On September 5, 2017, the Trump Administration rescinded the Deferred Action for Childhood Arrivals (DACA) program. On September 8, 2017, the University of California filed a complaint challenging the rescission of the DACA program and asking the court to enjoin the implementation of the rescission. On January 9, 2018, the district court issued an order directing the government to partially maintain the DACA program. This practice alert summarizes the provisional relief provided by the

In the United Kingdom, a “caution” may be issued to an offender by police as an expeditious way of dealing with minor offenses that do not require court intervention. As no court is involved and there is no deprivation of liberty or property, cautions have historically not been treated as convictions or as “admissions” for U.S. immigration law purposes. That has now changed.

Those interested in applying for parole under the International Entrepreneur Rule (IER) should take note that the instructions to Form I-941, Application for Entrepreneur Parole, contain requirements that are different from the requirements contained in the final rule published in January 2017. Specifically:

• The instructions require a 15% ownership stake in the start-up entity; 10% for extensions and amendments. (The January 2017 final rule only requires 10% ownership for the initial

TPS Nicaragua Ending in January 2019
WASHINGTON— Current beneficiaries of Temporary Protected Status (TPS) under Nicaragua’s designation who want to maintain that status through the program’s termination date of Jan. 5, 2019, must re-register between Dec. 15, 2017 and Feb. 13, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in the Federal Register and on www.uscis.gov/tps.

All applicants must submit Form I-821, Application

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision.

Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018. This delay rule was meant

WASHINGTON —U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of

Clients have encountered visa processing delays at consular posts around the world, which are being caused by technical glitches in the visa processing system. The AILA DOS Liaison Committee raised this issue with the Department of State Visa Office, and the Visa Office confirmed that the Bureau of Consular Affairs is in the process of resolving these technical problems with the visa processing systems. They noted that some progress has already been made, but processing has not been fully

On December 4, 2017, the U.S. Supreme Court issued two orders staying the preliminary injunctions issued against President Trump’s September 24, 2017 Presidential Proclamation by the U.S. District Court for the District of Hawaii in the case Hawaii v. Trump and by the U.S. District Court for the District of Maryland in the case IRAP v. Trump, pending the disposition of the administration’s appeals of these District Court rulings to the U.S. Court of the Appeals for the Ninth Circuit and Fourth

As the Trump administration looks to curtail the ability of foreigners to live and work in the United States, many of the changes are happening through executive orders and policy memos, not legislation.

The latest shift affects holders of the H-1B visa favored by tech companies, as well as other work visas, who are seeking to extend their stays.

Under a new U.S. Citizenship and Immigration Services policy issued Monday, foreigners applying for a visa extension will no longer be given

Elections have consequences. But when it comes to federal agencies, the Administrative Procedure Act shapes the contours of those consequences. This case involves the Department of Homeland Security’s decision to delay the implementation of an Obama-era immigration rule, the International Entrepreneur Rule, 82 Fed. Reg. 5,238 (Jan. 17, 2017). The Rule would have allowed certain foreign entrepreneurs to obtain immigration “parole” — that is, to temporarily enter the United States despite lacking

USCIS issued a policy memo with guidance on the implementation of the AAO adopted decision in Matter of V-S-G- Inc. USCIS will now inform the beneficiary of petitions in certain circumstances including when a notice of intent to revoke is issued. Guidance is effective immediately, and supersedes any existing guidance on this issue.

On November 11, 2017, USCIS adopted as a matter of policy the AAO’s decision in Matter of V-S-G- Inc., which held that beneficiaries who have properly ported

AILA’s DOS Liaison Committee is seeking examples of clients that been asked to complete Form DS-5535, Supplemental Questions for Visa Applicants. AILA is gathering data to evaluate which visa applicants have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibilities.

The Department proposes requesting the following information, if not already included in an application, from a subset of visa applicants worldwide, in

Where does the Attorney sit?

Adjudicators USCIS Field Manual: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1.html

15.2 Interview Environment.

(a) Adjudications Environment

It is essential that the person being interviewed appreciate the importance and seriousness of the proceedings. To ensure this, the setting in which the interview takes place must be orderly and official in appearance. Desktops should be uncluttered and files should be housed in cabinets. Flags, USCIS and

Is it permissible to enroll in school while in B-1/B-2 status?
No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit a course of study in the United States while in B-1 or B-2 status.
Before enrolling in a course of study, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status. Enrolling in a course of study while in B-1/B-2 status will result in a status violation. Individuals in B-1 or B-2 status, who

On July 11, 2017, the Trump Administration announced that it would delay implementation of the "International Entrepreneur Rule," a final rule that was set to go into effect on July 17, 2017. The International Entrepreneur Rule would have provided temporary parole status to entrepreneurs who could demonstrate that their parole would provide a significant public benefit in the form of economic growth and the creation of U.S. jobs.

AILA is seeking examples of individuals who have taken steps to

WASHINGTON — Under updated policy guidance, U.S. Citizenship and Immigration Services (USCIS) is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. The guidance applies to nearly all nonimmigrant classifications filed using Form I-129, Petition for a Nonimmigrant Worker.

“USCIS officers are at the front lines of the administration’s efforts to enhance the integrity of the immigration system,”

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree.

H-1B visas provide skilled workers for a wide range of specialty occupations, including information technology

In the wake of two hurricanes that have brought massive flooding to Texas, Louisiana and Florida, many foreign nationals are reporting that their passports and visas have been water-damaged. Clients with water-damaged documents should be advised to replace them prior to traveling internationally (if possible) or ensuring that they allow time to apply for a new visa or passport abroad before attempting to return to the United States. The ink that is used in the documents does not hold up to

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Irma.

The following measures may be available on a case-by-case basis upon request:

• Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances