Keeping you informed on the latest immigration news.
Temporary Workers Allocation Could Favor Advanced Degree Candidates by April 2019
H-1B visas for temporary workers in specialty occupations may undergo policy and procedural changes if a new USCIS draft regulation is takes effect. In addition to proposing mandatory pre-registration for the H-1B lottery, the draft suggests new ranking measures that...
Tentative Nonconfirmations on E-Verify Are Not Grounds for Firing a Worker
A recent memo released by E-Verify reminds employers that Temporary Nonconfirmation (TNC) status does not compel or allow employee release or other employment interruption. A Final Nonconfirmation status assessed by the Social Security Administration (SSA) or...
Colleges Sue to Challenge Trump Administration’s Backdated Unlawful Presence Clock
Five colleges have sued U.S. Citizenship and Immigration Services (USCIS), challenging a new policy that changes the terms of “unlawful presence” for nonimmigrant foreign students. The complaint, filed in late October in U.S. District Court, states that this policy is...
Miller Mayer’s Steve Yale-Loehr Quoted Regarding EB-5 Immigrant Investor Green Cards
Miller Mayer immigration attorney Steve Yale-Loehr was quoted by the Voice of America in "International Students Can Use U.S. Investor Visa to Gain Green Card." "I would think several hundred students" get an EB-5 visa each year, he said. "But nobody knows for sure....
Miller Mayer’s Hilary Fraser Obtains Extraordinary Ability Green Card for Chinese Architect
A young and celebrated architect from China earned an EB-1A green card approval with the help of Miller Mayer immigration attorney Hilary Fraser. Although the architect had no evidence of achievements outside of China, we painstakingly curated evidence of his...
U.S. Approves Nonimmigrant Investor Treaty with New Zealand to Allow Reciprocal Entry
The Knowledgeable Innovators and Worthy Investors (KIWI) Act was signed into law by President Trump on August 1. This will grant certain New Zealand citizens nonimmigrant status to enter into the United States as traders and investors as long as reciprocal treatment...
Same-Sex Couples Must Now Be Wed to Obtain Derivative Spouse Visas
Visa applications for same-sex marriages will now be decided in the same manner as opposite-gender spouses. According to a Dept. of State FAQ, as of October 1, only a relationship deemed lawful where the marriage occurred will establish spouse eligibility for a...
Federal Judge Temporarily Blocks Termination of TPS for Sudan, El Salvador, Haiti, Nicaragua
U.S. federal Judge Edward Chen issued a preliminary injunction on October 3, 2018, temporarily blocking the Trump administration from terminating temporary protected status (TPS) for Sudan, El Salvador, Haiti, and Nicaragua while a legal challenge continues. The judge...
Tardy Temporary Labor Approvals May Harm U.S. Businesses, DOL Finds
Construction, housekeeping, forestry, landscaping, amusement park entertainment, shrimp, crab, meat, and poultry industries may all have been adversely affected by inefficient processing of temporary nonimmigrant worker applications, according to a recent Department...
New USCIS Removal Policy in Effect for Some Denied Petitioners
Foreign nationals whose applications have been denied may now receive a Notice to Appear in immigration court if they remain in the United States. A new U.S. Citizenship and Immigration Services (USCIS) Notice to Appear (NTA) policy took effect on October 1. Permanent...
