Generated by All in One SEO v4.9.6.2, this is an llms.txt file, used by LLMs to index the site. # Simon, Choi & Tuohy Immigration Lawyers in Philadelphia ## Sitemaps - [XML Sitemap](https://lhscimmigration.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Certain K Fiancé(e) Visas, Immigrant Visas, Exchange Visitors, and Pilots/Aircrew May Now Qualify for National Interest Exceptions for Regional COVID Proclamations](https://lhscimmigration.com/immigration-news/news/certain-k-fiancee-visas-immigrant-visas-exchange-visitors-and-pilots-aircrew-may-now-qualify-for-national-interest-exceptions-for-regional-covid-proclamations/) - The U.S. Department of State has provided updated guidance on eligibility for National Interest Exceptions to three Presidential Proclamations which restrict entry into the U.S. for individuals who have been physically present in the Schengen Area, United Kingdom, Ireland, Brazil, China, South Africa, or Iran within the past 14 days. This update provides that travel - [USCIS Issues Policy Guidance on Deference to Previous Decisions](https://lhscimmigration.com/immigration-news/alerts/uscis-issues-policy-guidance-on-deference-to-previous-decisions/) - On April 27, 2021, USCIS announced that it would reinstate its prior long-standing policy issued in 2004, directing officers to generally defer to previous decisions when adjudicating extension and renewal requests that involve “the same parties and facts unless there was a material error, material change in circumstances or in eligibility, or new material information - [Jon Landau Awarded AILA Philadelphia’s Matthew Baxter Award](https://lhscimmigration.com/immigration-news/alerts/jon-landau-awarded-aila-philadelphias-matthew-baxter-award/) - LHSCD is proud to announce that Jon Landau was awarded today with American Immigration Lawyers Association (AILA) Philadelphia’s Matthew Baxter Award, given each year to a member of the chapter who exemplifies Matthew Baxter’s spirit of service and mentorship within the immigration law community. As his partners, Wendy and Nicole, described in the award presentation, - [Biden to Restrict Travel From India](https://lhscimmigration.com/immigration-news/news/biden-to-restrict-travel-from-india/) - On April 30, 2021, the Biden Administration announced that, due to increased COVID rates, travel from India would be restricted beginning Tuesday, May 4. The policy will apply to anyone who has been present in India within 14 days preceding planned travel to the United States. The policy will not apply to U.S. citizens or - [Biometrics Requirement Suspended for Certain Nonimmigrant Extension/Change of Status Applications](https://lhscimmigration.com/immigration-news/alerts/biometrics-requirement-suspended-for-certain-nonimmigrant-extension-change-of-status-applications/) - As part of the ongoing class action litigation challenging unprecedented delays in certain Applications to Extend Nonimmigrant Status, USCIS has now announced a 2-year suspension of the biometrics requirement for H-4, L-2, E-1, E-2, and E-3 Applications to Extend/Change Nonimmigrant Status (Forms I-539) beginning on May 17, 2021. The suspension will apply to any Forms - [USCIS Temporarily Suspends Biometrics Requirement for Certain I-539 Applicants](https://lhscimmigration.com/immigration-news/alerts/uscis-temporarily-suspends-biometrics-requirement-for-certain-i-539-applicants/) - USCIS announced that effective May 17, 2021, they will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539. Those requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status are affected by this rule. Instead, USCIS will adjudicate these cases based on biographic information and - [June 2021 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/june-2021-visa-bulletin/) - Subsequent to the issuance of the June 2021 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in June. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In June 2021, most family sponsored applicants should refer to the “Dates for Filing” chart - [Biden Administration Re-Designates Haiti and Designates Burma for Temporary Protected Status (TPS)](https://lhscimmigration.com/immigration-news/alerts/biden-administration-re-designates-haiti-and-designates-burma-for-temporary-protected-status-tps/) - On May 24, 2021, DHS Secretary Alejandro Mayorkas announced a new 18-month TPS designation for Haiti, allowing Haitian nationals residing in the United States as of May 21, 2021 to apply for an initial grant of TPS. Eligible individuals will have to apply for TPS with USCIS within the registration period, to be determined once - [USCIS Issues New Policy Strengthening Protections for Immigrant Victims of Crime](https://lhscimmigration.com/immigration-news/alerts/uscis-issues-new-policy-strengthening-protections-for-immigrant-victims-of-crime/) - On June 14, 2021, USCIS announced that it is updating its Policy Manual to implement a new process, referred to as Bona Fide Determination, which will give immigrant victims of crime in the United States access to employment authorization sooner, as well as deferred action, while their U visa petition is pending. USCIS’s stated goal - [July 2021 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/july-2021-visa-bulletin/) - Subsequent to the issuance of the July 2021 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in July. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In July 2021, most family sponsored applicants should refer to the “Dates for Filing” chart - [Attorney General Garland Vacates Trump-era Rulings Limiting Asylum Eligibility for Those Fleeing Domestic Violence or Gang Violence](https://lhscimmigration.com/immigration-news/alerts/attorney-general-garland-vacates-trump-era-rulings-limiting-asylum-eligibility-for-those-fleeing-domestic-violence-or-gang-violence/) - On June 16, 2021, Attorney General Merrick Garland vacated the previous Attorney General decisions in Matter of L-E-A-, 27 I&N Dec. 581 (A.G. 2019), Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), and Matter of A-B-, 28 I&N Dec. 199 (A.G. 2021). The previous Attorney General’s decision in Matter of L-E-A- limited the circumstances - [DACA Ruled Unconstitutional by Federal Judge](https://lhscimmigration.com/immigration-news/alerts/daca-ruled-unconstitutional-by-federal-judge/) - A Federal Judge in Texas ruled on Friday that the Deferred Action for Childhood Arrivals (DACA) program is unconstitutional, stopping USCIS from processing DACA filings for new applicants and creating uncertainty for the estimated 700,000 young immigrants, commonly referred to as “Dreamers”, who benefit from the program by receiving temporary work authorization and temporary relief - [August 2021 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/august-2021-visa-bulletin/) - Subsequent to the issuance of the August 2021 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in August. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In August 2021, most family sponsored applicants should refer to the “Dates for Filing” chart - [Court Orders USCIS to Extend Flexibilities for OPT Work Authorization ](https://lhscimmigration.com/immigration-news/alerts/court-orders-uscis-to-extend-flexibilities-for-opt-work-authorization/) - Pursuant to a court order, USCIS today announced flexibilities for certain foreign students affected by delayed receipt notices for Application for Employment Authorization. These flexibilities apply only to applications received on or after Oct. 1, 2020, through October 31, 2021. USCIS experienced delays at certain lockboxes in issuing receipt notices for Form I-765 for optional practical training (OPT) for F-1 - [DHS Designates Haitian Foreign Nationals as Eligible for TPS](https://lhscimmigration.com/immigration-news/alerts/dhs-designates-haitian-foreign-nationals-as-eligible-for-tps/) - The Department of Homeland has designated Haiti for Temporary Protected Status (TPS) for 18 months, effective Aug. 3, 2021, through Feb. 3, 2023. The designation of Haiti for TPS allows approximately 55,000 current beneficiaries covered under the Ramos and Saget preliminary injunctions to newly apply for TPS under this designation and retain TPS through Feb. 3, 2023, if they - [DHS Extends TPS Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal](https://lhscimmigration.com/immigration-news/alerts/dhs-extends-tps-designations-for-el-salvador-haiti-nicaragua-sudan-honduras-and-nepal/) - DHS is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through December 31, 2022, from the current expiration date of October 4, 2021. Background Through this notice, the Department of Homeland Security (DHS) announced actions to ensure its continued compliance with - [October 2021 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/october-2021-visa-bulletin/) - Subsequent to the issuance of the October 2021 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in October. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In October 2021, most family sponsored applicants should refer to the “Dates for Filing” chart - [International Air Travel Restrictions for Fully Vaccinated Foreign Nationals to Ease in November](https://lhscimmigration.com/immigration-news/alerts/international-air-travel-restrictions-for-fully-vaccinated-foreign-nationals-to-ease-in-november/) - The White House has announced a new policy governing international air travel which expected to be implemented in early November. This new policy, which focuses on the vaccination status of international travelers, will replace the international travel bans currently in place. The new policy would also eliminate the need to seek a National Interest Exception - [Applications for the 2023 Diversity Visa (DV) Lottery Program are Now Open](https://lhscimmigration.com/immigration-news/alerts/applications-for-the-2023-diversity-visa-dv-lottery-program-are-now-open/) - Every year the United States sets aside 50,000 permanent resident visas to be given away by lottery in order to preserve diversity among immigrants to the United States. While the odds of being selected are slim, there is no application fee, so anyone who is eligible is encouraged to apply. As stated on the 2023 - [November 2021 Visa Bulletin](https://lhscimmigration.com/immigration-news/november-2021-visa-bulletin/) - Subsequent to the issuance of the November 2021 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in November. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In November 2021, most family sponsored applicants should refer to the “Dates for Filing” chart in the - [Updated Guidance for Fully Vaccinated International Travelers](https://lhscimmigration.com/immigration-news/alerts/updated-guidance-for-fully-vaccinated-international-travelers/) - Several news sources have confirmed that the White House will allow fully vaccinated foreign nationals to enter the U.S. via international air travel beginning November 8, 2021. In addition, the Department of Homeland Security also recently announced that fully vaccinated travelers will be able to enter the U.S. at land border and ferry crossings with - [Regional Travel Bans Replaced with COVID Vaccination Requirement for Air Travel to the United States](https://lhscimmigration.com/immigration-news/news/regional-travel-bans-replaced-with-covid-vaccination-requirement-for-air-travel-to-the-united-states/) - A presidential proclamation issued on October 25, 2021, and effective on November 8, 2021, rescinds the current regional COVID-19 travel restrictions and enacts a COVID-19 vaccination requirement on nonimmigrants coming to the United States via air travel. This presidential proclamation does not impact land border travelers entering the United States from Canada or Mexico. All - [USCIS to Change Employment Authorization Policies for Eligible H-4 and L-2 Spouses](https://lhscimmigration.com/immigration-news/alerts/uscis-to-change-employment-authorization-policies-for-eligible-h-4-and-l-2-spouses/) - On November 10, 2021, the American Immigration Lawyers Association (AILA) and its litigation partners reached a settlement agreement with the Department of Homeland Security that will provide relief for some H-4 and L-2 spouses who have experienced long delays in the processing times of their employment authorization applications. As a result of Shergill, et al. - [December 2021 Visa Bulletin](https://lhscimmigration.com/visa-bulletin/december-2021-visa-bulletin/) - Subsequent to the issuance of the December 2021 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in December. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In December 2021, most family sponsored applicants should refer to the “Dates for Filing” chart - [USCIS Conducts Third Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations](https://lhscimmigration.com/uncategorized/uscis-conducts-third-random-selection-from-previously-submitted-fy-2022-h-1b-cap-registrations/) - On November 19, 2021, U.S. Citizenship and Immigration Services ("USCIS") announced that it had conducted another H-1B cap lottery for the Fiscal Year 2022 H-1B cap. This is the third such lottery this year. USCIS allows for 85,000 H-1B cap-subject petitions on an annual basis, which includes 65,000 for individuals with a Bachelor's degree and - [Presidential Proclamation Restricts Travel from Eight Countries](https://lhscimmigration.com/uncategorized/presidential-proclamation-restricts-travel-from-eight-countries/) - The Biden Administration issued a proclamation suspending the entry into the United States, as immigrants or nonimmigrants, of all foreign nationals who were physically present within any of the following countries or territories during the 14-day period preceding their entry or attempted entry into the United States: The Republic of Botswana The Kingdom of Eswatini The Kingdom of Lesotho The - [Migrant Protection Protocols (MPP) Reinstated](https://lhscimmigration.com/immigration-news/alerts/migrant-protection-protocols-mpp-reinstated/) - On December 2, 2021, the Department of Homeland Security announced that the Migrant Protection Protocols (MPP) would be reinstated starting December 6, 2021. MPP had originally been terminated via a memorandum from Secretary of Homeland Security, Alexander Mayorkas, in June 2021. In August 2021, the U.S. District Court for the Northern District of Texas determined - [January 2022 Visa Bulletin: Adjustment of Status Filing Charts](https://lhscimmigration.com/immigration-news/alerts/january-2022-visa-bulletin-adjustment-of-status-filing-charts/) - Following the U.S. Department of State's release of the January 2022 Visa Bulletin, USCIS has advised which chart prospective green card applicants should refer to when determining if they are eligible to file an application in January 2022. Note: Where "C" is listed, the category is current and applications may be filed regardless of the - [DHS Withdraws H-1B Selection Final Rule](https://lhscimmigration.com/immigration-news/alerts/dhs-withdraws-h-1b-selection-final-rule/) - As of December 22, 2021, the Department of Homeland Security ("DHS") has published a final rule that withdraws the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule ("H-1B Selection Final Rule"). In January 2021, DHS issued the H-1B Selection Final Rule, which would have altered how U.S. Citizenship and - [USCIS Extends Flexibility for Responding to Agency Requests](https://lhscimmigration.com/immigration-news/uscis-extends-flexibility-for-responding-to-agency-requests/) - On December 30, 2021, U.S. Citizenship and Immigration Services ("USCIS") disclosed that it is extending previously announced flexibilities in responding to Agency requests. Specifically, USCIS will consider a response to certain requests and notices with issuance dates between March 1, 2020 and March 26, 2022 if received within 60 calendar days after the response due - [February 2022 Visa Bulletin](https://lhscimmigration.com/immigration-news/february-2022-visa-bulletin/) - Subsequent to the issuance of the February 2022 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in February. