News

By: Melissa Chavin, Attorney, and Claire Graham, Summer Intern

During the pandemic, President Trump issued four physical presence related Presidential Proclamations, in which he stated that foreign nationals with any physical presence in the immediately preceding14 days in the UK, Republic of Ireland, European Schengen area, China, Brazil and Iran are restricted from entering the United States.[1]  No date when the travel restrictions will be lifted is set forth. Individuals who meet certain exceptions are still allowed entry without visiting an unrestricted area for fourteen days prior to entry.  In a prior blog, we discussed explicit/ objective exceptions.[2]  In this blog, we are considering another exception that is subjective in nature and involves substantial judgement calls on the part of the adjudicator, the national interest exception. 

By: Polina Dashevsky, Summer Intern

US Lawful Permanent Residents (LPRs) as a rule should not reside outside of the US. Some do alternate six months in both the US and their home country, which is permitted. Sometimes situations beyond their control delay an LPR's return to the US.

By: Claire Graham, Summer Intern

July 8, 2020, MIT and Harvard filed a joint suit against ICE and the US Department of Homeland Security in the Massachusetts federal court to stop the Department of Homeland Security from reversing their earlier policy of flexibility around online classes during the pandemic. Did the plaintiffs have a right to sue on a mere Broadcast Message telling stakeholders about the rule to be published in the future?

The Student and Exchange Visitor Program (SEVP) issued a new Broadcast Message Monday, July 6, 2020 covering COVID-19 and Fall 2020, in which, it puts tremendous pressure on educational institutions in the United States to offer in-person classes in the midst of the COVID-19 pandemic. ***Post Publication Update: The Department of Homeland Security rescinded the Broadcast Messgage on July 14, 2020.  The announcment was made at the hearing for the Harvard and MIT v. Department of Homeland Security lawsuit in in Massachusetts US District Court.***  

By: Melissa Chavin

Students and Designated School Officers (DSOs) at school international offices during the CoVID-19 outbreak receive updates regularly from the Student and Exchange Visitor Program (SEVP).  Here are some of the latest highlights.

By: Melissa Chavin

The National Visa Center is where family and employment based petitions are held after they are adjudicated by the USCIS and approved, but before the priority date on them becomes current and able to act on.   While a petition waits at the NVC, circumstances may change, and the immigrant visa applicant may want to make the NVC aware of the changes.  

New Method of H-1B Lottery Will Save Petitioners Time and Petition Writing Efforts

The H-1B filing season will begin earlier than in past years with a March registration period for any petitioner-beneficiary pairs. Initial H-1Bs petitions subject to the low H-1B cap, including those eligible for the advanced degree exemption, will be activated with a preliminary lottery procedure.  Petitioner-beneficiary pairs will need to register during the period March 1, 2020 - March 20, 2020 - and then be selected in a lottery, in order to be qualified to file a petition together.

Updated with the Overturning of the Injunction on January 27, 2020 by the US Supreme Court and Announcement of Implementation of the Rule from February 24, 2020

Written By: Melissa Chavin

The US Government Daily Journal, the “Federal Register” published the new rule by the Department of Homeland Security on the Public Charge Inadmissibility Grounds on August 14, 2019. It was 837 pages in the version published just before final publication. I am reading through that version and blogging my notes as I go. These notes would be helpful for anyone trying to get a quick summary of the issues covered by the rule and a hint to changes that will effect adjudications.  Those applications and petitions already pending with the USCIS on the effective date of the rule are not subject to it.

Written by Melissa Chavin

Visa Bulletin Chaos

Issuance of immigrant visas based on employment based petitions and approval of adjustment of status to green card holder based on approved EB-1, EB-2 and EB-3 petitions are chaotic this July.