Articles

Articles

DACA and the Supremes 1920 1440 Taiyyeba Safri Skomra

DACA and the Supremes

In November, the U.S. Supreme Court heard arguments for and against continuing the program known as “DACA” — Deferred Action for Childhood Arrivals. DACA was created by Executive Order in June 2012, protecting certain undocumented individuals from deportation.  An estimated 700,000 people have DACA benefits, including the two-year (renewable) work permit the program authorizes.  The…

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USCIS Announces Electronic Pre-registration Process for H-1B Cap-Subject Petitions 1000 559 Yeu Hong

USCIS Announces Electronic Pre-registration Process for H-1B Cap-Subject Petitions

Starting with a registration period commencing March 1, 2020, employers must pre-register any cap-subject H-1B petitions they intend to file for FY 2021 (starting on October 1, 2020).  USCIS announced earlier this month that all employers filing H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must use the electronic pre-registration process which…

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Practicing At The Intersection Of Criminal And Immigration Law (aka”Crim-Imm”) 1920 1440 Helen A. Sklar

Practicing At The Intersection Of Criminal And Immigration Law (aka”Crim-Imm”)

What is crim-imm and why is it so important in the wider field of immigration law? “Crim-imm” refers to the crossover area of criminal law and immigration law, where criminal and immigration law intersect. It is a field of law scholarship and practice that emerged as the traditional boundaries between criminal and immigration law began…

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Sorting out Financial Requirements for Immigration Applicants 1920 1131 Taiyyeba Safri Skomra

Sorting out Financial Requirements for Immigration Applicants

Whereas most research shows that immigrants use public benefits at lower rates than native-born U.S. citizens,[1] a dizzying web of initiatives by the Trump Administration reveal a noisy, and perhaps intimidating, plan to reorder longstanding programs and standards in the realm of public benefits and financial support for immigrants.  The upshot of these Administration efforts…

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Lawyering and Litigating in Era of Delays 1000 559 Amy Lenhert

Lawyering and Litigating in Era of Delays

The experienced immigration practitioner will agree that USCIS has never enjoyed a reputation for speedy and efficient case processing. However, in recent years USCIS processing delays have been steadily – often sharply — increasing across the spectrum. From routine applications for employment authorization or for naturalization (which is of increasing concern as we approach an…

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The H-1B Program – Trends and New Developments 3423 2743 Kathleen Grzegorek

The H-1B Program – Trends and New Developments

A key component of the “Buy American, Hire American” Executive Order signed by President Trump two years ago was to create more transparency in employment based visa programs, particularly the H-1B nonimmigrant visa category. To this end, USCIS created a public website, known as the  H-1B Employer Data Hub, to provide information to the public…

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EB-1 Backlog Continues for Fiscal Year 2019 849 565 Candice Garrett

EB-1 Backlog Continues for Fiscal Year 2019

The EB-1 visa backlog remains unprecedented in scope. Note, this category includes EB-1A, Extraordinary Ability; EB-1B, Outstanding Professors and Researchers; and, EB-1C, Intracompany Transferees serving in a managerial or executive capacity. The backlogs are particularly acute for those born in India and China. During a recent meeting with the American Immigration Lawyers Association (AILA), Charles…

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