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In February 2022, most family sponsored applicants should refer to the “Dates for Filing” chart in the - [The Biden Administration Announces New Initiatives to Attract and Retain STEM Professional in the United States](https://lhscimmigration.com/uncategorized/the-biden-administration-announces-new-initiatives-to-attract-and-retain-stem-professional-in-the-united-states/) - On January 21, 2022, the Department of State and the Department of Homeland Security announced several changes designed to attract and retain STEM (Science, Technology, Technology, and Math) professionals in the United States. The White House released a corresponding “Fact Sheet: Biden-Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness” summarizing - [USCIS Issues Instructions Regarding Transferring the Underlying Basis of a Form I-485 to a Different Employment-Based Immigrant Category](https://lhscimmigration.com/immigration-news/news/uscis-issues-instructions-regarding-transferring-the-underlying-basis-of-a-form-i-485-to-a-different-employment-based-immigrant-category/) - On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) posted instructions on its website regarding the process for transferring the underlying basis of a Form I-485 to a different employment-based immigrant category based on another Form I-140. According to USCIS, it will, in its discretion, grant a transfer request from one employment-based preference category (e.g., EB-3) - [H-1B Registration Updates for Fiscal Year 2023 H-1B Cap](https://lhscimmigration.com/immigration-news/news/h-1b-registration-updates-for-fiscal-year-2023-h-1b-cap/) - USCIS announced on January 28, 2022 that the registration period for the fiscal year 2023 H-1B cap will open at noon (EST) on March 1 and extend through noon (EST) on March 18, 2022. Using a myUSCIS account, employers will be able to register electronically and submit the $10 fee for each prospective beneficiary. A random - [March 2022 Visa Bulletin](https://lhscimmigration.com/visa-bulletin/march-2022-visa-bulletin/) - Subsequent to the issuance of the March 2022 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in March. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In March 2022, most family sponsored applicants should refer to the “Dates for Filing” chart - [H-1B Registration Process with LHSCD](https://lhscimmigration.com/immigration-news/alerts/h-1b-registration-process-with-lhscd/) - Registration Process To file H-1B petitions subject to the FY2023 cap for an employee, you must first electronically register and pay a $10 fee for each electronic registration. The electronic registration includes basic information about the employer and employee. This year, registrations must be submitted between March 1 and March 18, 2022. When you register, - [Designation of Sudan and Redesignation of South Sudan for Temporary Protected Status](https://lhscimmigration.com/immigration-news/alerts/designation-of-sudan-and-redesignation-of-south-sudan-for-temporary-protected-status/) - On March 2, 2022, Secretary of Homeland Security Alexander Mayorkas announced the new designation of Sudan for Temporary Protected Status (TPS) for 18 months. In the news release announcing the designation, Secretary Mayorkas stated that the designation was granted based on “ongoing armed conflict and extraordinary and temporary conditions that prevent individuals from returning safely." - [Designation of Ukraine for Temporary Protected Status](https://lhscimmigration.com/immigration-news/alerts/designation-of-ukraine-for-temporary-protected-status/) - On March 3, 2022, Secretary of Homeland Security Alexander Mayorkas announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. In the news release announcing the designation, Secretary Mayorkas stated the designation resulted from “Russia’s premeditated and unprovoked attack on Ukraine [that] has resulted in an ongoing war, senseless violence, and Ukrainians - [Department of State Information for Individuals Attempting to Flee Ukraine](https://lhscimmigration.com/uncategorized/department-of-state-information-for-individuals-attempting-to-flee-ukraine/) - Russia’s invasion of Ukraine has prompted a massive humanitarian crisis, with mounting military and civilian casualties and more than two million people fleeing Ukraine. The U.S. Department of State has now provided information to U.S. Citizens and others in Ukraine attempting to flee that country due to the ongoing armed conflict there. That Department of - [Designation of Afghanistan for Temporary Protected Status (TPS)](https://lhscimmigration.com/uncategorized/designation-of-afghanistan-for-temporary-protected-status-tps/) - On March 15, 2022, Secretary of Homeland Security Alexander Mayorkas announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. In the news release announcing the designation, Secretary Mayorkas stated that the designation was designed to "help to protect Afghan nationals who have already been living in the United States from returning - [April 2022 Visa Bulletin](https://lhscimmigration.com/visa-bulletin/april-2022-visa-bulletin/) - Subsequent to the issuance of the April 2022 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in April. Family-Sponsored Applicants: Dates for Filing Chart In April 2022, family sponsored applicants should refer to the “Dates for Filing” chart in the Department of - [USCIS Extends Flexibility for Responding to Agency Requests](https://lhscimmigration.com/immigration-news/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-2/) - On March 30, 2022, U.S. Citizenship and Immigration Services (“USCIS”) announced that it is extending certain flexibilities in responding to Agency requests through July 25, 2022. Specifically, USCIS will consider a response to certain requests and notices with issuance dates between March 1, 2020 and July 25, 2022 if received within 60 calendar days after - [ICE Issues New Prosecutorial Discretion Memo](https://lhscimmigration.com/uncategorized/ice-issues-new-prosecutorial-discretion-memo/) - On April 3, 2022, Immigration and Customs Enforcement (ICE) Principal Legal Advisor issued a memorandum to the Office of the Principal Legal Advisor (OPLA) attorneys outlining their office’s enforcement guidelines and their exercise of prosecutorial discretion. The memorandum takes effect on April 25, 2022 and rescinds prior prosecutorial discretion guidance. Prosecutorial discretion is one remedy - [DHS Announces Registration Process for Temporary Protected Status (TPS) for Ukraine and Sudan](https://lhscimmigration.com/immigration-news/dhs-announces-registration-process-for-temporary-protected-status-tps-for-ukraine-and-sudan/) - On April 18, 2022, the Department of Homeland Security posted two notices in the Federal Register on Temporary Protected Status (TPS) for nationals of Ukraine and Sudan. These notices provide information about how to register for TPS under each country’s designation. DHS Secretary Mayorkas had previously announced an 18-month designation for both Ukraine and Sudan - [USCIS Increases the Automatic Extension Time for Certain EADs](https://lhscimmigration.com/immigration-news/uscis-increases-the-automatic-extension-time-for-certain-eads/) - USCIS announced the publication of a Temporary Final Rule that will increase the automatic extension time for Employment Authorization Documents (EADs). As of May 4, 2022, those EAD categories which are eligible for an automatic extension will now receive a 540 day automatic extension of employment authorization. To benefit from automatic extension, an Applicant must - [June 2022 Visa Bulletin](https://lhscimmigration.com/immigration-news/june-2022-visa-bulletin/) - Subsequent to the issuance of the June 2022 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in June. Family-Sponsored Applicants: Dates for Filing Chart In June 2022, all family sponsored applicants should refer to the “Dates for Filing” chart in the - [Designation of Afghanistan for Temporary Protected Status](https://lhscimmigration.com/uncategorized/designation-of-afghanistan-for-temporary-protected-status/) - On May 19, 2022, the Department of Homeland Security designated Afghanistan for Temporary Protected Status (TPS) for 18 months from May 20, 2022 through November 20, 2023. Individuals eligible for TPS under this designation must have continuously resided in the United States since March 15, 2022. Individuals who attempt to travel to the United States - [July 2022 Visa Bulletin](https://lhscimmigration.com/visa-bulletin/july-2022-visa-bulletin/) - Subsequent to the issuance of the July 2022 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in June. Family-Sponsored Applicants: Dates for Filing Chart In July 2022, all family sponsored applicants should refer to the “Dates for Filing” chart in the Department of - [Supreme Court Rules Biden Can Terminate 'Remain in Mexico' Policy](https://lhscimmigration.com/uncategorized/supreme-court-rules-biden-can-terminate-remain-in-mexico-policy/) - On June 30, in a 5-4 decision, the Supreme Court ruled that the Biden administration could terminate the 2019 Migrant Protection Protocols ("MPP"), known as the Remain in Mexico policy. The Court agreed with the Biden Administration that ending MPP would not violate federal law, thereby allowing the Executive Branch to move forward with terminating - [USCIS Announces Rescission of Matter of Z-R-Z-C- as an Adopted Decision](https://lhscimmigration.com/uncategorized/uscis-announces-rescission-of-matter-of-z-r-z-c-as-an-adopted-decision/) - On July 1, 2022, USCIS released a policy memorandum rescinding Matter of Z-R-Z-C- as an Adopted Decision and providing updated guidance on the effects of authorized travel by Temporary Protected Status (TPS) beneficiaries. Under the updated policy guidance, USCIS introduced two primary benefits. First, USCIS will no longer use advance parole for travel authorization for TPS holders, - [August 2022 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/august-2022-visa-bulletin/) - USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in August. Family-Sponsored Applicants: Dates for Filing Chart In August 2022, all family sponsored applicants should refer to the “Dates for Filing” chart in the Department of State Visa Bulletin (below). The “C” listing indicates - [USCIS Reaches Fiscal Year 2023 H-1B Cap](https://lhscimmigration.com/immigration-news/uscis-reaches-fiscal-year-2023-h-1b-cap/) - U.S. businesses use the H-1B program to employ foreign workers in specialty occupations. On August 23, 2022, USCIS announced that it has reached the Fiscal Year 2023 H-1B Cap. USCIS has now received a sufficient number of petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced - [DHS Issues Regulation to Preserve and Fortify DACA](https://lhscimmigration.com/immigration-news/dhs-issues-regulation-to-preserve-and-fortify-daca/) - The Biden Administration finalized a rule on August 24, 2022, to preserve and fortify the DACA program. The final rule, set to go into effect on October 31, 2022, codifies into federal regulation the DACA program, which shields certain noncitizens who arrived in the United States as children from deportation and allows them to work - [USCIS Guidance on Employment Authorization for Persons Covered by Deferred Enforced Departure for Liberia](https://lhscimmigration.com/uncategorized/uscis-guidance-on-employment-authorization-for-persons-covered-by-deferred-enforced-departure-for-liberia/) - Effective June 27, 2022, President Biden issued a memorandum that extended and expanded Liberian Deferred Enforced Departure ("DED"), permitting eligible persons to stay and work in the United States, until June 30, 2024. Eligible persons include nationals of Liberia, or individuals with no nationality who last habitually resided in Liberia, who: Were covered by DED - [October 2022 Visa Bulletin Reveals Retrogression for EB-2 India Final Action Date](https://lhscimmigration.com/immigration-news/alerts/october-2022-visa-bulletin-reveals-retrogression-for-eb-2-india-final-action-date/) - On September 7, 2022, the Department of State released the October 2022 Visa Bulletin. Of particular note is the EB-2 India Final Action Date, which has retrogressed two years and eight months from December 1, 2014 to April 1, 2012. The employment-based Final Action cutoff dates are summarized in the table below. Employment- Based - [USCIS Implements Third Phase of Premium Processing for Certain EB-1 & EB-2 I-140 Petitions](https://lhscimmigration.com/uncategorized/uscis-implements-third-phase-of-premium-processing-for-certain-eb-1-eb-2-i-140-petitions/) - On September 15, 2022, USCIS announced that it was launching the third phase of premium processing expansions for certain petitioners who currently have a pending Form I-140, Immigrant Petition for Alien Workers under the EB-1 or EB-2 classifications. Like the first and second phase of premium processing expansions, this effort is intended to reduce the - [LHSCD Celebrates the Exemplary Career of Jon Landau](https://lhscimmigration.com/immigration-news/news/lhscd-celebrates-the-exemplary-career-of-jon-landau/) - The LHSCD team was recently able to celebrate (in person!) our now retired and much loved partner Jon Landau. Jon has been with our firm since 1985 and has represented successfully hundreds (maybe even thousands) of asylum seekers who can now live safely in the US with their family members. Jon's sincere dedication and commitment - [The 2024 Diversity Visa ("Green Card") Lottery Registration Period is Open](https://lhscimmigration.com/immigration-news/the-2024-diversity-visa-green-card-lottery-registration-period-is-open/) - The Fiscal Year 2024 Diversity Visa Lottery online registration period will be open from October 5, 2022 until November 8, 2022. For more information on the 2024 Diversity Visa Lottery, including details on eligibility and instructions on how to