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 preceding 14 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 [Updated 3 August 2023]
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 ***Post Publication Update: The Department of Homeland Security rescinded the Broadcast Messgage on July 14, 2020.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 - with an important update from August 20, 2020 regarding student travel to the United States and F-1 visa issuance.
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
Updated 6 January 2021 and 15 October 2023. Written By: Melissa Chavin
The US Government Daily Journal, the “Federal Register” published a 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 in the Federal Register. The US Government under the Trump Administration dropped their pursuit of putting this rule into force of law while lawsuits were pending to enjoin it on 16 December 2020. The Office of Information and Regulatory Affairs within the Office of Management and Budget reflected on his records that the rule was withdrawn from review. This blog would still be helpful for anyone trying to get a quick summary of the issues covered by the defunct rule and a hint to policy changes that were being considered for immigrant visa and adjustment of status adjudications. Applications will no longer be subject to this rule.
Likewise the US Department of State is adjudicating public charge and related affidavits of support on Form I-864 and I-134 as they have historically.
Written by Melissa Chavin
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.