USCIS Announces Online Filing for Affirmative Asylum Applications
U.S. Citizenship and Immigration Services announced that Form I-589, Application for Asylum and for Withholding of Removal, is available to file online for qualifying affirmative asylum applicants. USCIS also continues to accept the latest paper version by mail. See if you qualify for online filing.
DHS Begins Limited Implementation of DACA Final Rule
USCIS announced the current DACA Final Rule implementation, with related holds, while the DACA program remains a topic of litigation. Limited implementation began on October 31, 2022.
Foreign Spouses’ Work Authorization Opportunity
A study from the National Foundation for American Policy, a nonpartisan research group, found the U.S. would greatly benefit by expanding work authorization for spouses of H-1B visa holders. The study found that H-1B holders’ spouses typically are also highly educated and skilled. This could greatly benefit the U.S. in terms of accessing an existing source of skilled workers.
Frequently Asked Questions: Fiancé and Marriage-Based Visas
For most people, navigating the U.S. immigration system can be challenging. There are so many eligibility requirements, and the application process itself can feel very complicated. This can be particularly overwhelming when the stakes are high, like when you are trying to obtain immigration status for your significant other so you can be together in the U.S. There are some different options, depending on the particular circumstances, which can make this task feel even more daunting. This article aims to clear up some of those questions, so you will have the confidence you need to move forward.
CW-1 Petitions Update
U.S. Citizenship and Immigration Services (USCIS) announced updates to the CW-1 petitions. This is a clarification of a policy announced in August 2022. Certain limitations apply and as always, preparation is key.
ACICS Accreditation Loss May Affect STEM OPT, H-1B, and I-140 Applicants
U.S. Citizenship and Immigration Services (USCIS) released the following statement on November 1, 2022. As the Accrediting Council for Independent Colleges and Schools (ACICS) is no longer recognized as an accrediting agency by the U.S. Department of Education, individuals in various programs may be affected, with the possibility of losing their status under various immigration programs.
DACA Discrimination Lawsuit Revival Urged
The Fourth Circuit court is being asked to review a previous lawsuit claiming DACA status discrimination. The individual filing the lawsuit claims a large oil company rescinded an internship offer based on the individual’s DACA status. The basis for reviewing the matter is the U.S. Supreme Court ruling of a June 2020 decision. In that decision, Bostock v. Clayton County, the U.S. Supreme Court found that the definition of sex-based discrimination under Title VII of the 1964 Civil Rights Act includes LGBTQ rights bias, as the basis of discrimination is an individual’s sex. The DACA discrimination matter revival suggests using this same logic to their matter.
Updates on U.S. Consulates in India
U.S. Consulates in India continue to be closed for regular options as of October 25, 2022. Over 100,000 appointment slots were opened for the H and L visa categories, resulting in the reduction of wait times to nearly half. Interviews began in September for B-1 and B-2 visitor visa applicants.
Additional 32 Immigration Judges Across 16 Courts Added by DOJ
The U.S. Department of Justice welcomes additional immigration judges to immigration courts in California, Florida, Georgia, Illinois, Maryland, New York, Tennessee, Texas, and Virginia. In total, 32 incremental judges were added. The new judges have backgrounds in immigration law, advising clients on their legal status, as well as work experience with the U.S. Immigration and Customs Enforcement (ICE). The new judges were named in October 2022. In total, for the year, DOJ has added 81 immigration judges.
Second EAD and AP in the Same Category Getting Denied by USCIS
Due to processing backlogs and fluctuations in visa availability, many employment-based Adjustment of Status (AOS) applicants have resorted to filing a second AOS application in a different eligibility category with the hope of more quickly securing a Green Card. Applicants have also been filing a second I-765 for employment authorization (EAD) and I-131 for travel authorization (AP) concurrently with their second AOS application.