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USCIS-General

Global Immigration Partners > USCIS-General

H-1B CAP for FY2021

On February 6, 2020, the USCIS conducted a webinar for employers planning to register their hopeful candidates for the H-1B lottery this year.  USCIS showed screenshots of the employer registration process and responded to some questions from the public.The registration window will open at noon, Eastern, on March 1 and close at noon, Eastern, on March 20, 2020.  USCIS committed to notifying registering companies and their attorneys by March 31, 2020 of the results of the lottery and selection process.  They also confirmed that the filing window for selected candidates will open on April 1, and remain open for 90...

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US District Court Permanently Enjoins F-1 Unlawful Presence Memo

By Richard A Harding

A US District Court has invalidated a controversial USCIS policy shift.

In 2018, USCIS published a policy memorandum regarding when students and exchange visitors would begin to accrue unlawful presence.  Under that memorandum, students who violated their F-1, J-1, or M-1 status in any way would immediately be considered to be unlawfully present in the United States, even without a formal decision by a USCIS or other federal official.  This raised concerns among immigration practitioners, students, educators, and others about the effects this could have on students who unknowingly committed minor or technical violations of their status and thereby began accruing enough unlawful presence to trigger the 3- or 10-year bars.

These concerns drove several universities and associations to file a lawsuit in US District Court in 2018 (Guildford College v. Wolf, 18-CV891, N.D.N.C.) seeking a preliminary and ultimately a permanent injunction to prevent USCIS from enforcing that memorandum.  The Court granted a preliminary injunction in May 2019 to stop USCIS from enforcing the memorandum pending conclusion of the case.  Yesterday, after hearing arguments from the United States and the plaintiffs, the Court ordered the imposition of a permanent injunction against enforcement of the memorandum. 

USCIS is raising fees, effective December 23, 2016

The new fees will apply to all petitions and applications physically received on or after Friday, December 23, 2016.  The following is a partial list of the new fees by form type:I–90  Application to Replace Permanent Resident Card  $455I–102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document. $445I–129 Petition for a Nonimmigrant Worker $460I–129F Petition for Alien Fiance´(e) $535I–130 Petition for Alien Relative $535I–131 Application for Travel Document $575I–140 Immigrant Petition for Alien Worker $700I–290B Notice of Appeal or Motion $675I–485 Application to Register Permanent Residence or Adjust Status $1,140I–765  Application for Employment Authorization $410I–824 Application for Action on an Approved Application...

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DHS Proposes New Rule for Entrepreneurs

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is proposing a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States.Read the advance version of the notice of proposed rulemaking: International Entrepreneur Rule. Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment. To submit comments, follow the instructions in the notice.“America’s economy has long benefitted from the contributions of immigrant entrepreneurs,...

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