apply, please click here. You may also contact our office through our website or call - [DACA Update](https://lhscimmigration.com/immigration-news/daca-update/) - Deferred Action for Childhood Arrivals ("DACA") is a 2012 policy that temporarily protects certain undocumented youth from deportation and provides work authorization. On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit ruled that DACA is unlawful, but returned the case to the lower court to consider the legality of the - [November 2022 Visa Bulletin Remains Largely Consistent](https://lhscimmigration.com/immigration-news/news/november-2022-visa-bulletin-remains-largely-consistent/) - The U.S. Department of State ("DOS") has released the November 2022 Visa Bulletin. The visa bulletin remains largely consistent with the exception that the final action cutoff date for China EB-3 "Other Workers" will advance three months to December 1, 2012. Please see the "Final Action Dates for Employment-Based Preference Cases" chart below. Additionally, due - [Retired Immigration Judge Steven Morley Joins LHSCD!](https://lhscimmigration.com/immigration-news/alerts/retired-immigration-judge-steven-morley-joins-lhscd/) - We at LHSCD are absolutely delighted to announce that the Honorable Steven Morley (Retired), who served as Immigration Judge at the Philadelphia Immigration Court within the Executive Office for Immigration Review from 2010 until recently, has joined our firm in an Of Counsel capacity. Judge Morley will apply his vast knowledge and experience in immigration law - [Biden Administration Announces “Process for Venezuelans” While Expanding Use of Title 42 at the Southern Border](https://lhscimmigration.com/immigration-news/news/biden-administration-announces-process-for-venezuelans-while-expanding-use-of-title-42-at-the-southern-border/) - On October 12, 2022, the Department of Homeland Security announced a new pathway for eligible Venezuelan nationals to request travel authorization to the United States due to urgent humanitarian reasons. On October 18, 2022, USCIS provided additional details about the application process. If approved, Venezuelan nationals would be permitted to fly to the U.S. to - [USCIS ISSUES UPDATED GUIDANCE ON EXPEDITED EADs FOR HEALTHCARE WORKERS AND CHILDCARE WORKERS](https://lhscimmigration.com/immigration-news/uscis-issues-updated-guidance-on-expedited-eads-for-healthcare-workers-and-childcare-workers/) - On October 20, 2022, USCIS announced that healthcare workers and childcare workers in valid immigration status who: (1) have an initial Application for Employment Authorization which has been pending for over 90 days or (2) have a renewal Application for Employment Authorization for an Employment Authorization Document (EAD) that expires within 30 days or less - [DESIGNATION OF ETHIOPIA FOR TEMPORARY PROTECTED STATUS](https://lhscimmigration.com/immigration-news/designation-of-ethiopia-for-temporary-protected-status/) - On October 21, 2022, the Department of Homeland Security announced the designation of Ethiopia for Temporary Protected Status (TPS) for 18 months. In the news release announcing the designation, Secretary of Homeland Security Alejandro N. Mayorkas stated the designation resulted from “both ongoing armed conflict and extraordinary and temporary conditions in Ethiopia that prevent Ethiopian - [You’ve Got Questions About Employment-Based Adjustment of Status, USCIS Has Answers](https://lhscimmigration.com/uncategorized/youve-got-questions-about-employment-based-adjustment-of-status-uscis-has-answers/) - On Tuesday, November 1, 2022, USCIS published the “Fiscal Year 2023 Employment-Based Adjustment of Status FAQs.” If you are a foreign national currently working through (or hoping to start) the employment-based adjustment of status (AOS) process, an employer sponsoring a foreign national’s AOS, or a lawyer or paralegal working on employment-based AOS cases, this FAQs - [META (Facebook) Layoffs include H-1B Workers](https://lhscimmigration.com/uncategorized/meta-facebook-layoffs-include-h-1b-workers/) - Meta, the parent company of Facebook, announced that it is laying off 11,000 employees or 13% of its workforce. Meta, as many U.S. based technology companies do, uses H-1B visas to employ nonimmigrants in specialty occupations within their companies. This visa allows an employer to hire nonimmigrants in specialty occupations where employers are not able - [Landau, Hess, Simon, Choi & Doebley Named a 2023 U.S. News – Best Lawyers® “Best Law Firm”](https://lhscimmigration.com/uncategorized/landau-hess-simon-choi-doebley-named-a-2023-u-s-news-best-lawyers-best-law-firm/) - Landau, Hess, Simon, Choi & Doebley P.C. (LHSCD) was recently named a “Best Law Firm” by U.S. News – Best Lawyers® for 2023. Best Lawyers® ranks law firms based on a combination of client feedback, Law firm Surveys and a Law Firm Leaders Surveys and a Best Lawyers® peer review. Ranked as a Tier 1 - [DHS Continues Temporary Protected Status (TPS) for Beneficiaries from El Salvador, Honduras, Nicaragua, Nepal, Haiti, and Sudan](https://lhscimmigration.com/immigration-news/news/dhs-continues-temporary-protected-status-tps-for-beneficiaries-from-el-salvador-honduras-nicaragua-nepal-haiti-and-sudan/) - On November 10, 2022, the Department of Homeland Security announced the continuation until June 30, 2024 of Temporary Protected Status (TPS) and work authorization for beneficiaries from El Salvador, Honduras, Nicaragua, Nepal, Haiti, and Sudan. TPS is a humanitarian benefit available to citizens of designated countries allowing them to remain in the United States and hold employment authorization - [Department of State Releases December 2022 Visa Bulletin](https://lhscimmigration.com/immigration-news/department-of-state-releases-december-2022-visa-bulletin/) - On November 17, 2022, the Department of State released the December 2022 Visa Bulletin. Of particular note is the retrogression of India Employment Second Preference Final Action and Application filing dates. Please see the “Final Action Dates for Employment-Based Preference Cases” chart below. Employment- based All Chargeability Areas Except Those Listed CHINA- mainland born EL - [LHSCD Partners Named in 2023 Pennsylvania Super Lawyers and Rising Stars Lists](https://lhscimmigration.com/uncategorized/lhscd-partners-named-in-2023-pennsylvania-super-lawyers-and-rising-stars-lists/) - Congratulations to our Partners who have been selected for inclusion on the 2023 Pennsylvania Super Lawyers and Rising Stars lists! Super Lawyers: Partner Wendy Castor Hess Partner Jack Doebley Rising Stars: Partner Emma Tuohy Super Lawyers rates outstanding lawyers who have attained a high-degree - [Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole](https://lhscimmigration.com/immigration-news/alerts/certain-afghan-and-ukrainian-parolees-are-employment-authorized-incident-to-parole/) - As of November 21, 2022, Ukrainian and Afghan parolees, and their qualifying family members, with certain classes of admission may begin working in the U.S. prior to USCIS' approval of their Application for Work Authorization (Form I-765). Much like refugees, eligible Ukrainian and Afghan parolees will be employment authorized incident to their parole and - [EXTENSION AND REDESIGNATION OF HAITI FOR TEMPORARY PROTECTED STATUS](https://lhscimmigration.com/immigration-news/extension-and-redesignation-of-haiti-for-temporary-protected-status/) - On December 5, 2022, the Department of Homeland Security announced the extension and redesignation of Haiti for Temporary Protected Status (TPS) for an additional 18 months from February 4, 2023 through August 3, 2024. In the news release announcing the designation, Secretary of Homeland Security Alejandro N. Mayorkas stated: “The conditions in Haiti, including socioeconomic - [DHS ANNOUNCES REGISTRATION PROCESS FOR TEMPORARY PROTECTED STATUS FOR ETHIOPIA](https://lhscimmigration.com/immigration-news/dhs-announces-registration-process-for-temporary-protected-status-for-ethiopia/) - On December 9, 2022, the Department of Homeland Security posted a Federal Register notice on Temporary Protected Status (“TPS”) for Ethiopia. This notice provides information about how to register for TPS under Ethiopia’s designation. The registration process begins on Dec. 12, 2022. To be eligible for TPS under Ethiopia’s designation, individuals must demonstrate: (1) continuous - [What You Need to Know About the New Form I-485 and Final Rule on the Public Charge Ground of Inadmissibility](https://lhscimmigration.com/uncategorized/what-you-need-to-know-about-the-new-form-i-485-and-final-rule-on-the-public-charge-ground-of-inadmissibility/) - On September 9, 2022, the Department of Homeland Security (DHS) published the Public Charge Ground of Inadmissibility final rule in an effort to provide clarity and consistency in how DHS administers this inadmissibility criteria. It is important to note that this final rule goes into effect on December 23, 2022, and will apply to any - [February 2023 Visa Bulletin](https://lhscimmigration.com/immigration-news/february-2023-visa-bulletin/) - Subsequent to the issuance of the February 2023 Visa Bulletin, USCIS has informed prospective green card applicants of which chart to reference when determining if they are eligible to file an application in February. Family-Sponsored Applicants: Dates for Filing Chart In February 2023, all family-sponsored applicants should refer to the “Dates for Filing” chart in - [PAROLE PROGRAMS FOR VENEZUELANS, NICARAGUANS, HAITIANS, AND CUBANS](https://lhscimmigration.com/immigration-news/parole-programs-for-venezuelans-nicaraguans-haitians-and-cubans/) - On January 5, 2023, the Department of Homeland Security announced that it was extending the Venezuela parole program and expanding this program to Nicaragua, Haiti, and Cuba. This expanded program has a monthly cap of 30,000 parolees from all four countries. On January 6, 2023, USCIS provided additional details about eligibility and the application process. - [Adjudication of Forms I-539 & I-765 for H-4 & L-2 Applicants Will Once Again be Bundled with Properly Filed Forms I-129 for H-1B & L-1 Petitions](https://lhscimmigration.com/uncategorized/adjudication-of-forms-i-539-i-765-for-h-4-l-2-applicants-will-once-again-be-bundled-with-properly-filed-forms-i-129-for-h-1b-l-1-petitions/) - This past week, a historic settlement was reached in the Edakunni v. Mayorkas lawsuit against the Department of Homeland Security (“DHS”). This settlement will have far-reaching and long-term impacts on not only the American economy, but just as importantly, on how USCIS adjudicates H-4 and L-2 applications to extend or change their status and their - [H-1B Cap Registration Period FY2024](https://lhscimmigration.com/uncategorized/h-1b-cap-registration-period-fy2024/) - Many immigration institutions nationwide are getting ready for H-1B “Cap Season”, a period of the year where firms and employers prepare pre-registrations for employees whom they wish to have a chance to be randomly selected for an H-1B visa. This process is commonly referred to as the “H-1B Lottery”. Each fiscal year, up to 65,000 - [USCIS Updates Age Calculation under Child Status Protection Act for Certain Adjustment of Status Applicants](https://lhscimmigration.com/uncategorized/uscis-updates-age-calculation-under-child-status-protection-act-for-certain-adjustment-of-status-applicants/) - U.S. Citizenship and Immigration Services ("USCIS") recently provided updated guidance in the USCIS Policy Manual regarding when an immigrant visa “becomes available” for the purpose of calculating a noncitizen's age in certain situations under the Child Status Protection Act ("CSPA"). The CSPA protects certain beneficiaries from "aging out" (turning 21 and no longer qualifying - [March 2023 Visa Bulletin Shows Little Movement](https://lhscimmigration.com/uncategorized/march-2023-visa-bulletin-shows-little-movement/) - The U.S. Department of State ("DOS") has released the March 2023 Visa Bulletin. The visa bulletin shows little movement in key categories (e.g., EB-1, EB-2 and EB-3 final action and application filing dates remain the same as last month's visa bulletin). Please see the "Final Action Dates for Employment-Based Preference Cases" chart below. Additionally, the - [Premium Processing Service Expanded to Certain F-1 Students Seeking OPT or STEM OPT Extensions](https://lhscimmigration.com/uncategorized/premium-processing-service-expanded-to-certain-f-1-students-seeking-opt-or-stem-opt-extensions/) - On March 6, 2023, USCIS announced the latest expansion of premium processing in its continued effort to streamline the American immigration system and reduce processing backlogs. As the Service continues its phased approach to premium processing expansion, this latest development benefits certain F-1 students seeking to extend their Optional Practical Training (OPT) or science, technology, - [USCIS Issues ADIT (I-551) Stamps by Mail](https://lhscimmigration.com/immigration-news/uscis-issues-adit-i-551-stamps-by-mail/) - Yesterday, USCIS announced that it would be expanding its process to obtain an Alien Documentation, Identification, and Telecommunication (ADIT) or I-551 stamp through mail service. Lawful Permanent Residents who do not have their green card and who seek temporary proof of their lawful permanent resident status may now obtain a stamped I-94 record proving their - [April 2023 Visa Bulletin](https://lhscimmigration.com/uncategorized/april-2023-visa-bulletin/) - Following the DOS’ release of the April 2023 Visa Bulletin, USCIS advised which chart prospective green card applicants should refer to when determining if they are eligible to file an application in April 2023. Note: Where “C” is listed, the category is current and applications may be filed regardless of the applicant’s priority date. Where - [FY2024: H-1B Initial Electronic Registration Selection Process Completed](https://lhscimmigration.com/immigration-news/alerts/fy2024-h-1b-initial-electronic-registration-selection-process-completed/) - For Fiscal Year 2024's initial registration period, U.S. Citizenship and Immigration Services ("USCIS") has reached its annual quota for new H-1B cap registrations, including petitions that are eligible for the advanced degree exemption (master's cap). USCIS has notified employers of the selection results. Employers with selected registrations (regular cap and master's cap) may only - [Missed Out On An H-1B This Year? Here Are Some Potential Alternatives](https://lhscimmigration.com/immigration-news/missed-out-on-an-h-1b-this-year-here-are-some-potential-alternatives/) - We previously announced that USCIS has reached its annual quota for new H-1B cap registrations for Fiscal Year 2024 and has notified employers of the selection results. While we are awaiting official statistics from USCIS on the number of registrations they received this year, early reports indicate that there was a record number of registrants - [New USCIS Humanitarian, Adjustment, Removing