U.S. Citizenship and Immigration Services (USCIS) plans to eliminate the 30-day timeframe for processing asylum applicants' employment authorization documents (EADs), effective August 21, 2020. USCIS said the 30-day timeframe was imposed by regulation more than 20...
Topic: Immigration Updates
Supreme Court Rules DHS Violated APA, DACA Stands (At Least for Now)
On June 18, 2020, the Supreme Court ruled that Elaine C. Duke, then-Acting Secretary of the Department of Homeland Security (DHS), violated the Administrative Procedure Act (APA) in 2017 when she rescinded the Deferred Action for Childhood Arrivals (DACA) program, in...
USCIS Issues New H-1B Policy Memo and Rescinds Two Earlier Memos Following Litigation
Following up on an agreement resulting from recent litigation, U.S. Citizenship & Immigration Services (USCIS) has issued a new memorandum and rescinded two policy memoranda regarding the adjudication of certain petitions for H-1B nonimmigrant classification:...
Miller Mayer’s Steve Yale-Loehr Quoted re New Proposed Asylum Restrictions
Miller Mayer immigration attorney Steve Yale-Loehr was quoted in several articles about new proposed asylum regulations. He said the new proposed rule was as if Trump administration officials had taken every precedential immigration appellate decision, executive...
State Dept. Opens DV-2021 Entrant Status Check
As of June 6, 2020, the Department of State's (DOS) Entrant Status Check for diversity visa (DV) 2021 applicants is open, postponed from May 5. DOS said the delayed opening "will not negatively impact our ability to pre-process and schedule DV-2021 interviews, which...
New Joint Proposed Rule Would ‘Streamline’ Asylum Adjudications
A new joint proposed rule would alter asylum adjudications by having the claims for asylum, withholding of removal, or protection under the Convention Against Torture (CAT) of those found to have a credible fear adjudicated by an immigration judge in "streamlined...
USCIS Rescinds Restrictive H-1B Policy Memo Following Litigation
U.S. Citizenship & Immigration Services (USCIS) recently entered into an agreement with ITServe Alliance, Inc., an information technology trade group, to overturn more than 200 H-1B denials. The move comes after a federal court ruled in March that USCIS policies...
OFLC to Migrate Website to New Domain
The Office of Foreign Labor Certification in the Department of Labor's Employment and Training Administration plans to migrate its website in mid-July following the July H-2B peak filing period. The changes will offer a new design and layout. Once the new website is...
Dept. of Transportation Allows Chinese Air Carriers to Enter United States Twice Weekly ‘In Aggregate’
The Department of Transportation (DOT) announced on June 5, 2020, that it will permit Chinese air carriers, as a whole, the right to operate two weekly passenger flights to the United States, effective immediately. DOT said it reversed its June 3, 2020, regulatory...
President Trump Likely to Restrict Certain Foreign Workers from the US
Rumors are flying that President Trump is likely to issue a proclamation sometime in the next few weeks restricting the entry of certain foreign national workers. At this time, it is unclear the extent of these restrictions and whether there will be exceptions that...
