The United States Citizenship and Immigration Services (USCIS) is strict about who it grants entry. The agency views foreign nationals with a criminal record negatively and will not admit individuals who have committed certain criminal offences. Therefore, Canadians applying for a green card or permanent residence with a criminal history are at a distinct disadvantage. […]
Major changes in the framework for issuing work permits for spouses L2 and H4 are on the way! A landmark settlement was reached in Shergill, et al v. Mayorkas, which provides significant changes for nonimmigrant L2 and H4 spouses waiting for work permits. Highlights Work Permits for Spouses L2: automatic work authorization incident to status, […]
Marker Research Analysts – H-1B Visa USCIS reached a settlement agreement in the case of MadKudu Inc., et al. v. U.S., Citizenship Services, et al., No. 20-cv-2653 (N.D. Cal.). The settlement agreement provides new guidance for deciding H-1B petitions for market research analysts. In this case, USCIS had denied plaintiffs H-1B petitions for market research […]
A new precedent decision makes clear what will be deemed an aggravated felony for immigration purposes. Matter of Onesta Reyes was decided by the Attorney General on July 30, 2020. In this case, the issue was whether an alien who had been convicted of a criminal offense necessarily was convicted of an “aggravated felony” for […]
Several related diversity visa lawsuits (Filazapovich et al. v Department of State et al.; Goh et al. v U.S. Department of State et al.; Goodluck et al. v Biden et al., among these) were recently filed on behalf of more than 24,000 diversity visa lottery winners from over 100 countries to challenge the U.S. State […]
Diversity Visa Program The Diversity Visa Program (DV Program) makes approximately 50,000 immigrant visas available per year. Visas are drawn randomly amongst applicants from countries with low immigration rates to the United States. As most diversity visa lottery winners are located outside the U.S. at the time they win the lottery, they must obtain their […]
Major U.S. business organizations filed a new H-1B lawsuit challenging a recent Proclamation that blocks foreign nationals from entering the United Sates to work. The organizations claim that the Proclamation “takes a sledgehammer” to the statutes Congress enacted with respect to high-skilled and temporary worker immigration. The Proclamation at issue banned the entry of workers […]
In a 5-4 decision, the Supreme Court ruled against the Trump Administration’s decision to end the Deferred Action for Childhood Arrivals program. Chief Justice Roberts delivered the opinion. DACA, established in 2012, allows certain unauthorized aliens who arrived in the United States as children to apply for a two-year forbearance of removal. Those granted such […]
The national interest waiver is a useful tool that can speed up the green card process. Most employment-based permanent residence processes require the employer to sponsor the foreign national through a test of the U.S. labor market and a showing that the foreign national is not taking a job away from a U.S. worker. This […]
A federal judge in Oregon blocked President Trump’s order to deny visas to immigrants without health insurance. On October 4, 2019, President Trump issued Presidential Proclamation No. 9945, “Presidential Proclamation of the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System.” Under the Proclamation, immigrants would be considered financial burdens […]
Can Border Officers Search Your Phone? In November 2019, a Summary Judgment Order was issued in Alasaad v. McAleenan. The order stated that border officers require a reasonable suspicion of contraband to conduct a phone search. The ruling was touted as a major win for privacy rights at the border. That case was brought by […]
The Office of the United States Attorney for the District of Vermont announced that a federal grand jury returned a 12-count indictment against a Brooklyn man, Arleigh Louison. According to the indictment, false statements were made in connection with petitions filed under the Violence Against Women Act (“VAWA”). It is alleged that Mr. Louison submitted […]