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Update on Deferred Action for Childhood Arrivals (DACA)

Bimonthly Immigration Newsletter: April 2016

Foreign Students in STEM Fields Get More Time on Their F-1 OPT

Effective May 10, a new rule published by the Department of Homeland Security (DHS) will make a big difference for foreign students majoring in STEM (science, technology, engineering, mathematics) fields. In an effort to attract and retain more foreign students, DHS is permitting a 24-month extension for foreign students who have U.S. STEM degrees... [read more]

 


“Habitual Drunkard” Ruled Invalid Basis for Denying Citizenship, But DUI Grounds for Visa Revocation

In 1956, the American Medical Association (AMA) declared alcoholism to be an illness. By 1980, the AMA started establishing policies on the “disease” theory, largely to secure third-party funding, which could only be done if [it] was categorized as a disease. [read more]


Supreme Court to Hear Oral Argument on President’s Executive Actions on Immigration

On April 18, the U.S. Supreme Court will consider United States v. Texas, a politically charged lawsuit about the legality of some of President Barack Obama’s executive actions on immigration. The initiatives in dispute... [read more]



Update on FY2017 H-1B Cap-Subject Processing

On April 9, USCIS advised the public that it used a computer-generated random selection process, or lottery, to select petitions to meet the FY2017 cap. USCIS received over 236,000 H-1B petitions during the filing period and will begin premium processing no later than May 16, 2016. [read more]


Is Your Employment-Based Green Card Application Pending? What You Need to Know Before Changing Jobs

USCIS recently published a new policy memorandum regarding a provision in the law that permits green card applicants who are beneficiaries of a valid I-140 petition to change jobs or employers in certain circumstances without having to file a new PERM and I-140. [read more]



Updates from the DOL Regarding the PERM Process — Insights for Employers

For many employers who wish to sponsor a foreign national on an employment basis, they must take steps to establish that there are no willing, qualified, and able U.S. workers available for the position, and that the foreign national will be paid the prevailing wage... [read more]



Photo of a man  with sunglasses in facial recognition softwareUSCIS Proposing to Cancel Interim Employment Authorization (EAD) Cards

Under current regulations, if an initial applicant for work authorization does not receive a decision within 90 days of filing, USCIS must issue an interim work card. However, USCIS recently proposed a rule that will eliminate that obligation. [read more]



USCIS Processing Times — What to Expect 

Immigration cases often move at a snail’s pace and require much patience. Processing times often change and often do so without notice. Nevertheless, posted processing times by USCIS have, in the past, served to reasonably estimate when a case should be decided and help all concerned manage their expectations. [read more]



E Visa Holders Can Obtain New Two-Year Admission Period At Land Border But Need to Request It

The immigration rules permit an individual with an expired visa who travels solely to a contiguous territory for up to 30 days to be readmitted to the United States, effectively revalidating that visa. [read more]


Chinese Nationals Visiting the U.S. Expected to Enroll in Online EVUS System by November

Beginning in November 2016, nationals of China using a 10-year business or tourist visitor visa (B-1/B-2) to enter the United States will be required, before being admitted, to also enroll in the Electronic Visa Update System (EVUS). [read more]


DOS Phasing Out Employment Authorization for Some A-2 Visa Holders; DOS Retreats from More Restrictive Interpretation for EADs for Certain G-4 Dependents

The Department of State (DOS) is phasing out its endorsement of employment authorization requests for dependents of foreign government employees holding A-2 visas who are considered to be permanently resident in the United States... [read more]


News in Brief

The following additional items may be of interest to our readers.