Cases for removal are heard by immigration judges within the Executive Office for Immigration Review (EOIR), with appeals of those decisions going to the Board of Immigration Appeals (BIA). A recent proposal to change federal regulations governing the EOIR and BIA...
USCIS Issues Guidelines for Implementing DHS’ Requested Changes to DACA Program (August 21 2020 Memo)
On August 21, 2020, the United States Citizenship and Immigration Services (USCIS) issued implementation plans for several new policies stemming from Acting Secretary of Homeland Security Chad Wolf’s July 28 memo for the Department of Homeland Security (DHS). USCIS...
Use of I-797 EAD Approval Notice Is Permitted for I-9 Approval
The COVID-19 pandemic has caused unprecedented delays in immigration law, particularly for those seeking a new or renewed employment authorization document (EAD). Recently, an Ohio federal court issued a temporary restraining order against the U.S. Citizenship and...
Absent Congressional Aid, Impending USCIS Furloughs Could Cripple U.S. Immigration System
The United States Citizenship and Immigration Services (USCIS) agency may furlough nearly two-thirds of its workforce unless Congress can approve much-needed budgetary relief. The agency employs nearly 20,000 workers and could furlough as many as 13,400 workers if...
USCIS’ Public Charge Rule is Back
The public charge rule has been subject to protracted litigation processes. Multiple federal court rulings from different circuits across the country add more confusion to the status of the public charge rule. This blog explains the impacts of a series of courts’...
Suspension of the DS-5540 Public Charge Test during COVID19
On July 29, 2020, the United States District Court for the Southern District of New York issued nationwide temporary injunctions related to the Department of Homeland Security's (DHS) and Department of State's (DOS) public charge rule in the Immigration and...
USCIS Ordered by the Court to Produce Employment Authorization Documents Without Further Delays
An Ohio federal court gave foreign workers a small victory on Monday. U.S. District Judge Algenon L. Marbley issued a temporary restraining order against the U.S. Citizenship and Immigration Service (USCIS) requiring the agency to print work permit cards such as...
Lawsuit against the USCIS Document Production Delay
Recently, USCIS has had trouble sending employment authorization document (EAD) recipients their EADs, even though they were approved for it. Typically, it takes 48 hours after approval to get their physical EAD. However, many people are not getting theirs at all....
How will the Fall 2020 ICE Guidance affect F1 Visa Students?
On July 6, 2020, the Student and Exchange Visitor Program (SEVP) sent a broadcast message to all users of the Student & Exchange Visitor Information System (SEVIS) announcing changes to their policy concerning online coursework for nonimmigrant international...
Anticipated USCIS Staff Furloughs in August 2020
Recently, the United States Citizenship and Immigration Services (USCIS)—the agency tasked with processing adjustment of status, naturalization, asylum, and refugee applications—began sending furlough notices to 13,000 employees, nearly three-quarters of its...