Conditions and Travel Documents ("HART") Service Center](https://lhscimmigration.com/uncategorized/new-uscis-humanitarian-adjustment-removing-conditions-and-travel-documents-hart-service-center/) - U.S. Citizenship and Immigration Services ("USCIS") has opened its sixth service center, the Humanitarian, Adjustment, Removing Conditions, and Travel Documents ("HART") Service Center. The HART Service Center will be the first to focus on humanitarian and other workload cases and will eventually be the first fully virtual service center. With this new service center, USCIS - [May 2023 Visa Bulletin](https://lhscimmigration.com/immigration-news/may-2023-visa-bulletin/) - Following the DOS’ release of the May 2023 Visa Bulletin, USCIS advised which chart prospective green card applicants should refer to when determining if they are eligible to file an application in May 2023. Note: Where “C” is listed, the category is current and applications may be filed regardless of the applicant’s priority date. Where a - [LHSCD Partners Present at the AILA Philadelphia Annual CLE Conference](https://lhscimmigration.com/uncategorized/lhscd-partners-present-at-the-aila-philadelphia-annual-cle-conference/) - Last Friday, April 14, 2023, our firm was honored and excited to have two of our Partners, Jessica Choi and Jack Doebley, present at separate panels during the Annual CLE Conference for the Philadelphia Chapter of the American Immigration Lawyers Association (“AILA”). During the morning session, Jack Doebley, who works primarily on employment-based immigration matters, - [Unprecedented FY2024 H-1B Cap Registration Numbers Alert USCIS to Potential Fraudulent Activity](https://lhscimmigration.com/immigration-news/alerts/unprecedented-fy2024-h-1b-cap-registration-numbers-alert-uscis-to-potential-fraudulent-activity/) - USCIS released the number of H-1B Cap Registrations it received this year for FY2024. The agency received 780,884 total registrations for its H-1B Cap this year. Every year since FY2021, this number has steadily increased, with FY2023 receiving 474,927 total registrations. The process for a petitioning employer to submit an H-1B Cap Registration is fairly - [COVID-19 Vaccine Will No Longer Be Required for Non-US Travelers Entering via Land and Sea Ports of Entry](https://lhscimmigration.com/immigration-news/covid-19-vaccine-will-no-longer-be-required-for-non-us-travelers-entering-via-land-and-sea-ports-of-entry/) - The United States’ nationwide public health emergency, declared in January 2020 amid the early spread of COVID-19, is set to expire on May 11, 2023. On May 1, 2023, the Department of Homeland Security announced that, beginning May 12, 2023, in alignment with the end of the public health emergency, DHS will no longer require - [DHS & DOJ Announce Additional Barriers to Seeking Asylum at the U.S. Border](https://lhscimmigration.com/immigration-news/alerts/dhs-doj-announce-additional-barriers-to-seeking-asylum-at-the-u-s-border/) - Yesterday, the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ) announced controversial new regulations that will go into effect once the provisions under Title 42, which allow the U.S. government to turn away asylum seekers based on public health concerns, expire on Thursday, May 11, 2023. Under the new rules, - [Partner Wendy Castor Hess Attends Mexican Mobile Consulate Event in Cape May Courthouse](https://lhscimmigration.com/immigration-news/4878/) - On Saturday, April 29, 2023, Partner Wendy Castor Hess participated in the Mexican Consulate’s Mobile Consulate outreach event in Cape May Courthouse, New Jersey. Our Firm maintains a longstanding relationship with the Mexican Consulate in Philadelphia and we are especially proud of being able to provide legal services to Mexican nationals in the Greater Philadelphia - [June 2023 Visa Bulletin](https://lhscimmigration.com/visa-bulletin/june-2023-visa-bulletin/) - Following the DOS’ release of the June 2023 Visa Bulletin, USCIS advised which chart prospective green card applicants should refer to when determining if they are eligible to file an application in June 2023. Note: Where “C” is listed, the category is current and applications may be filed regardless of the applicant’s priority date. Where a date - [I-9 Flexibilities Ending July 31, 2023](https://lhscimmigration.com/immigration-news/alerts/i-9-flexibilities-ending-july-31-2023/) - The U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement (ICE) recently announced that the Covid-19 flexibilities for Form I-9 will come to an end on July 31, 2023, with a 30-day period for all employers to come into full Form I-9 compliance by August 30, 2023. The expiring flexibilities, first announced in - [USCIS Updates the Asylum Filing Process](https://lhscimmigration.com/uncategorized/uscis-updates-the-asylum-filing-process/) - This week, USCIS made some important changes to the filing process and requirements for asylum applications. For context, affirmative asylum applications are available for those foreign nationals who are not currently in removal proceedings. Conversely, defensive asylum applications occur when a foreign national is in removal proceedings before an Immigration Judge or the Board of - [OFFICE OF FOREIGN LABOR CERTIFICATION TRANSITIONS PERM SUBMISSION AND PROCESSING TO THE FOREIGN LABOR APPLICATION GATEWAY AND IMPLEMENTS REVISED FORM ETA-9089](https://lhscimmigration.com/immigration-news/office-of-foreign-labor-certification-transitions-perm-submission-and-processing-to-the-foreign-labor-application-gateway-and-implements-revised-form-eta-9089/) - Effective June 1, 2023, the Office of Foreign Labor Certification (“OFLC”) transitioned PERM submission and processing to the Foreign Labor Application Gateway (“FLAG”) and concurrently implemented the revised Form ETA-9089. To facilitate the transition to the revised Form ETA-9089 and the new filing system, OFLC conducted two webinars on April 19 and April 20. Copies - [DOS Releases July 2023 Visa Bulletin](https://lhscimmigration.com/immigration-news/dos-releases-july-2023-visa-bulletin/) - Following the Department of State’s June 8, 2023 release of the July 2023 Visa Bulletin, USCIS advised which chart prospective green card applicants should refer to when determining if they are eligible to file an application in July 2023. Of particular note is that EB3 India retrogresses significantly, to January 1, 2009. The relevant USCIS - [DHS Extends Temporary Protected Status (TPS) Designations for 18 Months for Current Beneficiaries from El Salvador, Honduras, Nepal, and Nicaragua](https://lhscimmigration.com/immigration-news/dhs-extends-temporary-protected-status-tps-designations-for-18-months-for-current-beneficiaries-from-el-salvador-honduras-nepal-and-nicaragua/) - On June 13, 2023, The Department of Homeland Security (DHS) announced plans to rescind its prior terminations of Temporary Protected Status (TPS) for El Salvador, Honduras, Nepal, and Nicaragua and extend TPS designations for all four countries for 18 months. DHS will publish Federal Register notices for the El Salvador, Honduras, Nepal, and Nicaragua TPS - [USCIS Expands Premium Processing for Applicants Seeking to Change into F, M, or J Nonimmigrant Status](https://lhscimmigration.com/immigration-news/uscis-expands-premium-processing-for-applicants-seeking-to-change-into-f-m-or-j-nonimmigrant-status/) - On June 12, 2023, USCIS announced the expansion of premium processing for applicants filing Form I-539, Application to Extend/Change Nonimmigrant Status, and seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. Premium Processing for these applications guarantees USCIS adjudicative action within 30 days of filing. The USCIS fee for the premium - [Nicole Simon & LHSCD Recognized by Chambers](https://lhscimmigration.com/uncategorized/nicole-simon-lhscd-recognized-by-chambers/) - Congratulations to our firm's managing partner Nicole Simon, for ranking in the Chambers USA 2023 Guide as a notable practitioner - one of only eight immigration lawyers ranked in Pennsylvania. Landau, Hess, Simon, Choi & Doebley was also ranked as a law firm for the second consecutive year. Chambers rankings are considered the definitive mark of excellence in - [Recent Immigration-Related Supreme Court Cases](https://lhscimmigration.com/uncategorized/recent-immigration-related-supreme-court-cases/) - The Supreme Court recently issued two decisions relating to immigration law. The first addresses states’ standing to sue the federal government based on enforcement guidelines in immigration removals. The second addresses whether a statute prohibiting “encouraging” or “inducing” illegal immigration violated the first amendment freedom of speech. U.S. v. Texas As the branch of the - [USCIS Launches New Online Tool for Rescheduling Most Biometric Services Appointments](https://lhscimmigration.com/uncategorized/uscis-launches-new-online-tool-for-rescheduling-most-biometric-services-appointments/) - On June 28, 2023, USCIS launched a new online tool for foreign nationals or their attorneys to reschedule most biometric services appointments in advance of the foreign national’s appointment date. Appointments may still be rescheduled over the phone by calling the USCIS Contact Center, however, USCIS strongly encourages the use of the online appointment rescheduling - [New Fields of Study Added to the DHS STEM Designated Degree Program List](https://lhscimmigration.com/uncategorized/new-fields-of-study-added-to-the-dhs-stem-designated-degree-program-list/) - On Wednesday, July 12, 2023, the U.S. Immigration & Customs Enforcement Agency (“ICE”) is expected to publish a Federal Register Notice updating the DHS STEM Designated Degree Program List (“STEM List”) to include eight additional fields of study/occupations. The STEM List is important for F-1 students and their employers as it is used to determine - [Department of State Releases the August 2023 Visa Bulletin](https://lhscimmigration.com/uncategorized/department-of-state-releases-the-august-2023-visa-bulletin/) - The U.S. Department of State has released the Visa Bulletin for August 2023. As the end of the government’s 2023 fiscal year draws closer (fiscal year 2024 begins October 1, 2023), and the number of available immigrant visas dwindle, there have been a few important updates to the Visa Bulletin since the issuance of the - [H-1B Cap Reached - Alternative Options for Those Not Selected](https://lhscimmigration.com/immigration-news/alerts/h-1b-cap-reached-alternative-options-for-those-not-selected/) - On July 17th, 2026, USCIS announced that it received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2027 H-1B cap and has notified employers of the selection results. So, what are your options if you have not been selected in this year’s lottery process? Although no new - [New Public Charge Rule Gives USCIS More Discretion to Deny](https://lhscimmigration.com/immigration-news/alerts/new-public-charge-rule-gives-uscis-more-discretion-to-deny/) - On July 20th, DHS will publish a new public charge rule, available for preview here. This rule, scheduled to take effect September 18, 2026, will lead to significant changes in how USCIS officers adjudicate I-485 applications. Applications submitted on or after that date will be required to use a new (yet-to-be-released) edition of the I-485. - [New Rule for F-1 Status: What Students Need to Know](https://lhscimmigration.com/immigration-news/alerts/new-rule-for-f-1-status-what-students-need-to-know/) - The Department of Homeland Security has released a new rule that will have a significant impact on nonimmigrants coming to the United States to attend college or university while in F-1 status. The rule includes a grace period protecting those who are already here in F-1 status, though students can forfeit that protection by, among - [Supreme Court Reaffirms Birthright Citizenship](https://lhscimmigration.com/immigration-news/supreme-court-reaffirms-birthright-citizenship/) - On June 30th, the Supreme Court struck down President Trump's attempt to limit birthright citizenship, meaning that almost all children born in the United States - whether to undocumented immigrants, legal immigrants, asylum seekers, etc., with very limited exceptions - will continue to be granted U.S. citizenship by birth as has been the case since - [Supreme Court Allows Trump Administration to End TPS for Haiti and Syria](https://lhscimmigration.com/immigration-news/alerts/supreme-court-allows-trump-administration-to-end-tps-for-haiti-and-syria/) - On June 25th, the Supreme Court determined that the Trump Administration is permitted to cancel Temporary Protected Status (TPS) for Haitians and Syrians, a huge blow to the 300,000+ (mostly Haitian) noncitizens from those countries who currently have work authorization and legal status via TPS. The decision clears the way for the cancellation of TPS - [Supreme Court: Trump Administration Allowed to Turn Away Asylum Seekers at the Border](https://lhscimmigration.com/immigration-news/alerts/supreme-court-trump-administration-allowed-to-turn-away-asylum-seekers-at-the-border/) - On June 25, the Supreme Court issued a decision (6 - 3, split along familiar ideological lines) allowing the Trump Administration to prevent asylum claims by turning away asylum-seekers before they enter the United States. This policy was instituted late in President Obama's 2nd term, before being greatly expanded in the first Trump administration. A Refuge - [Federal Judge Limits Arrests at Immigration Courthouses](https://lhscimmigration.com/immigration-news/federal-judge-limits-arrests-at-immigration-courthouses/) - President Trump made aggressive immigration enforcement a keystone of his reelection campaign, and the administration made good on that promise starting on day one, when they issued ICE Directive 11072.3 on January 21, 2025. The directive encouraged ICE agents to "conduct civil immigration enforcement actions in or near courthouses", i.e. to detain people who were - [July Visa Bulletin - EB2 India Unavailable for FY 2026](https://lhscimmigration.com/visa-bulletin/july-visa-bulletin-eb2-india-unavailable-for-fy-2026/) - The DOS released its July 2026 Visa Bulletin, and USCIS has determined that all family-sponsored should reference the Dates for Filing charts in the Department of State Visa Bulletin for April 2026 to determine eligibility for filing an Application to Adjust Status, while all employment-based applicants should reference the Final Action Dates chart. Next month’s charts - [Department of State Establishes Expedited B-1/B-2 Visa Appointment Fee at "Selected" Consular Posts](https://lhscimmigration.com/immigration-news/alerts/department-of-state-establishes-expedited-b-1-b-2-visa-appointment-fee-at-selected-consular-posts/) - On June 9th, the Department of State released a temporary final rule establishing a $750 fee for expedited B-1 and B-2 visa interview appointments at "selected" consular posts. The rule will go into effect on July 1st, and - unless