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Recent Blog Posts

Donald Trump’s proposal on H-1B visas is bad news for Indian workers

WASHINGTON: Republican presidential front runner Donald Trump has sounded death knell to the H-1B visas by proposing to raise the minimum wage for this most-popular work visa for Indian technology professionals as he released his policy of putting American workers first. Such a move, Trump argued, would force companies to give IT jobs to unemployed Read More

Board of Immigration Appeal’s new ruling on “Stop Time” rule

11 On July 24, 2015, the BIA in the case of Matter of Ordaz, 26 I&N Dec. 637 (BIA 2015) held that notice to appear (NTA) that was served but never resulted in removal proceedings does not have “stop-time” effect for purposes of establishing eligibility for cancellation of removal pursuant to section 240A(d)(1) of the Read More

New progress in the world of Family detention

DHS is now required to apply the recent decision by the United States District Court of the Central District of California holding the settlement from the 1977 Flores v. Reno case also applies to minors apprehended with a parent. The Flores agreement, which requires that children be released to a parent whenever possible and otherwise Read More

What To Do When the Social Security Office Refuses to Issue a SSN to an Asylum Applicant Who Lacks Identification

When any social security offices refuses to issue social security numbers to asylum applicants who have been granted Employment Authorization Documents (EAD) under 8 C.F.R. §274a(c)(8), but who have no other form of identification such as a passport, driver’s license, or other form of government-issued photo ID. For these individuals, the refusal to issue a Read More

Texas v. United States, the Lawsuit Challenging DAPA and DACA Expansion

On July 7, 2015, Judge Hanen in the Texas v. United States litigation issued an Order setting a hearing for August 19, 2015, to discuss the approximately 2,000 three-year EADs that were issued after the injunction in Texas v. United States was issued. The Order states, “this Court expects the Government to be in full Read More

Family Immigration

The ongoing discussion on family detention is finally making some progress in the sphere of immigration laws. Tonight, ICE provided the additional information regarding the release of mothers and children from family detention, stating: Going forward, ICE will generally not detain mothers with children, absent a threat to public safety or national security, if they Read More

USCIS issues a Policy Memorandum changing interpretation of provisions relating to Qualifying U.S. Work Experience for Special Immigrant Religious Workers

Following the decision of the U.S. Court of Appeals for the Third Circuit, on April 7, 2015, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), USCIS has issued a policy memorandum instructing its employees to no longer deny special immigrant religious worker petitions based on the lawful status requirements at 8 CFR 204.5(m)(4) Read More

Premium Processing for Extension of Stay H-1B Petitions Resumes

Starting June 13, 2015, USCIS has started accepting accepting Form I-907, Request for Premium Processing Service for all Form I-129, Petition for a Nonimmigrant Worker, H-1B extension of stay petitions. USCIS had suspended premium processing for Form I-129 H-1B extension of stay petitions from May 26, 2015, in order to implement the Employment Authorization for Certain H-4 Dependent Spouses final Read More

Shifting of E-Visa Processing Centers in Mexico

Due to recent increase in overall visa applications in Mexico, the U.S. Embassy in Mexico has decided to shift the E-Visa processing centers from Mexico City. For application received on or after July 7, 2015, E1 treaty trader visa processing will be handled by the Consulates General in Monterrey and Tijuana, whereas, E2 treaty investor Read More

Detention and Family Detention

Family detention is the increasingly alarming practice of detaining immigrant families, including babies and children, with their parents in detention centers. Annually, the Department of Homeland Security (DHS) unnecessarily detains more than 400,000 people, including asylum seekers and other extremely vulnerable immigrants. With the recent increase of women and children migrating to the United States Read More