Posts From June, 2020

On June 23, USCIS released a statement clarifying the impact of the newly released ban on new H-1B visas and other types of nonimmigrant visas. The restrictions do not affect those working in the U.S. on a valid H-1B or similar visa. Valid visa holders who are currently abroad will not be prevented from entering or reentering […]

USCIS announced on 6/22/2020 a new rule that affects all asylum seekers in the United States. The new rule prevents aliens who, absent good cause, illegally entered the United States from obtaining employment authorization based on a pending asylum application. Additionally, the rule defines new bars and denials for employment authorization, such as for certain criminal behavior; […]

The second quarter of FY2020 brought a slight increase in H-1B RFE rates to 35.8%, which is up 0.5% from FY2019’s second quarter. By the same comparison, the overall H-1B approval rate jumped up 4% to 87.1%. The rate of approval following an RFE is 68.2%, which may seem low, but is a 10% increase […]

Effective August 21, 2020, USCIS is eliminating the rule requiring it to process initial employment authorization documents (EADs) for asylum applicants within 30 days. Asylum applicants are prohibited from filing for an initial EAD until 150 days after submitting their asylum application. By removing the 30-day rule, asylum applicants will likely have to wait well […]

On June 15, the Supreme Court ruled that Title VII forbids workplace discrimination on the basis of sexual orientation and gender identity. The ruling was based on the meaning of “discrimination on the basis of sex” in existing federal law. Justice Gorsuch wrote both opinions, and was joined by Justices Roberts, Ginsburg, Sotomayor, Breyer, and Kagan […]

On June 18, the Supreme Court ruled against the Trump administration, deciding that President Trump is blocked from carrying out his plan to end Deferred Action for Childhood Arrivals (DACA). The 5-4 ruling is based on a lack of proper process and that the Trump administration did not give a proper justification before ending the program. This […]

One of the key principles guiding the U.S. immigration system has been admitting foreign workers with skills that are valuable to the U.S. economy. Current U.S. immigration law provides several paths for foreign workers to enter the United States for employment purposes on a temporary or permanent basis. This fact sheet provides basic information about […]

By Aaron Reichlin-Melnick from Immigration Impact In sweeping new proposed regulations announced on June 11, the Trump administration took the first step toward administering a final blow to the U.S. asylum system. The proposed rules, which impose nearly a dozen new bars to asylum, would rewrite asylum law to exclude nearly all people seeking refuge. Should […]

Some USCIS offices are now open to the public as of June 4. This means that the thousands of immigrants who were kept from completing the naturalization process will now be able to finish the process and take the Oath of Allegiance. The timing of this is especially crucial, since many hope to have their citizenship before […]