Answer The "merit-based system" discussed by the Trump Administration was merely a proposal. There is not even an active bill in Congress to effectuate such a change, so any speculation on the requirements is premature at this point. And, chances of such a bill being signed...
Answer It is quite likely that this Order will be challenged in Court. Section 212(f) of the Immigration and Nationality Act gives the President the ability to restrict "entry" of foreign nationals into the U.S. The President's powers and its limits under the law are not...
The employment-based, fifth preference (EB5) category returns to being current in the July 2020 Visa Bulletin. This is the first time in a year that EB5 India has not required a final action cutoff date in the monthly visa bulletin. Still, it is important to...
UPDATE: 22 Jun 2020 at 6:27 p.m. The text of President Trump's executive order has now been released. Per the order, the following new restrictions are being implemented:The executive order applies to foreign nationals who seek to enter the United States in H1B, H-4, H2B,...
On Saturday, President Trump told Fox News that he is "going to be announcing something tomorrow or the next day on visas." No details have been provided, but National Public Radio (NPR) reported restrictions are being considered for the H1B and L-1 visa categories. It...
Per the settlement agreement between the U.S. Citizenship and Immigration Services (USCIS) and IT Serve Alliance, the USCIS has now officially rescinded the 2018 Contract and Itinerary Memorandum and the 2010 Determining Employer-Employee Relationship memo. Per the rescission notice, the USCIS shall no longer apply...
This morning, the U.S. Supreme Court held that the Trump Administration's attempt to end the Deferred Action for Childhood Arrivals (DACA) was "arbitrary and capricious," and therefore invalid under the Administrative Procedures Act (APA). DACA is a program that was created by the Obama Administration...
Answer The visa "stamp" in the passport is only an entry document - it is presented to customs at the airport to seek admission to the U.S. The end date on the stamp has nothing to do with one's authorization to remain in the USA. That...
Answer U.S. citizens normally can apply for their parents' "green cards" if they are physically present in the U.S. and have been legally admitted. This is done by filing an application for adjustment of status. The rules from the Trump administration, thus far, have had no...
Answer This situation actually occurs frequently. One can file the N-400 application for naturalization (i.e., citizenship) while the I-751 is still pending. However, the N-400 cannot be approved until the I-751 has been approved. Occasionally, USCIS officers will have both files, and conduct interviews for both...
