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Immigration Law Blog

Tuesday, January 9, 2018

H-4 EAD in Jeopardy


Since May 2015, certain H- spouses of H-1B principals who have an approved I-140 have been able to apply for employment authorization pursuant to the Employment Authorization for Certain H-4 Dependent Spouses rule. This rule has since been under attack through a legal challenge in the Courts. We have recently learned through a review of the Trump Administration’s Fall 2017 Regulatory Agenda the DHS has tentatively scheduled the release of a proposed rule rescinding the H-4 EAD rule in February 2018.


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Tuesday, January 9, 2018

Entrepreneur Parole Rule as of December 14, 2017


On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would start accepting applications for parole under the International Entrepreneur Rule (IER) in compliance with National Venture Capital Association v.


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Tuesday, November 7, 2017

USCIS Unfairly Scrutinizes Entry Level H-1B Positions

USCIS has presented a number of hurdles to business immigration this year. A particular concerning trend is its stance that H-1B petitions for entry-level positions do not qualify for the classification and are not specialty occupation. We at MPLG have been aggressively fighting this issue as it is not consistent with the governing law and regulations. In this article we lay out a winning strategy to address these overzealous RFEs.


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Tuesday, November 7, 2017

USCIS Reverses Long-Standing Policy on H-1B Extensions

On October 23, 2017, USCIS rescinded its long-standing policy of deference in the adjudication of H-1B extensions with the same employer.
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Wednesday, October 4, 2017

The Insidious Attack on Business Immigration to the U.S.

Trump administration changes business immigration overnight and simultaneously circumvents the legislative process.
This administration’s assault on immigrants is an assault on the viability and strength of American business.

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Wednesday, October 4, 2017

Trump Administration and America Turns Its Back on the DREAMers

On September 5, 2017 President Trump announced that his administration will be ending the Deferred Action for Childhood Arrivals (DACA) program, effectively ending protection for the DREAMers he promised to support during his campaign and the early months of his Presidency.

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Wednesday, October 4, 2017

Latest Details on Employment Based Green Card Interviews: Will Field Officers Readjudicate?

On September 28, 2017, the USCIS Ombudsman’s explained how the new Employment Based Green Card Interviews would function. It’s unclear how the insistence on interviews will meet the stated goals of national security

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Wednesday, October 4, 2017

Travel Ban 3.0 – Who Can Come and Who Has Been Left Out.

On September 24, 2017, President Trump issued an order for new restrictions on travel. "Travel Ban 3.0" has been expanded to now include a total of 8 countries: Chad, Iran, Libya, Somalia, Syria, Yemen, North Korea, and Venezuela. 

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Tuesday, September 5, 2017

USCIS Expands In-Person Interview Requirements for Adjustment of Status Applications for Employment and Refugee/Asylee Relative Petitions

By Roujin Mozaffarimehr

On August 28, 2017, The USCIS announced that in-person interviews will now be required for applicants with adjustment of status applications based on employment (I-140 petitions), as well as Refugee/asylee relative petitions (I-730 petitions). This new requirement will be phased in at the beginning of the new fiscal year on October 1, 2017.

This new requirement is being implemented to comply with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States. The USCIS has confirmed in its


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Tuesday, September 5, 2017

The Department of State Revises the Foreign Affair Manual to Provide Consular Officers Guidance in light of Trump’s “Buy American and Hire American” Executive Order.

By Roujin Mozaffarimehr

As of August 2017, the Department of State (DOS) has updated its Foreign Affairs Manual (FAM), which details the policies and procedures by which Consular Officers are to follow in the issuance of visas at appointments abroad. These revisions have been made based upon President Trump’s April 2017 Executive Order (EO) 13788, “Buy American and Hire American.” This EO posits targeted directives with the goal of “ensure[ing] the integrity of the Immigration System in order to ‘Hire American.”

Prior to the FAM revisions and the April 2017 EO, the Immigration Bar and non-immigrant visa (NIV) holders traveling abroad have been gathering anecdotal evidence of rigorous adjudications at the consulate.


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Tuesday, September 5, 2017

Can A Quit Claim Deed Change Community Property to Separate Property?

By Sabi Mand, Esq. on September 6, 2017

 

What is Community Property in California?

California is a community property state. Community property is any property, asset or even debt accrued by the couple during the course of their marriage. Courts have held that the character of the property as separate or community is typically determined at the time of its acquisition.  However, one of the ways the parties can change the character of a property is with a quit claim deed, assuming several factors are met.


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