit Limits Scope

A New York federal court temporarily blocked U.S. Citizenship and Immigration Services (USCIS) from implementing rules regarding inadmissibility on public charge grounds amid the COVID-19 pandemic. Subsequently, the Second Circuit Court of Appeals limited the injunction only to states within the Second Circuit. On July 29, 2020, the U.S. District Court for the Southern District …

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USCIS Issues Proposed New H-1B Registration Rules

USCIS Issues Proposed New H-1B Registration Rules

U.S. Citizenship and Immigration Services (USCIS) has proposed a rule change that requires each H-1B petitioning employer to pay a $10 filing fee for every electronic registration submitted to the agency for each H-1B worker who is to be counted in the H-1B cap selection. H-1B petitioning employers whose foreign national beneficiary qualifies for the …

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Changes to USCIS Processing of Removing Conditions on Residence

Changes to USCIS Processing of Removing Conditions on Residence

The U.S. Citizenship and Immigration Services (USCIS) has published a policy memo that provides revised interview guidelines to immigration officers adjudicating Petitions to Remove Conditions on Residence. As background, certain family or investment based immigrants who have a condition attached to their permanent resident status must file a petition with USCIS within a 90 days …

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Can there be third party placements under STEM OPT?

Can there be third party placements under STEM OPT?

An April, 2018 update to the U.S. Citizenship and Immigration Services (USCIS) website has raised questions about third party placements of F-1 graduates under the STEM Optional Practical Training (OPT) program. The agency appears to place additional limits on STEM OPT employment by barring student workers from participating in placements at offsite locations. The USCIS …

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