made permanent through the normal rules process - will expire on December 31, 2026. What - [Judge Rules USCIS's 39-Country Pause Unlawful](https://lhscimmigration.com/immigration-news/alerts/judge-rules-usciss-39-country-pause-unlawful/) - On June 5, 2026, Chief Judge John McConnell of the U.S. District Court for the District of Rhode Island struck down a series of Trump administration policies that had effectively halted the processing of immigration applications for individuals from 39 countries. Which Rulings Were Being Challenged? Over the course of the last year, the Trump - [BREAKING: Judge Rules That Trump's $100k H-1B Visa Fee Is an Unlawful Tax](https://lhscimmigration.com/immigration-news/alerts/breaking-judge-rules-that-trumps-100k-h-1b-visa-fee-is-an-unlawful-tax/) - On June 8th, a federal judge ruled that the $100,000 fee for H-1B visas - announced by President Trump on September 19, 2025, and haphazardly implemented at 12:01AM the following day - amounts to an unlawful tax on H-1B petitions, and so vacated the relevant Trump Administration policy. It is expected that the administration will - [Simon, Choi & Tuohy Recognized in Chambers USA 2026](https://lhscimmigration.com/uncategorized/simon-choi-tuohy-recognized-in-chambers-usa-2026/) - We're proud to share that Simon, Choi & Tuohy has again been ranked by Chambers USA for Immigration Law in Pennsylvania — one of only 8 firms in the state to receive this recognition. Chambers rankings are earned through rigorous independent research, including in-depth interviews with clients and peers across the legal industry. Being included - [Nicole Simon Featured as Expert Source in WHYY's Immigration Coverage](https://lhscimmigration.com/immigration-news/news/nicole-simon-featured-as-expert-source-in-whyys-immigration-coverage/) - Managing Partner Nicole Simon was recently interviewed by WHYY News as a leading voice on the Trump administration's sweeping changes to the green card application process. In a piece published June 1, 2026, WHYY reporter Emily Neil turned to Nicole to help explain what the new USCIS policy memo means for applicants, their families, and - [Alert: All Immigrant Visas Allotted for EB-2 India for FY 2026 (i.e. until October 2026)](https://lhscimmigration.com/immigration-news/alerts/alert-all-immigrant-visas-allotted-for-eb-2-india-for-fy-2026-i-e-until-october-2026/) - The State Department announced that all available immigrant visas in the Employment-Based Second Preference (EB-2) category for applicants chargeable to India for fiscal year (FY) 2026 have been allotted. This means that no further I-485 applications or immigrant visa applications in this preference category and chargeable to India (e.g. if born in India) will be - [USCIS Announces Major Changes for Green Card Applicants](https://lhscimmigration.com/immigration-news/alerts/uscis-announces-major-changes-for-green-card-applicants/) - On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, titled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.” At this point – mere hours after the memo was published – we cannot - [June Visa Bulletin](https://lhscimmigration.com/visa-bulletin/june-visa-bulletin/) - The DOS released its June 2026 Visa Bulletin, and USCIS has determined that all family-sponsored should reference the Dates for Filing charts in the Department of State Visa Bulletin for April 2026 to determine eligibility for filing an Application to Adjust Status, while all employment-based applicants should reference the Final Action Dates chart. Next month’s charts - [April Visa Bulletin](https://lhscimmigration.com/immigration-news/5295/) - The DOS released its April 2026 Visa Bulletin, and USCIS has determined that all family-sponsored and employment-based preference categories may use the Dates for Filing charts in the Department of State Visa Bulletin for April 2026 to determine eligibility for filing an Application to Adjust Status. Next month’s charts appear below. A date listed for - [USCIS Imposes New Signature Requirements](https://lhscimmigration.com/immigration-news/alerts/uscis-imposes-new-signature-requirements/) - Effective July 10, 2026, DHS has issued a new rule affecting signatures on USCIS immigration benefit requests. If USCIS accepts an application and later determines that it lacked a valid signature, USCIS may now, in its discretion, reject or deny the application. What does this new rule mean for filing applications with USCIS? It gives - [Department of State Releases March 2026 Visa Bulletin](https://lhscimmigration.com/immigration-news/department-of-state-releases-march-2026-visa-bulletin/) - The DOS released its March 2026 Visa Bulletin, and USCIS has determined that all family-sponsored and employment-based preference categories may use the Dates for Filing charts in the Department of State Visa Bulletin for March 2026 to determine eligibility for filing an Application to Adjust Status. Next month’s charts appear below. A date listed for - [Fiscal Year 2027 H-1B Lottery](https://lhscimmigration.com/immigration-news/fiscal-year-2027-h-1b-lottery/) - The initial registration period for the fiscal year 2027 H-1B lottery has been set. Registrations will open at noon Eastern on March 4th, and will close at noon Eastern on March 19th. See below for more about what to expect during the H-1B lottery season (including the introduction of a weighted selection process), and please - [4 Things To Know About the House's New Immigration Bill](https://lhscimmigration.com/immigration-news/news/four-thing-to-know-about-the-house-immigration-bill/) - Even while much of the federal government is shut down, Congress remains open for business. And so yesterday House Democrats introduced a new comprehensive immigration reform bill. Here are four things to know about the bill, and its chances for passage: 1. It is very similar to the Senate bill that passed back in June - [ALERT: State Department To Pause Issuance of Immigrant Visas From 75 Countries](https://lhscimmigration.com/immigration-news/alerts/alert-state-department-to-cease-processing-immigrant-visas-from-75-countries/) - On January 14th, the Department of State issued a post on social media announcing that they would "pause immigrant visa processing from 75 countries whose migrants take welfare from the American people at unacceptable rates." Immigrant Visa applications allow those who qualify to apply for permanent residence while they are still living abroad. Once approved - [Department of State Releases February 2026 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/department-of-state-releases-february-2026-visa-bulletin/) - The DOS released its February 2026 Visa Bulletin, and USCIS has determined that all family-sponsored and employment-based preference categories may use the Dates for Filing charts in the Department of State Visa Bulletin for February 2026 to determine eligibility for filing an Application to Adjust Status. Next month’s charts appear below. A date listed for - [DHS Publishes Final Rule for Weighted H-1B Cap Lottery, Effective February 27, 2026](https://lhscimmigration.com/immigration-news/alerts/dhs-publishes-final-rule-for-weighted-h-1b-cap-lottery-effective-february-27-2026/) - USCIS is moving forward with significant changes to the H-1B selection process, slated to be effective February 27, 2026, and in place for the FY 2027 H-1B cap registration season. We had previously provided this update about the proposed rule and there are no changes from that version Link to the final rule: Federal Register - [USCIS Extends Processing Restrictions](https://lhscimmigration.com/uncategorized/uscis-extends-processing-restrictions/) - **UPDATE 1/5/2026** Following the administration’s decision from December to extend travel restrictions to an additional 20 countries (plus those travelling with documents issued by the Palestinian Authority), the government has now confirmed that it will also subject nationals of those additional countries to processing restrictions for certain applications submitted to USCIS. These processing restrictions were already in effect for - [Trump Administration Expands Travel Ban](https://lhscimmigration.com/immigration-news/alerts/trump-administration-expands-travel-ban/) - On December 16, 2025, President Trump signed a new Presidential Proclamation expanding travel restrictions. - [Reminder to Employers to Use New I-9 Form Effective May 7, 2013](https://lhscimmigration.com/immigration-news/alerts/new-i-9-version-reminder/) - On March 8, 2013, the USCIS released its new I-9 form. Please note that the prior versions of Form I-9 (Rev. 08/07/09 and 02/02/09) can no longer be used by the public effective May 7, 2013. The newly revised form is available online. The Federal Register publication announcing this new form provides the following key - [CBP Rolls Out New Automated I-94 System](https://lhscimmigration.com/immigration-news/alerts/cbp-rolls-out-new-automated-i-94-system/) - In a significant change in the arrival/departure process for non-immigrants, foreign travelers arriving in the United States via sea or air are no longer required to fill out an I-94 as they arrive, and they will not be given an I-94 card as they pass through inspection. Their passports will continue to be stamped, with - [Presentations on the New Immigration Law](https://lhscimmigration.com/immigration-news/news/presentations-on-the-new-immigration-law/) - If you are part of a community group, civic organization, or religious organization interested in the new immigration law, we would be happy to arrange to have a speaker from our office come and fill your group in on the impact of the new immigration law. We don’t know yet with certainty that the law - [The Visa Bulletin for July 2013](https://lhscimmigration.com/immigration-news/alerts/the-visa-bulletin-for-july-2013/) - The Visa Bulletin for July 2013 has been released and shows significant advance in the Employment based 3rd preference category with the exception of India and the Philippines. In general the 3rd preference category moved forward four months to January 1, 2009, and this was true as well for China 3rd preference. On the other - [Waiver of Family Adjustment Interviews](https://lhscimmigration.com/immigration-news/news/waiver-of-family-adjustment-interviews/) - In 2012 the USCIS announced a new policy of considering waiving final interviews for certain family based adjustment petitions. For example, if you as a citizen filed for your parents, the USCIS will consider waiving the final interview if you provide original documents or certified copies of documents. Similarly the USCIS will consider waiving the - [President Obama’s Speech in Support of Immigration Reform](https://lhscimmigration.com/immigration-news/news/president-obamas-speech-in-support-of-immigration-reform/) - In a speech earlier this morning at the White House, President Obama urged lawmakers who were "serious" about the issue to support a Senate bill and highlighted the economic benefits of changing the system. Reuters noted that the President has not given a major public address on immigration for quite some time, keeping with the - [Senate Votes to Debate Immigration Reform](https://lhscimmigration.com/immigration-news/news/senate-votes-to-debate-immigration-reform/) - Following President Obama’s speech earlier today, the U.S. Senate has voted to begin debate on the Senate Bill 744, with just 15 senators — all Republicans — objecting. As reported by NBC News, the preliminary 82-15 vote — which required 60 votes for passage — offers an initial show of strength for supporters of the - [The Pathway to Citizenship Begins to Take Shape](https://lhscimmigration.com/immigration-news/news/the-pathway-to-citizenship-begins-to-take-shape/) - No one knows exactly what the provisions for the pathway to citizenship for the undocumented will look like, or even whether it will become law, but the chances that it will pass are becoming stronger. At the same time we can begin to see what the pathway to citizenship will encompass. According to Senate Bill - [Research Shows Immigration Boosts Housing Market](https://lhscimmigration.com/immigration-news/news/research-shows-immigration-boosts-housing-market/) - From a report by the Americas Society/Council of the Americas and the Partnership for a New American Economy: Immigrant workers strengthen the housing market in three ways: They directly drive housing demand through their own purchasing power. The 40 million immigrants in the United States represent a powerful purchasing class—reflected by their demand for housing, - [CBO Estimate: Immigration Reform Would Cut $197 Billion from Deficit](https://lhscimmigration.com/immigration-news/news/cbo-estimate-immigration-reform-would-cut-197-billion-from-deficit/) - In a report released June 18th, the non-partisan Congressional Budget Office predicts that enacting the proposed immigration reform bill (S.744) "would generate changes in direct spending and revenues that would decrease federal budget deficits by $197 billion over the 2014–2023 period." Over the same period, the CBO predicts that Federal revenues would rise by $459 - [Border Security Deal Brings GOP Votes to Immigration Bill](https://lhscimmigration.com/immigration-news/news/border-security-deal-brings-gop-votes-to-immigration-bill/) - The NY Times reports that the deal "nearly doubles the current border patrol force to 40,000 agents from 21,000" at a cost of roughly $25 Billion, and will likely "attract the support of roughly 15 Republicans for the legislation." If the bill passes the Senate with broad bipartisan support, that would improve the bill's chances - [Immigration In The Media: This American Life](https://lhscimmigration.com/immigration-news/news/immigration-in-the-media-this-american-life/) - On Sunday, public radio show This American Life featured a story on immigration: "Reporter Michael May tells the story of activists from the National Immigrant Youth Alliance who intentionally got arrested for being undocumented. They believed if they could get inside the Broward Transitional Center in Florida, they could prevent lots of the immigrants there from - [Conservative Lobbying Group Pushes for Immigration Reform](https://lhscimmigration.com/immigration-news/news/conservative-lobbying-group-pushes-for-immigration-reform/) - The US Chamber of Commerce continued its strong push for immigration reform, unveiling a new ad urging Republicans and conservatives to support reform efforts: The ad, called “Conservative Leaders on Immigration Reform,” features Senator Marco Rubio, Congressman Paul Ryan, and Senator Rand Paul, three front-runners for the 2016 GOP presidential nomination. Earlier this month Chamber - [The Senate Immigration Bill: New Options for Legal Immigrants](https://lhscimmigration.com/immigration-news/news/the-senate-immigration-bill-new-options-for-legal-immigrants/) - While much of the debate over immigration reform has focused on border security and the pathway to citizenship, the