Updated Vetting Process Included with Reactivated Immigration Program

The immigration program offering qualifying individuals from Cuba, Haiti, Nicaragua and Venezuela to come to the U.S. is now resumed with an updated vetting approach.

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Citizenship Bid Rejected Despite 21-Year Gov’t Delay

Despite a 21 year delay in addressing the issue, an individual's U.S. citizenship status was reversed, following two legal efforts to retain status.

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Timeframe Tightened for DHS to File Notice to Appear

The Executive Office for Immigration Review released a policy memorandum clarifying requirements as to the timing required by DHS to file a Notice to Appear.

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USCIS Policy Manual Update to OPT Eligibility for STEM Fields

USCIS updated their Policy Manual for OPT eligibility for STEM majors. In the update, USCIS clarifies guidance for F and M nonimmigrant students and their eligibility for OPT programs in STEM fields.

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Keeping Families Together, Mixed Status Parole Program Paused

Keeping Families Together, the mixed status parole program, is now paused for fourteen days, following a lawsuit filed by a group of states including Texas. Applications can continue to be submitted.

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U.S. Embassy in Cuba Expanding Some Visa Services

The U.S. Embassy in Cuba is expanding interview services for qualifying individuals for specific visa types. Visitor visa interview appointments are not available.

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Employment-Based Petition Reforms on DHS 2025 Agenda

DHS released an agenda outlining potential employment-based petition reforms in their 2025 plans. Among the items to be reviewed are the rules that guide extraordinary ability, among others.

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Filing Guide for Keeping Families Together Program Published

The Keeping Families Together program for mixed status families to parole in place opens Monday August 19, 2024. Qualifying individuals can apply online only, including spouses and stepchildren of U.S. citizens.

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Data Breach Reportedly Includes Social Security Number of Most Americans

A recent data breach exposed an estimated 2.7 billion records including social security number, address, and more, exposing most Americans. Take time to protect yourself now.

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Asylum Processing at Northern Border To Be Expedited

Asylum processing at the northern U.S. border to Canada will soon be expedited, using similar but not precisely the same approach as processing at the southern border.

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Diversity Visa Lottery Winners Challenge Full Circuit Court

A group of 2020 and 2021 Diversity Visa lottery winners are challenging the full D.C. circuit court to reconsider a previous panel judge finding that the U.S. is not required to process submitted visas.

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USCIS Guidance Drives Increase in O-1A, National Interest Waiver Visas

The January 2022 guidance on O-1A and National Interest Waiver visas drove an increase in applications. However, attention to detail is required for a successful outcome.

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September 2024 Visa Bulletin: Most Categories Unchanged, Retrogression in EB-3

The September 2024 Visa Bulletin shows little to no advancement and a year of retrogression for the EB-3 employment-based visa, which is unsurprising at the end of the government's fiscal year.

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Parole Processing Paused for Four Countries Due to Fraud Concerns

The Biden administration temporarily paused parole processing for individuals from Cuba, Haiti, Nicaragua, and Venezuela due to concerns over fraud for financial support providers.

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H-1B Spousal Work Permits Supported, per DC Circuit

A D.C. circuit court upheld DHS' authority to provide H-1B spousal work permits. The subject of a series of lawsuits, the H-4 visa and employment authorization benefits stand.

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Second FY2025 H-1B Cap Selection Complete – New Fees Required

USCIS completed the second FY2025 H-1B cap selection. As these petitions will be filed after April 1, 2024, the new fee structure is in effect for both the Form I-129 and Premium Processing.

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CIS Ombudsman Regional Representatives Expansion

CIS Ombudsman representatives are now placed in four U.S. regions. Their role is to identify regional issues, gather information as to stakeholders interaction with USCIS, and others. They do not support individual cases.

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DHS Site Visits Increase for STEM OPTs

ILBSG is seeing an increase in DHS site visits for STEM OPT programs. As always, employers should be prepared for a visit, ensuring files are properly maintained.

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New Bill Introduced to Keep STEM Graduates in U.S.

A bill has been introduced to ease the post-graduation transition of foreign U.S. university STEM graduates. Among the proposed changes are increasing the number of available visas and making the extension of stay policies more flexible.

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Search Warrant Now Required for Phone Search by Customs Agents in New York

Federal judge finds a phone search is not legal without a warrant at U.S. ports of entry. This applies to New York's eastern district at this time.

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