USCIS Proposed Rule on Removal of the International Entrepreneur Parole Program
On May 25th , 2018 US CIS proposed a rule to remove
USCIS Announces Temporary Increase in H-2B Cap for Remainder of FY2018
USCIS has announced that an additional 15,000 H-2B visas
This allocation is in addition to the 66,000 visas already issued this year. In the FY 2018 Omnibus spending bill, Congress authorized the Secretary to increase the number of H-2B visas through the end of the fiscal year. Congress did the same in the FY 2017 Omnibus.
Automatic Termination of Optional Practical Training for F-1 Students If They Transfer to a Different School or Begin Study at Another Educational Level
USCIS issued a reminder to all F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program aercompleting a bachelor’s degree) automatically terminates
Although authorization to engage in OPT ends upon transferring to a different school or changing educational level, students in F-1 status will not be otherwise affected as long as they comply with all requirements for maintaining their student status.
These requirements include not working with a terminated EAD , because termination means that students are no longer authorized to work in the United States. Working in the United States without authorization has serious immigration consequences, including removal from the country and bars on reentry. Furthermore, remaining in the United States in violation of lawful nonimmigrant status could lead to an accrual of unlawful presenc e which includes another set of penalties under the Immigration and Nationality Act.
USCIS Announces Policy Manual Updates on EB-5 Tenant Occupancy and Adjustment of Status Interview Waivers
US CIS announced that it issued two Policy Manual updates.
The first revises guidance on EB-5 cases involving tenant occupancy. USCIS will no longer accept tenant-occupancy models for filings on or after 5/15/18.
The second revises guidance regarding adjustment of status interview guidelines and interview waivers. The update removes employment-based and fiancé(e)-based adjustment cases from the list of types of adjustment of status cases in which USCIS might waive the interview.
USCIS Announcement About Processing Errors on Form I-751
US CIS announced that due to a processing error on 5/4/18, USCIS mailed biometric services appointment notices with incorrect Application Support Center locations
Current Status of DACA
Lawsuits have been filed to block the termination of DACA. The first of these lawsuits was decided in January 2018, when a federal district court in San Francisco found that the administration’s termination of DACA was “based on a flawed legal premise.” The court in this case ordered DHS to once again begin accepting renewal applications, but did not require the agency to accept new applications for individuals who never had DACA.
In early May, Texas and six other states threw an additional wrinkle into the mix of cases by suing the Trump administration, attempting to halt DACA immediately rather than phasing it out. The small group of states in this case have a very sympathetic judge in Judge Hanen , who blocked the Obama administration from implementing expanded DACA and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) in 2014. If Judge Hanen were to side with Texas and rule that the federal government should end DACA immediately, there would be conflicting federal district decisions. This could result in any one of a number of scenarios playing out in the courts.
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