Senate's proposed legislation (S.744, the Border Security, Economic Opportunity, and Immigration Modernization Act) would also affect many current and prospective legal immigrants were it to become law. Proposed changes include: Introducing a merit-based point system Applicants - [DOMA Ruling Removes Immigration Hurdle for Same-Sex Couples](https://lhscimmigration.com/immigration-news/news/doma-ruling-removes-immigration-hurdle-for-same-sex-couples/) - With today's news that the Supreme Court has struck down the Defense of Marriage Act (read the majority decision here), same-sex marriages (currently allowed in 12 states) will now be afforded full legal recognition from the Federal government. This means that for the first time, U.S. citizens and permanent residents will be able to sponsor - [Napolitano: "All married couples will be treated equally and fairly in the administration of our immigration laws."](https://lhscimmigration.com/immigration-news/news/napolitano-all-married-couples-will-be-treated-equally-and-fairly-in-the-administration-of-our-immigration-laws/) - TheHill.com reports: Department of Homeland Security Secretary Janet Napolitano on Wednesday praised the Supreme Court ruling striking down the heart of the federal Defense of Marriage Act (DOMA), and said she was working to extend same-sex benefits to legally married couples. "This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, - [S.744 Passes The Senate](https://lhscimmigration.com/immigration-news/news/s-744-passes-the-senate/) - S.744, the Border Security, Economic Opportunity, and Immigration Modernization Act, passed the Senate today with 68 votes (All 54 Democrats, plus 14 Republicans). This is historic news, as no comprehensive immigration reform bill has passed either chamber since 2006. However, reform efforts still face a difficult challenge, especially in light of Speaker John Boehner (R-Ohio) indicating that he - [New E-Verify Enhancement Allows Direct Notification to Employee](https://lhscimmigration.com/immigration-news/alerts/new-e-verify-enhancement-allows-direct-notification-to-employee/) - USCIS has announced its latest customer service enhancement to E-Verify that will allow direct notification to employees. Currently, if there is a record mismatch that needs to be resolved before the employee can be confirmed as work authorized, a Tentative Nonconfirmation (TNC) is issued to the employer, who must then contact the affected employee. Now, - [USCIS Issues Guidance on Implementation of Supreme Court Ruling on Defense of Marriage Act](https://lhscimmigration.com/immigration-news/alerts/uscis-issues-guidance-on-implementation-of-supreme-court-ruling-on-defense-of-marriage-act/) - Just posted on the website of the USCIS: Statement from Secretary of Homeland Security Janet Napolitano: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally - [Obtain Copy of Electronic I-94 Immediately After Arrival to the U.S.](https://lhscimmigration.com/immigration-news/alerts/obtain-copy-of-electronic-i-94-immediately-after-arrival-to-the-u-s/) - At the recent American Immigration Lawyers Association (AILA) annual conference, it was strongly advised that arriving immigrants obtain and print out their I-94 information as soon as possible after arriving in the United States. As explained in the May 20th posting on this website, most new arrivals no longer are given a paper I-94 form - [CBO: S.744 Could Cut Illegal Immigration In Half](https://lhscimmigration.com/immigration-news/news/cbo-s-744-could-cut-illegal-immigration-in-half/) - As reported by the Washington Post, the Congressional Budget Office has released an updated analysis of S.744, the Immigration Reform bill passed last week by the Senate. The CBO estimates that "net inflow [of unauthorized residents] would be reduced by between one-third and one-half compared with the projected net inflow under current law." - [August 2013 Visa Bulletin: F2A is current and EB2 India advances to January 1, 2008](https://lhscimmigration.com/immigration-news/alerts/august-2013-visa-bulletin-f2a-is-current-and-eb2-india-advances-to-january-1-2008/) - [Note: The October Visa Bulletin has been released. Please see the most up-to-date information here.] The Department of State has released the August 2013 Visa Bulletin. Here are the key updates: Family based preference categories: - The F2A category (spouses and unmarried children (under the age of 21) of lawful permanent residents) will be current for - [George W. Bush: Time to "fix a broken system"](https://lhscimmigration.com/immigration-news/news/george-w-bush-time-to-fix-a-broken-system/) - While not commenting directly on any proposed legislation, former President George W. Bush continues to speak in favor of immigration reform. Below are remarks he made during an interview with Jonathan Karl that aired on ABC this past Sunday: KARL: You tried very hard to get comprehensive immigration reform through. How big a missed opportunity will it - [GOP Opposition Threatens Immigration Reform in House](https://lhscimmigration.com/immigration-news/news/gop-opposition-threatens-immigration-reform-in-house/) - As reported by the USA Today, immigration reform is facing a tough road through the House of Representatives. Even broadly popular provisions (such as the DREAM Act) are finding resistance from many conservative republicans, including Tom Cotton, a newly-elected representative from Arkansas: "If they insist upon legalization before any of those steps, then it is - [NYT: Boehner Optimistic About Immigration Bill](https://lhscimmigration.com/immigration-news/news/nyt-boehner-optimistic-about-immigration-bill/) - The New York Times reports that Speaker John Boehner is using closed-door meetings to push House Republicans on Immigration Reform. His public remarks are also encouraging: “I think it’s going pretty well,” Mr. Boehner told reporters on Thursday. “We had a great conversation last week. The more this issue is around, the more action there is - [Menendez: Those Who Favor Immigration Legislation Must Be Heard in August](https://lhscimmigration.com/immigration-news/news/those-who-favor-immigration-legislation-must-be-heard-in-august/) - With the fate of immigration reform in the House of Representatives unclear, the upcoming August recess represents an important opportunity for constituents' voices to be heard. Senator Robert Menendez (D-NJ) tells the Washington Post that, “August is a month in which either legislative proposals die, or they survive,” and that those who favor immigration legislation must - [BIA reverses denial of I-130 petition filed on behalf of same-sex spouse](https://lhscimmigration.com/immigration-news/news/bia-reverses-denial-of-i-130-petition-filed-on-behalf-of-same-sex-spouse/) - The Board of Immigration Appeals has just released its first decision after the United States Supreme Court’s recent decision (United States v. Windsor, 133 S. Ct. 2675 (2013)) that found a significant portion of the Defense of Marriage Act unconstitutional. In Matter of Zeleniak, 26 I&N Dec. 158 (BIA 2013) the Board held that Section - [USCIS Releases "Same-Sex Marriages FAQ"](https://lhscimmigration.com/immigration-news/alerts/important-updates-from-uscis-regarding-doma-ruling/) - USCIS has issued the below guidance for frequently-asked-questions in light of last month's DOMA ruling: Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa? A1: Yes, you can file the petition. You may file a Form - [University of California Professor: I Spent 10 Years As An Illegal Immigrant](https://lhscimmigration.com/immigration-news/news/university-of-california-professor-i-spent-10-years-as-an-illegal-immigrant/) - Reza Aslan, a professor of creative writing at UC Riverside who has been in the news of late, made a surprising revelation on Real Time With Bill Maher last Friday: - [Facebook CEO: Immigration reform "is really important for the future of our country."](https://lhscimmigration.com/immigration-news/news/facebook-ceo-immigration-reform-is-really-important-for-the-future-of-our-country/) - Founder and CEO of Facebook Mark Zuckerberg doesn't often weigh in on politics and policy, but he has made his feelings on immigration reform very clear. From the San Francisco Chronicle: Facebook CEO Mark Zuckerberg took his first step on the national political stage Monday night when he joined publicly with tech leaders, civil rights activists and - [USCIS Transferring Some Pending Cases](https://lhscimmigration.com/immigration-news/alerts/uscis-transferring-some-pending-cases/) - USCIS is reporting that some currently pending cases are being transferred, to balance workloads across the service centers: If your case was transferred, USCIS will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change. You should reference your original receipt number and indicate - [Comprehensive Immigration Reform: Does The GOP Want It?](https://lhscimmigration.com/immigration-news/news/comprehensive-immigration-reform-does-the-gop-want-it/) - After years of laying the groundwork, after months of drafting legislation, and after deals were negotiated to bring in Republican support in the Senate, the fate of Comprehensive Immigration Reform comes down to one question: do House GOP leaders want it, or not? Greg Sargent at the Washington Post takes stock of the August recess, and - [September 2013 Visa Bulletin: F2A remains current; EB2 India advances to June 15, 2008; EB3 for All Other, Mexico, and China advances to July 1, 2010](https://lhscimmigration.com/immigration-news/alerts/september-2013-visa-bulletin-eb2-india-advances-to-june-15-2008-eb3-for-all-other-mexico-and-china-advances-to-july-1-2010/) - [Note: The October Visa Bulletin has been released. Please see the most up-to-date information here.] The Department of State has released the September 2013 Visa Bulletin. Here are the key updates: Family based preference categories: - The F2A category (spouses and unmarried children (under the age of 21) of lawful permanent residents) remains current for all - [Study: Deferred Action (DACA) Helping Longtime U.S. Residents](https://lhscimmigration.com/immigration-news/news/study-deferred-action-daca-helping-longtime-u-s-residents/) - The Obama Administration's Deferred Action for Childhood Arrivals program (DACA) was the executive branch response to the many repeated failings of Congress to pass the DREAM Act. DACA grants temporary (and renewable) legal status and work authorization to those who were brought to the United States illegally when they were children. With the program having been running for - [Phone Scam Targets USCIS Petitioners and Applicants](https://lhscimmigration.com/immigration-news/alerts/phone-scam-targets-uscis-petitioners-and-applicants/) - The U.S. Citizenship and Immigration Services (USCIS) has just released a warning regarding a new telephone scam targeting USCIS applicants and petitioners. Scammers are using a technique called “Caller ID spoofing” to display a misleading or inaccurate phone number in a recipient’s Caller ID. The scammer poses as a USCIS official and requests personal information - [Anti-immigration Rallies Marked By No-shows](https://lhscimmigration.com/immigration-news/news/anti-immigration-rallies-marked-by-no-shows/) - The current congressional recess will represent a small but important victory for immigration reform advocates. Anti-reform activists had hoped to see a repeat of August 2009, when Tea Party groups rallied opposition to Obamacare with marches, protests, and repeated confrontations with lawmakers. But while protests the were planned, it seems that no one is showing up. - [New Immigrant Visa Application Procedure: Form DS-260](https://lhscimmigration.com/immigration-news/alerts/new-immigrant-visa-application-procedure-form-ds-260/) - As of September 3, 2013, the National Visa Center will no longer accept immigrant visa applications on forms DS-230 and DS-3032. All immigrant visa applications will need to use Form DS-260 (Application for Immigrant Visa and Alien Registration), which is completed and submitted online (see ceac.state.gov). In addition, some applicants who previously submitted Form DS-230 may - [Is Immigration Reform Likely to Pass This Year?](https://lhscimmigration.com/immigration-news/news/is-immigration-reform-likely-to-pass-this-year/) - As the congressional recess draws to a close, momentum seems to be building for immigration reform. Tea Party affiliated protests against the bipartisan Senate bill (S.744) did not materialize, while pro-reform rallies were well attended throughout the country. Diverse businesses interests have lined up to support the bill, including the Republican-allied U.S. Chamber of Commerce, and - [How Immigrants (Even Unskilled Immigrants) Raise Wages For Everyone](https://lhscimmigration.com/immigration-news/news/how-immigrants-even-unskilled-immigrants-raise-wages-for-everyone/) - A recent Danish study concluded that native workers across the income spectrum benefited from increased immigration of non-EU low-skilled workers into Denmark : "We find that the increased supply of non-EU low skilled immigrants pushed native workers to pursue more complex occupations. This reallocation happened mainly through movement across firms. Immigration increased mobility of natives - [Immigration Reform Takes a Back Seat in Congress](https://lhscimmigration.com/immigration-news/news/immigration-reform-takes-a-back-seat-in-congress/) - The New York Times is reporting that immigration reform may not be taken up by the House of Representatives until the end of the year: "Congress is likely to postpone consideration of an immigration overhaul until the end of the year, if not longer, even as advocates are preparing for an all-out, urgent push this - [USCIS Implements Customer Identity Verification at Field Offices](https://lhscimmigration.com/immigration-news/alerts/uscis-implements-customer-identity-verification-at-field-offices/) - Beginning September 9, 2013, USCIS will employ a new verification tool called Customer Identity Verification (CIV) in its field offices. Applicants will now submit biometric data, specifically fingerprints and photographs, when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. Note: applicants will continue to also be required to have - [October Visa Bulletin: F2A No Longer Current; Little or No Movement Across EB2 and EB3](https://lhscimmigration.com/immigration-news/alerts/october-visa-bulletin-f2a-no-longer-current-little-or-no-movement-across-eb2-and-eb3/) - The Department of State has released the October 2013 Visa Bulletin, and it shows less movement than in past months. Family-based preference categories: F1 will advance 2-3 weeks (all regions) F2A will pause at September 8th, 2013 (all regions) F2B will advance 2 weeks (all regions) F3 will advance 1 week for Mexico and the - [California Domestic Workers Win Rare Victory](https://lhscimmigration.com/immigration-news/news/california-domestic-workers-win-rare-victory/) - Yesterday the California state