Tag Archives: Immigration and Nationality Act

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

New Framework for Adjudicating National Interest Waivers

USCIS has established a new standard for adjudicating national interest waiver petitions by naming the Administration Appeals Office’s (AAO) Dec.27, 2016 decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), a precedent decision. This decision vacates Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998), which established … Continue Reading

EEOC Issues Guidance on National Origin Discrimination that Applies to Foreign National Employees

This week the Equal Employment Opportunity Commission (“EEOC”) released guidance regarding national origin discrimination under Title VII of the Civil Rights Act of 1964 (Title VII).  The guidance replaces Section 13 of the EEOC’s compliance manual, with a view toward further defining “national origin” and helping employers and employees understand their legal rights and responsibilities. … 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

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

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

DOJ Office of Special Counsel Files Lawsuit Against Indiana Egg Producer for Discriminatory Hiring Practices Related to Document Abuse and Electronic I-9 System

On June 19, the Department of Justice (DOJ) announced the filing of a lawsuit against Rose Acre Farms, Inc., an Indiana-based egg producer with more than 40 locations in six states, alleging that the company engaged in discriminatory practices against work-authorized non-citizens during the employment eligibility verification process by requiring newly hired non-U.S. citizens to present additional, specific, and/or different documents to verify their employment eligibility.… Continue Reading
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