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This lawsuit, filed on behalf of seven U.S. employers whose H-1B petitions have been unlawfully rejected, challenges U.S. Citizenship and Immigration Services’ (USCIS) arbitrary and capricious refusal to accept timely and properly filed H-1B petitions which are subject to the annual statutory cap on H-1B visa numbers allocated each year. USCIS arbitrarily rejected H-1B petitions […]

U.S. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of […]

On Friday, USCIS announced flexibilities for certain foreign students affected by delayed receipt notices for Form I-765. These flexibilities apply only to applications received on or after Oct. 1, 2020, through May 1, 2021. Some of the flexibility extensions include 14-month Optional Practical Training (OPT) period flexibilities. Under this extension, USCIS will approve applications for post-completion […]

On Monday, DHS posted a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for the advanced degree exemption. The final rule reverses the order by which USCIS selects H-1B petitions under the regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B […]

 USCIS announced last week that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations. If the agency receives enough petitions by March 25, it will randomly select registrations and send […]

On Tuesday, the First Circuit found that searches of cellphones and other electronic devices at the U.S. border do not require a warrant or probable cause and can be used to search for contraband. The court ruled in favor of ICE and CBP, finding that the government’s security interests are at their peak when dealing with […]

President Joe Biden has frozen for 60 days last-minute rules from the Trump administration that would allow only higher-wage foreign workers to be employed in the U.S. Under a final rule issued Jan. 8 by the Homeland Security Department, only the highest-paid applicants to the H-1B visa program — which allows companies to temporarily employ […]

People who need access to their government immigration records scored a huge victory in the Nightingale et al. v. USCIS case on December 17. A judge ruled that a nationwide class of individuals should have access to their immigration files—called A-Files—within the timeframes outlined in the Freedom of Information Act (FOIA) statute. A-Files contain records of interactions […]

USCIS announced that, in response to the coronavirus pandemic, the agency is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain requests for evidence, continuations, notices of intent, and motions to reopen, among other things. In addition, USCIS will consider a Form I-290B or Form […]

The U.S. Department of State (DOS), which is responsible for all U.S. embassies and consulates, has provided an update on its plan for the phased resumption of routine visa service across the globe. While this provides the general plan on how it will go about restarting normal visa services, no timelines are provided. To the […]