Criteria for H-1B Specialty Occupations Clarified
Although the previous administration’s many attempts to dismantle the H-1B VISA program were successfully defended against, employers and professionals alike are still recovering from the damage inflicted over those years. In fact, USCIS is still making changes to ensure that its staff and the public understand USCIS policies and practices as they stand today.
Recent Federal Court Decision Upholds Limited Judicial Review for Immigration Cases
A U.S. Citizenship and Immigration Services denial of a Ukrainian man’s bid for permanent residency will not be reviewed by the Seventh Circuit. The court found that the man’s petition did not meet the criteria for permitting judicial review of agency decisions.
Breaking News: Asylum Seekers Must Meet Certain Criteria for Eligibility
The new emergency Asylum measure being proposed by the Biden administration is set to take effect in May for a period of two years in an attempt to curb the anticipated migration surge when the Trump-era Title 42 public health law is set to expire.
Recently Revised CSPA Policy: Impact on Consular Processing Cases
Backlogs at U.S. embassies and consular offices abroad have experienced backlogs, further limiting individuals from CSPA protections. With the revised CSPA policy, options exist for those applying abroad.
Updated CSPA Policy: Retroactive Effect for Those Who Didn’t Apply Based on Previous Guidance?
USCIS stated that for previously filed applications that were denied based on the applicant “aging out,” they will accept I-290B Motions to Reopen under the updated CSPA Policy.
Supreme Court Asked to Consider Definition of Obstruction of Justice for Deportation
The Supreme Court received a request from U.S. Attorney General Garland to include an expanded definition of obstruction of justice as a basis for deportation.
Little-to-No Movement in the March 2023 Visa Bulletin
The March 2023 Visa Bulletin showed little to no movement for both employment-based and family-based cases. There is little forward movement in some categories for China and a small retrogression for India.
Breaking News: USCIS Reinterprets Child Status Protection Act, Freezes Age Based on Dates of Filing Chart
USCIS issued updated guidance under the Child Status Protection Act (CSPA). USCIS will now use the Dates for Filing Chart for calculating a child’s age under CSPA.
TPS Program Termination Rescinded
A previous federal court decision that allowed the ending of Temporary Protection Status (TPS) for individuals from El Salvador, Haiti, Sudan, and Nicaragua has been overturned. In addition, a federal appeals court agreed to revisit the 2020 ruling that gave the U.S. government the ability to revoke TPS.
Indian Nationals Encouraged to Apply for U.S. Visas in Countries with Lower Wait Times
The U.S. Embassy in India suggests that Indian nationals travel to specific countries with lower wait times for B1 or B2 visas. Specific countries have expanded the availability of visa appointments for Indian nationals.