Recent posts

  • Type: News
    Post date: Dec 3rd 2020
    Body:

    Published by : The Economic Times - Date: December 03, 2020  

    Quotes and Excerpts from Rajiv on the article:

    “As with all laws, it isn’t possible to predict what will happen next. The representatives of the two houses will have to resolve the differences and reconcile it, and only then will it be passed by both Houses. After that it goes to the President, and hopefully this will occur during the new administration when it might be easier to get it passed,” said Rajiv S Khanna, managing attorney at immigration.com. 

    For more details please see the attachment below.

  • Type: News
    Post date: Dec 2nd 2020
    Body:

    Published by : Times of India - Date: December 02, 2020  

    Quotes and Excerpts from Rajiv on the article:

    “The court invalidated both sets of the rules on procedural grounds, but the decision has strong undertones of disapproval on the merits as well,” Rajiv S Khanna, managing attorney at Immigration.com told TOI. “The court noted that the department of labour had known since 2017 they wanted to make changes in the wage structure. There was no reason for them to hasten the implementation without giving the public a chance to participate – known as the notice and comment period.”

    “The DHS regulations were invalidated on similar grounds. In a footnote the court pointed out that the definition of specialty occupation had remained unchanged since the year 1991. That is a reference to a principle of administrative law that requires an agency to articulate in detail if they change their position on a long-held opinion. There are several other such indications that the court disapproved the regulations on the merits as well. What that means is that if these regulations were ever promulgated again, they could still be challenged and invalidated,” explained Khanna.

    Khanna is of the view that from the beginning, it was pretty clear that these regulations could not survive judicial scrutiny. The actions appear to have been motivated by the desire to pander to anti-immigration voters’ opinion and politics, rather than policy.

    For more details please see the attachment below.

  • Type: News
    Post date: Dec 1st 2020
    Body:

    USCIS recently updated the following USCIS form(s):

    11/10/2020 04:15 PM EST
     
    11/10/20. USCIS will also accept the 08/05/15 edition. You can find the edition date at the bottom of the page on the form and instructions.
     
    11/10/2020 02:26 PM EST
    USCIS will also accept the 07/17/15 edition. You can find the edition date at the bottom of the page on the form and instructions.
    For more information, please visit Forms Updates page.
  • Type: News
    Post date: Dec 1st 2020
    Body:

    USCIS has issued a policy memorandum (PDF, 277.32 KB) directing the phased expansion of in-person interviews for petitioners filing Form I-730, Refugee/Asylee Relative Petition. These additional interviews will provide an opportunity to evaluate a petitioner’s credibility, supporting our mission to detect and prevent fraud and risks of harm to the United States and ensure the integrity of the immigration system. Eligibility requirements for Form I-730 benefits remain the same.

    USCIS has historically required interviews of all Form I-730 beneficiaries residing outside the United States, and in 2018 we began requiring interviews for beneficiaries in the United States. However, until now we have only interviewed petitioners on a case-by-case basis when we could not resolve eligibility concerns by interviewing the beneficiary alone. The expansion of in-person interviews will provide an additional layer of screening to ensure the bona fides of the familial relationship.

    USCIS will implement the expansion of in-person petitioner interviews in phases, depending on whether the petitioners and beneficiaries are located inside or outside the United States. USCIS will provide advance public notice before each phase is implemented. The first phase will affect petitioners and beneficiaries who are both located in the United States.

    USCIS has regulatory authority to require an interview for any applicant, petitioner, sponsor or other individual in connection with an application or petition for immigration benefits. In 2017, we began to expand in-person interviews for all aliens requesting immigration benefits that would provide permanent resident status, nonimmigrant status or work authorization for an extended period.

    An alien who has been admitted to the United States as a principal refugee or has been granted asylum as a principal asylee may file a Form I-730 petition on behalf of a spouse or child. Eligible spouses or unmarried children may receive asylee or refugee status as Form I-730 beneficiaries. Form I-730 beneficiaries do not have to qualify independently as asylees or refugees; they derive that status by virtue of their relationship to the petitioner.

    Last Reviewed/Updated:
    11/30/2020
  • Type: Guestbook Entry
    Post date: Nov 30th 2020
    Body: