The U.S. Department of State has expanded its visa bond pilot program for B1/B2 visitor visas, affecting nationals from dozens of countries around the world.
USCIS Updates Child Status Protection Act (CSPA) Age Calculation for Certain Adjustment of Status Applicants
U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance in its Policy Manual, which makes a key change in the interpretation of when an immigrant visa number “becomes available” for the purpose of calculating a child’s age under the Child Status Protection Act (CSPA). Under this new guidance, starting Feb. 14, 2023, USCIS will
USCIS Updates Guidance Adjudicating Requests for ‘National Interest Waiver’
On Jan. 21, 2022, U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance in the USCIS Policy Manual to address national interest waivers for advanced degree professionals or persons of exceptional ability. This update clarifies how the national interest waiver can be used by science, technology, engineering, and mathematics (STEM) graduates and entrepreneurs.
The
DHS Announces 18-month Extension of Somalia Temporary Protected Status
Yesterday, Secretary of Homeland Security, Kirstjen Nielsen, announced that after careful review of many factors, an extension of Temporary Protected Status (TPS) for Somalia beneficiaries would be granted until March 17, 2020. Somalian TPS beneficiaries are a relatively small population, approximately 500 persons, but this act today demonstrates the ability of DHS to make case-by-case
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 the previous analysis framework.
A national interest waiver may be available to immigrants eligible for an employment-based, second preference (EB-2) visa under section 203(b)(2)(B)(i) of the Immigration and Nationality Act (INA). The INA allows the Secretary of Homeland Security to discretionarily waive the requirement of a job offer and of a labor certification, which would otherwise be required to get the visa. To be eligible for the waiver, the foreign national beneficiary must first demonstrate that he or she qualifies as a member of the profession, holding an advanced degree or as an individual of exceptional ability. The beneficiary must then establish that it would be in the national interest to waive the job offer requirement.Continue Reading New Framework for Adjudicating National Interest Waivers
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