Answer If the correct filing fee(s) are not included with an application or petition, the USCIS typically will reject the filing and return the entire package to the applicant or petitioner. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer Even though this is out of their control, if they do not leave the U.S. or apply for an extension of status prior to the expiration date on their I-94s, they will fall out of status and begin to accrue unlawful presence. There have not...
Answer The executive order does not immediately impact H1B workers who are working on federal contracts. However, action may be taken in the future that will force such H1B workers off of these projects.Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
On July 22, 2020 a group of foreign nationals filed a class action lawsuit against the U.S. Citizenship and Immigration Services (USCIS) based on delays in the issuance of employment authorization documents (EADs) following the approval of applications for employment authorization (form I-765). On August...
Today, President Trump signed an executive order that directs federal agencies to use U.S. workers, not foreign nationals, to fill federal government contractor positions. The order also directs the U.S. Department of Labor (DOL) to finalize guidance that prevents employers from moving H1B workers to...
On July 31, 2020, USCIS posted a clarification to the July 29, 2020 ruling by the New York U.S. District Court blocking the Trump Administration’s public charge rule during the COVID-19 pandemic. The USCIS has now confirmed that it will not apply the public benefit...
Today, the U.S. Department of Homeland Security (DHS) has announced that it will "adjust USCIS fees by a weighted average increase of 20 percent to help recover its operational costs." The final rule is expected to be published in the Federal Register on August 3,...
On July 29, 2020, U.S. District Judge George Daniels issued an decision temporarily blocking the public charge rule during the COVID-19 pandemic. Earlier this year, the U.S. Supreme Court allowed the government to proceed with applying the public charge rule until all the legal challenges...
The U.S. Citizenship and Immigration Services (USCIS) "policy manual" was recently updated to consolidate guidance related to applying discretion in USCIS adjudications. As noted in the corresponding policy alert, "[f]or many immigration benefits, such as certain applications for lawful permanent residence and employment authorization documents,...
The U.S. Department of Homeland Security (DHS) announced this afternoon that it will reject all initial DACA and advance parole applications either already pending or future initial requests, and shorten new renewals to one-year validity period, instead of the two-year period. DHS issued a Memorandum...
