Release Date 09/30/2020
WASHINGTON-U.S. Citizenship and Immigration Services Deputy Director of Policy Joseph Edlow issued the following statement in response to the U.S. District Court for the Northern District of California issuing a nationwide preliminary injunction enjoining fee increases for citizenship and other immigration benefits.
Published by : The Economic Times - Date: October 01, 2020
Quotes and Excerpts from Rajiv on the article:
“While the inclusions are welcome, the guarantee is not for a final approval or denial but their decision making the first time around,” said Rajiv S Khanna, managing attorney at immigration.com. “They often send back a request for evidence and after we respond, they have another 30 days to respond,” he said.
Release Date 10/01/2020
Proposal enforces long-standing law and protects American taxpayers
On Sept. 29, 2020, the U.S. District Court for the Northern District of California, in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule.
While the rule is preliminarily enjoined, USCIS will continue to:
Published by : The Economic Times - Date: October 02, 2020
Quotes and Excerpts from Rajiv on the article:
“The reasoning behind the preliminary injunction is sound. The court found that the President was trying to change immigration law from the White House, over obeying the law as it is written by the legislature,” said Rajiv S Khanna, managing attorney at immigration.com.
Release Date 10/02/2020
On Oct. 2, USCIS issued policy guidance in the USCIS Policy Manual to address inadmissibility based on membership in or affiliation with the Communist Party or any other totalitarian party. Membership in or affiliation with the Communist Party or any other totalitarian party is inconsistent and incompatible with the Naturalization Oath of Allegiance to the United States of America, which includes pledging to “support and defend the Constitution and laws of the United States.”
FAQs: Green card and other options for parents of US citizens || H-1B converting to H-4 and back to H-1B issues and options || H-1B and compelling circumstances EAD || How many years can I wait to file I-485 after priority date becomes current
OTHER: Two green cards processed simultaneously || Cap exempt H-1B || Impact of pay cut on H-1B and green card || Impact on priority of withdrawn I-140 || Travel to the USA during Covid-19 times || I-944 || School fee reimbursement from employer || Filing extension and change of status at the same time, etc.
Release Date 10/06/2020
USCIS issued policy guidance in the USCIS Policy Manual clarifying whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). INA 245(a) requires an alien to have been inspected and admitted or inspected and paroled into the United States, unless exempt from this requirement.
Published by : The Economic Times - Date: October 14, 2020
By Rajiv Khanna
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | April 2020 |
| Audit Review | December 2019 |
| Reconsideration Request to the CO | June 2020 |
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 37.89% | 1842 | |
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 100% | 7 |
| I-129E2 | CNMI Treaty Investor | 75% | 4 |
| I-129F | Petition for Fiancée | 81.82% | 11 |
| I-129H1B | Nonimmigrant Specialty Occupation Worker |
USCIS recently updated the following USCIS form(s):
USCIS recently updated the following form:
Number 47
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Published by : The Times of India - Date: October 29, 2020
Quotes and Excerpts from Rajiv on the article:
“USCIS is proposing changes in the H-1B selection process so that the H-1B quota selection is made from the highest wage down. This looks more like an election stunt than regulations that are properly thought out,” Rajiv S. Khanna, Arlington based, 1/3 managing attorney at Immigration.com told TOI.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
WASHINGTON — The Student and Exchange Visitor Program (SEVP) deployed 14 additional field representatives to territories across the country this week. The field representatives serve as liaisons between the nearly 9,000 U.S. schools that enroll international students and SEVP. The program, housed within U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), certifies schools to enroll international students and protects national security by overseeing those students for compliance with U.S. laws.
WASHINGTON— Due to the outbreak of Ebola virus disease in West Africa, Secretary of Homeland Security Jeh Johnson has announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months. As a result, eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).
The following topics were discussed in today's community conference call. The video is attached below. Discussed: Abandonment of Green Card, OPT to H-1 change delay, immigration consequences of criminal conviction for misdemeanor (petty offense exception), N-470 to maintain residence, EB-2 filing, Investing in stocks while on H-1, delays and difficulty in entering the USA -- TRIP, H-4 visa stamping, getting married to a US Citizen while on H-1, marriage certificate, immigration reform, CSPA, Cross chargeability, Unpaid leave on H-1, H-1 visa stamping, NOIR for multiple H-1 filing through related companies, frequency of visits on B visa, employment verification letters in PERM.
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.