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Business Immigration

Tuesday, July 17, 2018

H-1B CAP Travel and Stamping Advisory


By Roujin Mozaffarimehr 

  


As H-1B Cap approvals start to trickle in, it is important for Petitioners and Beneficiaries to plan for the anticipated 10/1 start date. The following advisory is specifically for H-1B Cap cases that have been prepared for consular processing.

H-1B Approvals for Consular Processing

Once a Beneficiary’s case is approved, the next step is visa stamping at a local consulate in the Beneficiary’s home country.

We strongly advise Beneficiaries to promptly schedule a visa appointment with their local consulate after the receipt of an H-1B approval. This ensures that the Beneficiaries enter as close to the start date indicated on the form I-129 and approval notice.
Read more . . .


Tuesday, July 17, 2018

USCIS Issues Updated Policy Memorandum Giving Officers Full Discretion to Deny Cases Without RFE or NOID


By Roujin Mozaffarimehr 

On Friday, July 13, 2018, the USCIS announced its rescission of the long-standing policy memorandum (PM), “Requests for Evidence and Notices of Intent to Deny” (2013 PM) which detailed the parameters surrounding an officer’s discretion to deny applications, petitions, or requests without the issuance of an RFE.[1] In its place, the USCIS has issued the Policy Memorandum, “Issuance of Certain RFEs and NOIDs; Revision to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.
Read more . . .


Tuesday, July 17, 2018

USCIS Issues New Policy Memorandum Requiring the Issuance of NTAs Following Certain Case Denials


By Roujin Mozaffarimehr 

Although the immigration court backlog has exceeded 700,000 cases as of May 2018[1], on June 28, 2018, the USCIS issued a guidance regarding Notices to Appear (NTAs), the charging document issued by DHS that schedules a foreign national for removal proceedings in immigration court.

Under the Service’s new policy, NTAs are to be issued for a wider range of cases, including cases where:

  • There is evidence of fraud;
  • There is evidence of criminal activity;
  • An applicant is denied an immigration benefit and is unlawfully present in the United States.

    See DHS Policy Memo, PM-602-0050.1.
    Read more . . .


Tuesday, January 9, 2018

Trump Administration Backs Down After H-1B New Years’ Eve Scare.

On December 30, 2017, the McClatchy DC Bureau reported that the Trump Administration was seeking to restrict H-1B visa extensions beyond the six-year limitation through a re-interpretation of the AC21 rules. After an apparent realization that such a move was ill-conceived, subject to strong reactions from the business community, and would be hung up in court, on January 8, 2018, USCIS stated that it was not considering such a regulatory change and denied that it ever was.
Read more . . .


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.


Read more . . .


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.


Read more . . .


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.


Read more . . .


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.
Read more . . .


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.

Read more . . .


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

Read more . . .


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