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A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more
USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted...more
U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for Employment Authorization Documents (EADs) available to certain EAD renewal applicants....more
In December 2020, we reported on the pandemic’s adverse effects on United States Citizenship and Immigration Services (USCIS) and how the nearly four-month office closure of Application Support Centers (ASCs) and Field...more
With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more
A recent federal district court decision from the Middle District of North Carolina has blocked the U.S. Department of Homeland Security from enforcing its 2018 Memorandum on F, J, and M Nonimmigrant Unlawful Presence...more
International students at U.S. colleges and universities can feel a bit more secure now that a federal district court judge in North Carolina has permanently enjoined the government from enforcing its 2018 Policy Memorandum...more
A U.S. Citizenship and Immigration Services (USCIS) memorandum-issued policy is at the heart of a court case challenging recent H-1B visa denials. The “Contracts and Itineraries Requirements for H-1B Petitions Involving...more
A federal judge has blocked the Trump administration’s recent immigration policy barring individuals from seeking asylum if they entered the United States anywhere other than at an official port of entry. Judge Jon S. Tigar...more
This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more
On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more