Carl Shusterman Immigration Lawyer Blog

USCIS Filing Fees to Rise

USCIS filing fees were scheduled to go up dramatically on October 2, 2020. However, the filing fee increase is currently blocked in Federal Court. For persons who are applying for naturalization to become U.S. citizens, the filing fee will be raised over 80% from $640 to $1,170. This will, no doubt, make it too expensive […]

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Supreme Court Ruling Could Impact the Future of DACA

The Future of DACA On June 18, 2020, the US Supreme Court ruled that the Trump Administration’s termination of the Deferred Action for Children Arrivals (DACA) program violated Federal law. In a 5-4 decision written by Chief Justice Roberts, the Court held that the DHS’s decision violated the Administrative Procedures Act. The majority opinion explained […]

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Trump Visa Ban Extended and Expanded

On December 31, 2020, President Trump extended visa ban which suspended the issuance of many categories of temporary work visas for persons outside the U.S.   The visa ban does not affect persons who apply within the United States for extensions of stay, changes of status or adjustment of status. In his original proclamation, President Trump […]

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Harsh New Asylum Regulation Proposed

A 161-page asylum regulation was proposed the DHS and the Department of Justice on June 15, 2020. The new rule would greatly restrict our country’s asylum system.  There is a 30-day period for the public to comment on the proposed rule. The government states the proposed rule would “more effectively separate baseless claims from meritorious ones. […]

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USCIS Resumes Premium Processing Service (June 2020)

USCIS announced that it will resume premium processing service for eligible I-129 and I-140 visa petitions during June 2020. Premium processing service had been temporarily suspended due to the COVID-19 pandemic. The resumption of premium processing service is scheduled to occur on a week-to-week basis as follows:   June 1 USCIS will begin accepting Form […]

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Bill Would Recapture 40,000 Green Cards
For Doctors and Nurses

 On May 5, 2020, a bipartisan group of Senators introduced a bill to recapture 40,000 lost green cards, and give them to much needed doctors and nurses. The Healthcare Workforce Resilience Act (S.3599) would speed the ability of foreign-born healthcare workers to become lawful permanent residents of the United States and allow them to […]

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Employers: New I-9 Handbook and Form

On April 27, 2020, the USCIS released an updated version of the Handbook for Employers – Guidance for Completing Form I-9. The update of the I-9 handbook was timely because on May 1, 2020, employers are required to use the latest revision of form I-9.   Changes in the I-9 Handbook The update lists […]

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May Visa Bulletin
Good News or Bad News for Immigrants?

The May Visa Bulletin was issued on April 24, 2020, the day after the President’s Executive Order greatly restricted family-based immigration and some employment-based immigration to the United States. Employment Categories in the May Visa Bulletin In the May Visa Bulletin, the forward movement in the worldwide employment categories varies widely. The worldwide EB-1 category, […]

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Executive Order Suspends US Immigration for 60+ Days
Who is Exempt?

An Executive Order suspending US immigration was issued by the White House on April 22, 2020.  The order would reduce immigration to the United States by approximately one-third. The stated rationale for the executive order is that since the COVID-19 pandemic has so far resulted in over 22 million Americans filing for unemployment benefits, reducing […]

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Employers Challenge H-1B Denials and Win!

 With the exponential rise in H-1B denials, we recommend that employers challenge erroneous USCIS decisions in Federal Court.  Three recent decisions by Federal Judges pave the road to success. H-1B denial rates increased from 6% in fiscal year 2015 to 21% in fiscal year 2019.  The denial rate for H-1B extensions increased to 12%. The […]

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