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USCIS

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 . . .


Friday, June 8, 2018

EAD-75 Day Mark for Service Requests No More

By: Roujin Mozaffarimehr

Breaking: USCIS will no longer accept I-765 service requests at the 75-day mark. As of June 1, 2018, the American Immigration Lawyers Association has confirmed that members have received numerous reports that the USCIS will no long accept calls for I-765 applications for employment authorization documents (EADs) at the 75-day mark unless the applications are outside of USCIS’s posted processing times. Previously, the USCIS was required by regulation to adjudicate EAD applications within 90 days. However, the regulatory timeframe was removed from the rules in January 2017. Since then, processing times have increased dramatically.


Read more . . .


Friday, June 8, 2018

USCIS Draft Policy Signals Massive Changes in Rules for International Students

By: Roujin Mozaffarimehr

The USCIS has changed its policy on accrued unlawful presence by nonimmigrant students and exchange visitors in F, J and M status (including dependents). On May 11, 2018, The USCIS issued a policy memorandum that will take effect on August 9, 2018, outlining the following changes in its ULP policies as they relate to F, J and M status holders:


Read more . . .


Tuesday, April 24, 2018

STEM OPT Under Siege for Third Party Placements

By Roujin Mozaffarimehr and Eddie Corona

Without any warning, USCIS has re-interpreted the STEM OPT Rule from 2016 to eliminate third party placements and product implementations at a client’s worksite. The current STEM OPT regulations at 8 CFR 214.2(f) do not have any explicit bars to employers placing their STEM OPT employees off-site.

While USCIS seems to have made this change on January 24, 2018, the effects of this change only now seem to be coming to light. This is most likely because this was not issued as a policy memorandum, but rather USCIS simply changed its website.


Read more . . .


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