US Immigration Blog by former INS Trial Attorney Carl Shusterman. How to get a temporary working visa, a green card and U.S. citizenship.
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
On December 10, 2019, USCIS issued policy guidance regarding what constitutes good moral character for naturalization purposes. However, it is clear that this guidance will affect not only applicants for naturalization, but also those applying for adjustment of status and other types of immigration benefits including cancellation of removal. Specifically, the new guidance incorporates the […]
The Administration’s policies are punishing not only the undocumented, but are restricting the rules for legal immigration. Never in my 40 years of practicing immigration law both as an INS Attorney and in private practice have I seen so many restrictions being placed upon foreign-born individuals and often upon employers who are sponsoring them for […]
Recently, a foreign-born physician scheduled a consultation with me. She had an interview coming up, and for some reason, her attorney was unable to accompany her. She was super-nervous because her case had been going on for years, and the facts were quite complex. I let her know that she was right to be concerned. […]
The H-1B online registration system will go into effect on March 1, 2020. Employers must submit the required information online for each H-1B beneficiary whom they wish to sponsor between March 1 and March 20. However, the details of the system have yet to be released by the USCIS. The fact that the current […]
