Tag Archives: Greenberg Traurig

USCIS Issues Two New Policy Memoranda on Notices to Appear and Denials in Lieu of RFEs and NOIDs – What This Means for You

On June 28, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum titled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.” Later, on July 13, 2018, the USCIS issued a Policy Memorandum titled “Issuance of Certain RFEs and NOIDs.” … Continue Reading

U.S. Supreme Court Upholds President Trump’s Proclamation on the Travel Ban

The U.S. Supreme Court, on June 26, 2018, upheld President Trump’s Proclamation on the Travel Ban in Trump v. Hawaii. As previously blogged, the Proclamation was issued by President Trump on Sept. 24, 2018. It was then blocked by the District Court, after which the Ninth Circuit partially stayed, and on Dec. 4, 2017, the … Continue Reading

U.S. House of Representatives Debates U.S. Immigration Policy

On Thursday, the U.S. House of Representatives began debate on two immigration bills aiming to enhance border and interior enforcement of immigration law, among other matters. The two bills were the result of House Republican Majority discussion on approaches to effectively address the Administration’s call to secure America’s borders and provide for Deferred Action Childhood … Continue Reading

President Trump Signs Executive Order Addressing Family Separation

On June 20, 2018, President Donald Trump signed an Executive Order (EO) titled “Affording Congress an Opportunity to Address Family Separation.” The stated purpose of this EO is to confirm the policy of the Administration with regard to immigration and entry of persons at the border.  The text of the EO restates the policy stance … Continue Reading

Designation of Honduras for TPS Terminated

As we previously reported, in January 2018 the Department of Homeland Security (DHS) automatically extended Temporary Protected Status (TPS) for nationals of Honduras for six months through an automatic extension, given that DHS did not make a decision regarding Honduras’s designation which was set to expire.  At the time, Honduras’s TPS designation was automatically extended … Continue Reading

USCIS Announces Termination of TPS for Nepal; Continues Trend with Other TPS Nations

On April 26, 2018, Secretary of Homeland Security Kirstjen M. Nielsen announced, after reviewing country conditions and consulting with various U.S. government agencies, that the grounds for Nepal’s TPS designation on the basis of an environmental disaster are no longer met and as such, termination of the designation is required by statute. As a result, … Continue Reading

USCIS Issues Policy Alert on Revising Policy Manual Regarding Tenant-Occupancy Methodology

USCIS issued a policy alert on May 16, 2018, to announce that it will revise its policy guidance in the USCIS Policy Manual.  The changes will be effective as of May 15, 2018.  The policy guidance reverses the previous stance on the tenant occupancy economic methodology.  The new policy guidance does not consider the tenant-occupancy … Continue Reading

USCIS Completes the H-1B Cap Random Selection Process for FY 2019

USCIS has announced that it received 190,098 H-1B petitions during the filing period for FY2019, which began on April 2, 2018, including petitions filed for the advanced degree exemption.  This year’s number of petitions is lower than the 199,000 H-1B petitions filed in FY2018.  Per the regulations, on April 11, USCIS conducted its random lottery … Continue Reading

FY2019 H-1B Cap Met

USCIS announced today, April 6, 2018, that the FY 2019 H-1B cap is now closed because it has received a sufficient number of H‐1B petitions to reach the 65,000 statutory cap as well as the 20,000 advanced degree exemption. The announcement did not provide details about the total number of H-1B petitions filed.  USCIS will … Continue Reading

DOS Proposes Rule Requiring Review of Social Media for U.S. Immigrant and Non-Immigrant Visa Applicants

The Department of State (DOS) has noticed for public comment an Information Collection Review – Electronic Application for Immigrant Visa and Alien Registration  that would require immigrants coming to the United States to submit five years of social media history. This effort is viewed by many as a component of “enhanced vetting” on behalf of the … Continue Reading

Under New H-1B Rule Interpretation, You May be More Closely Related than You Think

On March 23, 2018, USCIS significantly changed its interpretation of the H-1B rules by issuing a policy memorandum adopting the Administrative Appeals Office (AAO) decision Matter of S- Inc.  The issue addressed in Matter of S- Inc. is the meaning of the term “related entities” in cases where multiple employers file cap-subject H-1B petitions for … Continue Reading

Temporary Suspension of Premium Processing for FY2019 H-1B Cap Cases

The United States Citizenship and Immigration Service (USCIS) announced a temporary suspension of premium processing for 2019 Fiscal Year H-1B cap-subject petitions, including those cases seeking exemption on the basis of the beneficiary having obtained a U.S. masters or higher degree. It is expected that the temporary suspension will last until Sept. 10, 2018. The reason for … Continue Reading

Homeland Security Inspector General Issues Report on USCIS Processing Times for Green Cards

On March 14, USCIS released an Inspector General’s report on Green Card Processing Times.   The report found that green card processing times exceeded the existing 120-day goal by taking an average of 282 days to complete. The report identified processing times are greatly affected by interviews and vetting occurring at USCIS. The report made two … Continue Reading

Greenberg Traurig Recently Hosted The National Immigration Forum (NIF) Event With Mexican Ambassador Geronimo Gutierrez

GT hosted a Washington, D.C. reception of the National Immigration Forum (NIF) on “What Drives The Immigration Debate: A Conversation.”  Welcoming remarks were made by Eddie Aldrete, Senior Vice President, IBC Bank, and Board Chair of the National Immigration Forum that recognized Laura Reiff, immediate past Chairman of the NIF, for her former and continued … Continue Reading

USCIS Finalizes Guidance on Signature Requirements – With Limited Exceptions, USCIS No Longer Accepts Power of Attorney Signatures

On Feb. 16, 2018, USCIS published the final policy memorandum on signature requirements, which changed its existing rules for signatures on written requests filed with USCIS. Effective March 18, 2018, all paper filings with the USCIS must include a handwritten ink signature and USCIS will no longer accept signatures of individuals based on power of … Continue Reading

Supreme Courts Rejects Expedited Review of DACA Case

On Feb. 26, the U.S. Supreme Court denied the Department of Justice’s petition for writ of certiorari in a Ninth Circuit DACA Case. The Court took the unusual step of encouraging the federal court to act stating “It is assumed the Court of Appeals will proceed expeditiously to decide the case.” This action means that … Continue Reading

New USCIS Memo Formalizes Additional Requirements for H-1Bs at Third Party Worksites

In support of its efforts to combat H-1B fraud and consistent with President Trump’s Buy American Hire American initiative, the U.S. Citizenship and Immigration Services (USCIS) will now require employers sponsoring H-1B workers at third-party worksites to include additional information and documentation in their H-1B filings. The new policy memorandum “Contracts and Itineraries Requirements for … Continue Reading

Senate Wraps Up Immigration Debate Week

Rising to the president’s challenge of addressing Deferred Action for Childhood Arrival (DACA) participants in the United States and maintaining a commitment to debate DACA/immigration in exchange for cooperation on last week’s Budget Agreement, Sen. Mitch McConnell (R-KY, Majority Leader) began an immigration week debate in the U.S. Senate. The process unfolded slowly and reached a … Continue Reading

GT’s Shaun Staller Elected to Equality Forum’s Board of Directors

Shaun K. Staller, an attorney in the Immigration & Compliance group at Greenberg Traurig, LLP, was recently elected to Equality Forum’s Board of Directors. A non-profit organization, Equality Forum is focused on the advancement of national and international lesbian, gay, bisexual, transgender, and queer (LGBTQ) civil rights with an educational emphasis. To read more, click … Continue Reading
LexBlog