senate passed the Domestic Worker Bill of Rights, which now heads to Governor Jerry Brown's desk. Though he vetoed a similar bill in his previous stint as Governor, most expect he will sign this bill into law. From TPM: "If signed into law, the bill would give these workers the guarantee of overtime pay, - [Current Immigration Law Promotes Gender Inequality](https://lhscimmigration.com/immigration-news/news/current-immigration-law-promotes-gender-inequality/) - At this moment, over 100 women are being arrested outside of the House of Representatives as part of an effort to raise awareness about the particular challenges women face when they move to the United States. As pointed out in an editorial (very much worth reading in full) by Ai-jen Poo (Director of the National Domestic - [Want to Increase U.S. Manufacturing? Increase Immigration.](https://lhscimmigration.com/immigration-news/news/want-to-increase-u-s-manufacturing-increase-immigration/) - Adding to the mountain of evidence that immigration is a crucial driver of the U.S. economy, the Americas Society/Council of the Americas and Partnership for a New American Economy recently released a study looking at the impact of immigration in 3,000 U.S. counties. From the study's summary: For every 1,000 immigrants living in a county, 46 manufacturing jobs are created or - [Diversity Immigrant Visa Program (DV-2015) Entry Period Begins October 1st](https://lhscimmigration.com/immigration-news/alerts/diversity-immigrant-visa-program-dv-2015-entry-period-begins-october-1st/) - The entry period for the 2015 Diversity Visa Lottery will begin on October 1, 2013 at noon EST. Entries must be submitted electronically at through the DV Lottery website by November 2, 2013 at noon EST. For 2015 there will be 50,000 diversity visas available through the lottery. To read more about the Diversity Immigrant Visa Program, including - [Obamacare's Biggest Flaw](https://lhscimmigration.com/immigration-news/news/obamacares-biggest-flaw/) - The Affordable Care Act, affectionately and derisively and forever known as Obamacare, opens for enrollment in two weeks. Americans remain deeply confused about what the law means and how it will impact their lives. Which makes sense; the ACA is a wide-ranging and complex law, and it will mean different things for different people. If - [UPDATE: Bipartisan Bill Extends Visa Program for Iraqi Allies](https://lhscimmigration.com/immigration-news/news/clock-runs-out-for-iraqi-allies/) - ***UPDATE - October 3, 2013*** Good news, as reported by the Washington Post: "The Iraqi Special Immigrant Visa Program, which expired at the end of the fiscal year, received an unlikely lifeline Wednesday night as the House of Representatives approved a bill to extend it temporarily, matching a similar initiative the Senate pushed through Monday....Lawmakers - [If The Government Shuts Down](https://lhscimmigration.com/immigration-news/alerts/if-the-government-shuts-down/) - It is looking increasingly likely that Congress will fail to pass a continuing resolution before October 1, causing a shutdown of the federal government. USCIS, which gets its operating budget from application fees, would be able to continue operating during a shutdown. However, other immigration-related services may face interruption. From AILA: USCIS: Update: USCIS has - [DS-160 Nonimmigrant Visa Electronic Application Now Mandatory for K-1 Fiancé(e) Visa Applications](https://lhscimmigration.com/immigration-news/alerts/ds-160-nonimmigrant-visa-electronic-application-now-mandatory-for-k-1-fiancee-visa-applications/) - As of today, anyone who wishes to apply for a K-1 or K-2 visa must submit the DS-160 Nonimmigrant Visa Electronic Application. The DS-160 replaces the old DS-156 and the DS-156K (Nonimmigrant Fiance Visa Application), as well as the paper-based DS-230. Please note that this change is only related to the Department of State forms. USCIS still requires the - [November Visa Bulletin: Incremental movement across most categories, including a 3 month jump for EB-3 China; no movement for EB-2 India, EB-3 India, or F2A](https://lhscimmigration.com/immigration-news/alerts/november-visa-bulletin-incremental-movement-across-most-categories-including-a-3-month-jump-for-eb-3-china-no-movement-for-eb-2-india-eb-3-india-or-f2a/) - The Department of State has released the November Visa Bulletin, which shows incremental movement across most categories. Family-based preference categories: F1 will advance 3 weeks for regions other than Mexico and the Philippines, which stay at July 1, 2001. F2A remains paused at September 8th, 2013 (all regions) for the 2nd consecutive month. F2B will - [As Debt Ceiling and Shutdown Crises Near An End, Obama Resumes Immigration Push](https://lhscimmigration.com/immigration-news/news/as-debt-ceiling-and-shutdown-crises-near-an-end-obama-resumes-immigration-push/) - The twin manufactured crises that have been the sole focus in Washington for weeks (the debt ceiling and the government shutdown) appear to be finally headed towards resolution. Reports early Wednesday indicate that Speaker Boehner is willing to vote first on the Senate-crafted bill to reopen the government and raise the debt ceiling. This could - [The Benefits of Immigration: Sichuan Food in Cleveland](https://lhscimmigration.com/immigration-news/news/the-benefits-of-immigration-sichuan-food-in-cleveland/) - Economics blogger Matthew Yglesias has long argued that we should take the food service industry more seriously. Food service companies drive economic growth, they are relentlessly innovative, and they provide meaningful opportunities for career advancement. It is also perhaps the one sector of the economy where we are united as a country in acknowledging the value of immigration. We - [Increase Immigration Before Cutting Social Security Spending](https://lhscimmigration.com/immigration-news/news/dont-cut-social-security-increase-immigration/) - The problem with the Social Security, Medicare, and Medicaid programs is that far more people will be collecting benefits than will be paying in to the system in the coming decades. This situation did not sneak up on us - remember Al Gore's lockbox from the 2000 presidential campaign? - but we're getting closer to - [USCIS Transfers Certain Pending I-130 Petitions to the National Benefits Center](https://lhscimmigration.com/immigration-news/alerts/uscis-transfers-certain-pending-i-130-petitions-to-the-national-benefits-center/) - USCIS has announced that they are transferring certain already-filed I-130 petitions to the National Benefits Center in an attempt to "balance the workload." From their message to stakeholders: USCIS recently began transferring some casework from the National Benefits Center to the Nebraska, Texas and California Service Centers to balance overall operational workload. The affected casework - [Infosys faces record immigration fine](https://lhscimmigration.com/immigration-news/news/infosys-faces-record-immigration-fine/) - As reported in the Wall Street Journal today and on many other news outlets, an immigration investigation by the Department of Homeland Security and the Department of State has resulted in a fine of approximately $35 million levied against Infosys, an India-based outsourcing company which provides computing and other technology services to U.S. clients. The - [December Visa Bulletin: EB2 India retrogresses; EB3 China, Mexico & “Other” advance 1 full year](https://lhscimmigration.com/immigration-news/alerts/december-visa-bulletin-eb2-india-retrogresses-eb3-china-mexico-other-advance-1-full-year/) - The Department of State has released the December Visa Bulletin, and it contains some fairly big news: priority dates for the third preference employment-based categories (EB3) advanced by a full year for China, Mexico, and "All Other." Meanwhile, employment-based categories for India (EB2 & EB3) moved in the opposite direction, with the EB2 cutoff date - [Is Immigration Reform Dead?](https://lhscimmigration.com/immigration-news/news/is-immigration-reform-dead/) - Last week saw a flurry of stories with headlines like "Obama renews push for immigration overhaul," "Obama meets with CEOs to push immigration reform," and "Chamber of Commerce, Bloomberg push immigration reform." These articles were notable because they demonstrated the strength, breadth, and commitment of the pro-reform lobby, but they were quite useless as actual - [Revised Form I-821D Is Now Mandatory For All DACA Applications](https://lhscimmigration.com/immigration-news/alerts/revised-form-i-821d-is-now-mandatory-for-all-daca-applications/) - In June, USCIS released an update of Form I-821D, the form used to apply for Deferred Action for Childhood Arrivals (DACA). Use of the updated form is now mandatory, and applications made using prior versions of the form will be rejected. From the USCIS Public Engagement Division: We would like to remind you that a revised - [Obama Sidesteps Deportation Question](https://lhscimmigration.com/immigration-news/news/obama-sidesteps-deportation-question/) - While immigration reform has little chance of passing in the 113th Congress, President Obama has given the issue consistent attention. Less than a year after his election, he ended the travel and immigration ban for HIV positive foreign nationals (with an assist from the Bush administration). Last year, he issued a memorandum allowing for Deferred Action for - ["I'll be trying to get this sticky immigration situation worked out."](https://lhscimmigration.com/immigration-news/news/ill-be-trying-to-get-this-sticky-immigration-situation-worked-out/) - So says Rebecca Tallent regarding her recent hire as a legislative assistant to Speaker John Boehner. Ms. Tallent previously served as Chief of Staff to Senator John McCain, and was most recently the director of immigration policy at the Bipartisan Policy Center. Given Ms. Tallent's history working to get Republicans on board with immigration reform, her - [Pope Francis: We pray for a heart which will embrace immigrants.](https://lhscimmigration.com/immigration-news/news/pope-francis-we-pray-for-a-heart-which-will-embrace-immigrants/) - Pope Francis was just named Time Magazine's Person of the Year for, among other things, "pulling the papacy out of the palace and into the streets." There is plenty of debate both inside and outside of the Catholic Church about just how much change Pope Francis actually represents. Is he a revolutionary, altering and challenging - [January Visa Bulletin: F2A stays at 9/8/2013, while other Family-Based categories inch forwards; EB-3 advances 6 months (except for India); EB-3 remains ahead of EB-2 for Chinese nationals](https://lhscimmigration.com/immigration-news/alerts/january-visa-bulletin-f2a-stays-at-982013-while-other-family-based-categories-inch-forwards-eb-3-advances-6-months-except-for-india-eb-3-remains-ahead-of-eb-2-for-chinese-nationals/) - The Department of State has released the January Visa Bulletin, which shows incremental advancement in cutoff dates for most Family-Based categories, and a 6-month jump forward in cutoff dates for all EB-3 categories (except India). Family-Based Categories Mexican Family-Based categories were static other than F4, which saw a small 10 day advancement. Most other categories saw - [Department of State Warns of Retrogression for F2A Cutoff Dates](https://lhscimmigration.com/immigration-news/alerts/department-of-state-warns-of-retrogression-for-f2a-cutoff-dates/) - The American Immigration Lawyers Association was recently informed by the State Department that, due to high demand, F2A cutoff dates are likely to retrogress across all regions sometime in 2014, with retrogression coming soon for Mexico. From AILA: "Due to the demand of F2A visas by Mexican nationals, the Mexico F2A visa preference category is - [February Visa Bulletin: F2B Mexico Retrogresses; Most Categories See Small Advancements; F2A and India EB Categories Static](https://lhscimmigration.com/immigration-news/alerts/february-visa-bulletin-f2b-mexico-retrogresses-most-categories-see-small-advancements-f2a-and-india-eb-categories-static/) - The Department of State has released the February Visa Bulletin. F2A and all employment-based categories for India will be unchanged, while most other categories will see incremental cutoff date advancement of between 2 weeks and 2 months. However, F2B Mexico will retrogress by nearly one full year in response to heavy demand, and, while it - [Cracks Emerge in Immigration Reform Coalition](https://lhscimmigration.com/immigration-news/news/cracks-emerge-in-immigration-reform-coaltion/) - When it became clear that Speaker Boehner was planning to introduce a series of small standalone immigration bills (rather a single broad reform bill), we speculated that this would test the strength of the reform coalition. The reform coalition is wildly diverse, and only a fraction of it is concerned with "immigration reform" writ large. - [Boehner's New Immigration Plan: A Ploy Worth Considering?](https://lhscimmigration.com/immigration-news/news/boehners-new-immigration-plan-a-ploy-worth-considering/) - For decades, the main sticking point in negotiations over immigration reform has been the fate of undocumented immigrants currently residing in the United States. Conservatives have been unwilling to consider a pathway to citizenship, arguing that such a policy is unfair to the millions of immigrants who have followed the rules (they have also made - [Can Democrats Avoid Negotiating With Themselves?](https://lhscimmigration.com/immigration-news/news/can-democrats-avoid-negotiating-with-themselves/) - On his last day over at Slate, Matthew Yglesias offers some good advice to President Obama on negotiating any immigration reform deal based on the House Republican’s “immigration principles”: We've time and again seen the political problems with preemptive compromise in this administration. The absolute best way to destroy conservative support for a legal status - [March Visa Bulletin - Retrogression for F2A Mexico; EB3 advances for all regions; No movement for EB2 India](https://lhscimmigration.com/immigration-news/alerts/march-visa-bulletin-retrogression-for-f2a-mexico-eb3-advances-for-all-regions-no-movement-for-eb2-india/) - The long promised retrogression for F2A Mexico will happen in March, according to the Department of Labor's newest update to the Visa Bulletin. Meanwhile, all EB3 regions will see advancement of cutoff dates, with China, Mexico, and "All Other" moving forward by 3 months. See below for a complete breakdown of the Visa Bulletin, plus - [April Visa Bulletin: India EB2, India EB3, and F2A (all regions) do not advance; no further retrogressions in any category](https://lhscimmigration.com/immigration-news/alerts/april-visa-bulletin-india-eb2-india-eb3-and-f2a-all-regions-do-not-advance-no-further-retrogressions-in-any-category/) - The Department of State has released the April visa bulletin, which shows no dramatic movement for any employment- or