United States Citizenship and Immigration Services

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
News & Analysis as of

Liberia, Guinea, Sierra Leone Designated for Temporary Protected Status

Due to the outbreak of Ebola virus disease in West Africa, Secretary of Homeland Security Jeh Johnson announced the designation of Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months,...more

Guidance for Employers Once Obama Issues Executive Order on Immigration

President Obama plans to announce an executive order regarding immigration reform tonight and sign the order in Las Vegas on Friday. The order is expected to protect approximately 5 million unauthorized immigrants from the...more

Recent Changes in US Immigration Processes and Technology

The Department of Homeland Security (DHS) has implemented changes recently that affect many individuals seeking to travel to the United States, US employers of H-1B and L-1 workers, and users of some USCIS services. This...more

Keeping Immigration Site Visits Civil and Focused

US Citizenship and Immigration Services (USCIS) empowers its Fraud Detection and National Security (FDNS) officers to make unannounced site visits to employers of H-1B and L-1 workers. The stated purpose of these site visits...more

H-1B Cap Case Filing Receipt Deadline Set For April 1, 2015: Retailers Should Start Planning Now for FY 2016

Retailers that utilize the H-1B visa for employees in their information technology, design, marketing, buying, and planning departments should start considering their FY 2016 immigration needs now that the H-1B cap filing...more

I-751 Applications Transferred from Vermont Service Center to California Service Center

U.S. Citizenship and Immigration Services (USCIS) reported that Forms I-751, Petitions to Remove the Conditions on Residence, filed with the Vermont Service Center have been transferred to the California Center. This was...more

USCIS Releases Interim Policy Memorandum Regarding T-6 Category

Last week, USCIS issued an interim policy memorandum (IPM) that provides guidance on legislation that would affect the T nonimmigrant status program and related T and U nonimmigrant adjustment of status applications....more

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for FY 2016 on April 1, 2015

The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2016 will begin on Wednesday, April 1, 2015. Cap-subject H-1B petitions will have an employment start date of...more

DHS Publishes Final Rule on Notices of Decisions and Documents Evidencing Lawful Status And Revises Forms G-28 & G-28I

On October 29, 2014, the Department of Homeland Security (DHS) published a final rule that amends it regulations governing when USCIS will issue correspondence, notices of decisions, and documents evidencing lawful status in...more

U.S. Immigration Policy Catches Up with Assisted Reproductive Technology

On October 28th, US Citizenship and Immigration Services (USCIS) issued a new policy, clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act, to include a gestational mother who (a) gave...more

More EB-5 Predictions

No one can really predict the future. But as analysts will tell you, we can learn a lot from the past and watching current trends. This is especially true when it comes to immigration, which is in a state of constant flux....more

USCIS Policy Alert on Effect of Assisted Reproductive Technology on Immigration and Citizenship

USCIS recently issued policy guidance, published in the USCIS Policy Manual and Adjudicator’s Field Manual, related to the use of Assisted Reproductive Technology (ART) and its effect on immigration petitions and derivative...more

USCIS Expands Definition of “Mother” and “Parent” Under the INA

The U.S. Citizenship & Immigration Services (“USCIS”) and the Department of State (“DOS”) have exercised their shared authority and collaborated in the development of a policy expanding the definitions of “mother” and...more

Haitian Family Reunification Parole Program Announced for 2015

On October 17, 2014, USCIS announced its intent to implement a Haitian Family Reunification Parole Program in early 2015. Last Wednesday, during a stakeholders teleconference, USCIS officials provided a broad overview...more

USCIS Publishes Updated EB-5 Processing Time Information

On October 24, 2014, USCIS released an updated EB-5 Processing Report reflecting average processing times for the Immigrant Investor Program Office as of August 31, 2014...more

Failure to file Form I-924A Can Lead to a Notice of Intent to Terminate

During the 2013 Fiscal Year, USCIS notified more than 50 EB-5 regional centers on its intent to terminate their designation for one of the two following reasons: (i) not filing the required Form I-924A, or (ii) failing to...more

Court: USCIS should consider ‘life experience’ for specialized knowledge L-1B visa

In holding that cultural traditions and life experience can be considered “specialized knowledge” for purposes of obtaining an L-1B intracompany transferee visa, a United States appeals court rejected the proposition that a...more

USCIS Launches New myE-Verify Service For Employees*

On October 6, 2014, U.S. Citizenship and Immigration Services (USCIS) released a new web-based compliance tool for employees called myE-Verify. The new website will serve as a companion tool to E-Verify, the free...more

DC Circuit Reverses Decision that Fogo de Chao Chef Lacks “Specialized Knowledge”

On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit held that it was reversible error for the U.S. Citizenship and Immigration Service ("USCIS"), an agency of the Department of...more

Immigration Corner: Time to Play the Lottery, New myE-Verify Website Provides Tools and an Education, Free Webinar on Form I-9 and...

Applications for the 2016 Diversity Visa Lottery are now being accepted and must be submitted electronically by noon, Eastern Standard Time, on Monday, November 3, 2014, to be considered. Each year, the United States...more

Supreme Court Will Hear Two Immigration Cases in 2015

The U.S. Supreme Court announced this month which cases it will hear in the coming year. Two of such cases are immigration cases that could have significant implications on immigration law depending on how they are ultimately...more

Department of State Releases November 2014 Visa Bulletin

Bulletin shows severe retrogression of cutoff date in EB-2 India category; meanwhile, the cutoff date in all other employment-based categories will advance. EB-3 China will once again move ahead of EB-2 China....more

What Happens If H-1B Worker Changes Work Location?

The H-1B visa is one of the most sought after work visas in the country. Employees sponsored to work in the U.S. on an H-1B work visa are allowed to work in the U.S. for a maximum of six years, but the term can be extended...more

EB-2 India Retrogresses Significantly in November

As predicted in the August/September 2014 issue of the Immigration eAuthority, the U.S. Department of State’s (DOS) Visa Bulletin for November 2014 indicates that the priority date for the employment-based second preference...more

Old E-Verify Data: Download it or Lose It

USCIS is giving participating employers the chance, in the final quarter of every calendar year starting now, to download for employers' storage E-Verify records older than 10 years before USCIS destroys those historical...more

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