Category Archives: Immigration and Nationality Act

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USCIS Adopts Policy Clarifying Eligibility Criteria for U.S. Master’s Degree H-1B Cap

On May 23, 2017, the U.S. Citizenship and Immigration Services (USCIS) adopted as official policy the Administrative Appeals Office’s (AAO’s) decision in Matter of A-T-Inc. Specifically, USCIS announced that to be eligible for the H-1B U.S. master’s cap, an individual must have earned a U.S. master’s degree from a school that qualified as a “U.S. … Continue Reading

U.S. Department of Justice Issues Final Rule for Enforcing Anti-Discrimination Provisions of the Immigration and Nationality Act

This week the U.S Department of Justice’s Civil Rights Division (DOJ) released a final rule implementing the anti-discrimination provisions of the Immigration and Nationality Act (INA) found at 8 U.S.C. 1324(b).  These INA provisions were originally enacted to ensure the rights of foreign nationals working for covered employers and have resulted in regulations still in … Continue Reading

DHS Expands and Extends Employment Authorization and Suspension of Certain Conditions for Eligible F-1 Students with Syrian Citizenship

On Sept. 9, 2016, the U.S. Department of Homeland Security (DHS) extended the suspension of certain requirements for F-1 students with Syrian citizenship who can demonstrate severe economic hardship resulting from Syria’s continuing civil unrest.  The notice also extends the effective date of the previously announced authorization period through March 31, 2018 and expands the … Continue Reading

Open for Comments: Draft Form I-765V, EAD Application for Abused Nonimmigrant Spouses

On May 27, USCIS posted for comment on the Federal Register draft versions of Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse and its instructions. Under section 106 of the Immigration and Nationality Act, abused spouses of certain nonimmigrants are eligible for employment authorization: i.e., the spouses of foreign nationals in the following … Continue Reading

House Judiciary Committee to Consider Visa Integrity and Security Act of 2016

Today, the House Judiciary Committee will consider H.R.5203, the Visa Integrity and Security Act of 2016.  The bill is authored by Representative Randy Forbes of Virginia. The bill’s purpose is to enhance security procedures for the processing of both immigrant and nonimmigrant visas.  We provide a sectional summary of the bill below. Section 2 of … Continue Reading

Review of April 2016 Stakeholders’ Call on Proposed Revisions to Forms I-485 & I-485 Supplement A

On April 26, 2016, USCIS held a stakeholder teleconference on the revised Forms I-485 (Application to Register Permanent Residence or Adjust Status) and I-485 Supplement A (which should be filed as a supplement by applicants seeking to adjust status under the provisions of the Immigration and Nationality Act, section 245(i)). On March 31, 2016, USCIS … Continue Reading

Secretary of State Maintains Designation of Al-Qa’ida in the Arabian Peninsula as a Foreign Terrorist Organization

On March 2, 2016, the Department of State published a notice in the Federal Register that the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, had determined that the designation of Al-Qa’ida in the Arabian Peninsula as a Foreign Terrorist Organization “shall be maintained.” Section 219 of the Immigration … Continue Reading

Congress Weighing Changes to the Visa Waiver Program

The recent tragic events in Paris, France have moved Congress and the Administration to seriously consider changes to the Visa Waiver Program (VWP). The VWP permits citizens of 38 countries to apply for entry to the United States as a visitor, without first obtaining a visa. On Dec. 8, 2015, the House of Representatives passed … Continue Reading

Office of Special Counsel Settlement Re Immigrant Discrimination

Recently, the Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (‘OSC’) entered into a settlement agreement with a landscaping company following allegations of immigrant discrimination.  The DOJ lawsuit against the company concerned corporate practices requiring Lawful Permanent Residents (green card holders) to produce their green cards in order to prove their work … Continue Reading
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