family-based preference categories. The largest cutoff date advancements were seen for the Philippines. Family-Based Categories F2A cutoff dates will remain static for all regions. Most other categories will see cutoff dates advance 1-6 weeks, with the - [Obama Administration To Allow Employment Authorization for Some H-4 Spouses **UPDATED**](https://lhscimmigration.com/immigration-news/news/obama-administration-will-allow-employment-authorization-for-some-h-4-spouses/) - We wrote back in April (see the original piece below) that the Obama Administration was planning on allowing some H-4 spouses to apply for employment authorization. However, at the time it wasn't clear which H-4 spouses would be eligible. Today, the Department of Homeland Security offered some clarification. Once the rules are changed, H-4 nonimmigrants will - [American Wins Boston Marathon for First Time in 31 Years](https://lhscimmigration.com/immigration-news/news/american-wins-boston-marathon-for-first-time-in-31-years/) - Meb Keflezighi has won the 2014 Boston Marathon, becoming the first American male to win since 1983. Born in Eritrea during its 30-year war for independence from Ethiopia, Meb arrived in the U.S. as a 12-year old, having never previously competed in distance running. From an interview Meb gave to Asylum Access in June 2013: - [May Visa Bulletin: Philippines F-1 and EB-3 see significant advances; F-2A is static for all regions; little movement for most EB-2 or EB-3 regions](https://lhscimmigration.com/immigration-news/alerts/may-visa-bulletin-philippines-f-1-and-eb-3-see-significant-advances-f-2a-is-static-for-all-regions-little-movement-for-most-eb-2-or-eb-3-regions/) - The Department of State has released the May update to the Visa Bulletin. Employment-based categories moved very little compared with recent months. On the positive side, F-2B cutoff dates advanced over three months for many regions, and the Philippines saw significant advancement in both Family-based and employment-based categories. See the April cutoff dates here. Family-Based Categories F-2A was again - [Philadelphia Police No Longer Cooperating With ICE on Deportation Holds](https://lhscimmigration.com/immigration-news/news/philadelphia-police-no-longer-cooperating-with-ice-on-deportation-holds/) - Philadelphia Mayor Michael Nutter recently announced that the Philadelphia Police Department would no longer comply with most hold requests from Immigration & Customs Enforcement (ICE). This follows similar announcements from all around the country in the past few months. It is pretty unusual to have a mayor hold a press conference to declare that he - [Reminder: Updated N-400 Form Now Mandatory for Naturalization Applications](https://lhscimmigration.com/immigration-news/alerts/reminder-updated-n-400-form-now-mandatory-for-naturalization-applications/) - Back in February, USCIS released an updated version of the Naturalization Application, Form N-400. As of next week, USCIS will no longer accept the old version of the form. The new version of the form is 21 pages long (the first page is shown below), and has a revision date of 09/13/2013. Unless you are - [June Visa Bulletin: Extreme Retrogression for China EB-3; Retrogression of 1+ Years for Mexico and "All Other" EB-3, and for all F2-A Chargeability Areas](https://lhscimmigration.com/immigration-news/alerts/june-visa-bulletin-extreme-retrogression-for-china-eb-3-retrogression-of-1-years-for-mexico-and-all-other-eb-3-and-for-all-f2-a-chargeability-areas/) - The June Visa Bulletin has just been released, and it has bad news for many who were hoping to be eligible for adjustment of status to permanent residence in the coming months. Unfortunately, the Department of State warns that this may not be the last round of retrogressions this year, so anyone whose priority dates - [July Visa Bulletin: India EB-2 Jumps Ahead Nearly Four Years; No Further Retrogressions for EB-3 or F-2A Categories](https://lhscimmigration.com/immigration-news/alerts/july-visa-bulletin-india-eb-2-jumps-ahead-nearly-four-years-no-further-retrogressions-for-eb-3-or-f-2a-categories/) - The July Visa Bulletin has been released by the Department of States. The big news is India's EB-2 category, which will move from November 15, 2004 all the way to September 1, 2008, a jump of nearly 4 years. A few other employment-based categories will see small advancements, though most will be static. Many family-based categories will - [August Visa Bulletin: No Retrogression; Philippines F-1, Philippines EB-3, China EB-2 and China EB-3 all advance by over 1 year; India EB-2 continues significant advancement](https://lhscimmigration.com/immigration-news/alerts/august-visa-bulletin-no-retrogression-philippines-f-1-philippines-eb-3-china-eb-2-and-china-eb-3-all-advance-by-over-1-year-india-eb-2-continues-significant-advancement/) - The Department of State has released its August update to the Visa Bulletin, and it contains good news for many applicants from China and the Philippines, each of which saw multiple categories advance 1 year or more. Many other categories will see advancement of a month or more, though F-2A continues to be static across - [Obama Considering Executive Action on Immigration](https://lhscimmigration.com/immigration-news/news/obama-considering-executive-action-on-immigration/) - With chances of comprehensive immigration reform seemingly dead, President Obama has been threatening to take executive action to address some of the many shortcomings of our current immigration system. While early reports indicated that the Administration was considering small but needed proposals (such as extending work authorization rights to some H-4 visa holders, or marginally - [September Visa Bulletin: F2A Advances 8 Months Or More; India EB-2 Advances 3+ Months; Philippines EB-2 & EB-3 Advance 10 Months](https://lhscimmigration.com/immigration-news/alerts/september-visa-bulletin-f2a-advances-8-months-or-more-india-eb-2-advances-3-months-philippines-eb-2-eb-3-advance-10-months/) - The September Visa Bulletin has been released by the Department of State. Most Family-Based categories will advance a month or more, with F-2 categories moving up 8 months or more. Employment-Based categories were mostly static, except for India's EB-2 category, which will move up more than 3 months to May 1, 2009, and The Philippines - [After Another Delay, Obama Admin Privately Assures Executive Action on Immigration in 2014](https://lhscimmigration.com/immigration-news/news/after-another-delay-obama-admin-privately-assures-executive-action-on-immigration-in-2014/) - With the race for the Senate hinging on states where immigration is unpopular, the Obama Administration bowed to pressure to delay long-planned executive actions until after the November elections. From the Washington Post: White House officials acknowledged the deep concerns inside the party and emphasized that the decision to delay was also driven by the calculation that - [October Visa Bulletin: Department of State Warns of Coming Retrogression for India EB-2; 5-6 Month Advancement for China EB-3, Mexico EB-3, and Philippines EB-3](https://lhscimmigration.com/immigration-news/alerts/october-visa-bulletin-department-of-state-warns-of-coming-retrogression-for-india-eb-2-5-6-month-advancement-for-china-eb-3-mexico-eb-3-and-philippines-eb-3/) - The October Visa Bulletin has been released by the Department of State. Every single Family-Based category will advance at least 1 week, with most categories advancing between two weeks and one month. Employment-Based categories made significant advancements, except for India (all categories) and China EB-3. Additional details, plus the complete visa bulletin charts, are below. - [Jon Landau named "Immigration Lawyer of the Year" for Philadelphia by The Best Lawyers in America](https://lhscimmigration.com/immigration-news/news/the-best-lawyers-in-america-selects-jon-landau-as-immigration-lawyer-of-the-year-for-philadelphia-by/) - We are proud to announce that Jon Landau has been recognized by The Best Lawyers of America as the 2015 Immigration Lawyer of the Year for Philadelphia. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year" by Best Lawyers. Both Jon Landau and Nicole - [2016 Diversity Visa Lottery Program Announced](https://lhscimmigration.com/immigration-news/alerts/2016-diversity-visa-lottery-program-announced/) - The entry period for the 2016 Diversity Visa Lottery will begin on October 1, 2014 at noon EST. Entries must be submitted electronically through the DV Lottery website by November 3, 2014 at noon EST. For 2016 there will be 50,000 diversity visas available through the lottery. To read more about the Diversity Immigrant Visa Program, including eligibility requirements, - [November Visa Bulletin: Major Retrogression for India EB-2; Nine Month Advancement for China EB-3](https://lhscimmigration.com/immigration-news/alerts/november-visa-bulletin-major-retrogression-for-india-eb-2-nine-month-advancement-for-china-eb-3/) - The November Visa Bulletin has been released by the Department of State. Every single Family-Based category will advance at least 1 week, with most categories advancing between two weeks and one month. In the Employment-Based categories, there is over a four year retrogression for EB2 India from May 1, 2009 to February 15, 2005. China - [Camden County holds forum on driving privileges for undocumented residents](https://lhscimmigration.com/immigration-news/news/camden-county-holds-forum-on-driving-privileges-for-undocumented-residents/) - On the heels of a new, non-binding resolution making the Camden City Council the first governing body in New Jersey to support driving privilege cards for undocumented residents, a Wednesday night forum held on the same topic drew over 300 participants. The Philadelphia Inquirer reports: The event, organized by Camden County and held at St. - [Obama Promises Executive Action on Immigration, Despite Midterm Losses](https://lhscimmigration.com/immigration-news/news/obama-promises-executive-action-on-immigration-despite-midterm-losses/) - Votes are still being counted, but the overall picture of the 2014 midterms is clear: Republicans won control of the Senate, extended their lead in the House of Representatives, and even won a number of Governors races they were expected to lose. This was always going to be a rough election for Democrats, who struggle - [December 2014 Visa Bulletin: 5+ month advancement for EB3 China, Mexico and Phillipines](https://lhscimmigration.com/immigration-news/alerts/december-2014-visa-bulletin-5-month-advancement-for-eb3-china-mexico-and-phillipines/) - The December Visa Bulletin has been released by the Department of State. Every single Family-Based category will advance at least 1 week, with most categories advancing between two weeks and one month. F2A Mexico advanced over 3 months, from September 22, 2012 to January 1, 2013. In the Employment-Based categories, EB3 and Other Workers in - [Details of Immigration Plan Still Being Decided, Announcement Expected Soon](https://lhscimmigration.com/immigration-news/news/details-of-immigration-plan-still-being-decided/) - Yesterday, Fox News reported the claims of an anonymous source "close to the White House" regarding the Obama administration's planned executive actions on immigration. The White House maintains that the details are still being worked out, but the leaked plan is very similar to proposals that have been discussed since the Summer, including plans to: Expand - [Deportation Relief in Obama's Upcoming Immigration Plan](https://lhscimmigration.com/immigration-news/news/deportation-relief-in-obamas-upcoming-immigration-plan/) - It has been widely reported that the Obama administration's executive actions on immigration will expand deportation relief ("deferred action") to millions of immigrants who are not currently eligible. Exactly how many millions is not yet clear, though many articles are saying "up to five million." However, as pointed out by Dara Lind at Vox.com, that - [BREAKING: President Obama to Announce Immigration Reform in a Primetime Address, Thursday November 20th](https://lhscimmigration.com/immigration-news/news/breaking-president-obama-to-announce-immigration-reform-in-a-primetime-address-thursday-november-20th/) - The White House posted the following announcement to their Facebook page at 1PM ET today: Post by The White House. The address will be streamed live from WhiteHouse.gov/Live starting at 8PM ET; it is not yet clear how many networks will be broadcasting it. In addition to tomorrow's speech, the President has scheduled a - [18 Month Temporary Protected Status Announced for Liberia, Guinea, and Sierra Leone](https://lhscimmigration.com/immigration-news/alerts/18-month-temporary-protected-status-announced-for-liberia-guinea-and-sierra-leon/) - The Department of Homeland Security has announced an 18 month designation for Temporary Protected Status (TPS) for nationals of Liberia, Guinea, and Sierra Leone due to the recent outbreak of Ebola in those countries. Registration for TPS begins on November 21, 2014 and lasts 180 days, until May 20, 2015. The 18 month period also - ["We Were Strangers Once Too"](https://lhscimmigration.com/immigration-news/news/we-were-strangers-once-too/) - President Obama used his address to the nation Thursday night to broadly outline his planned changes to immigration policy, but he spent most of his time making his case in human terms. The speech was light on specifics, but he indicated that his plan would focus on the following three policy goals: Further strengthening border - [Reported Details of Immigration Reform](https://lhscimmigration.com/immigration-news/news/reported-details-of-immigration-reform/) - ***UPDATE*** For up-to-date information on Obama's immigration reform efforts, please see our Immigration Reform page. --------------- Shortly after his speech concluded Thursday night, details of President Obama's plans for immigration reform began to emerge. Notable among those details: As previously announced, H-4 visa holders will be able to apply for Employment Authorization cards (EADs) if - [January 2015 Visa Bulletin: Significant advancement for most EB2 and EB3 categories](https://lhscimmigration.com/immigration-news/alerts/january-2015-visa-bulletin-little-to-no-advancement-for-india-eb2-and-eb3-7-month-jump-for-mexico-and-philipines/) - The January Visa Bulletin has been released by the Department of State. Every single Family-Based category will advance at least 1 week, with most categories advancing between two weeks and one month. In Employment-Based categories, EB3 "Other Workers" in all other areas advanced 7 months to June 1, 2013. China EB3 saw a 9 month advance to - [February 2015 Visa Bulletin: India EB2 Advances 7 Months](https://lhscimmigration.com/immigration-news/alerts/february-2015-visa-bulletin-india-eb2-advances-7-months/) - The February Visa Bulletin has been released by the Department of State. Continuing a recent pattern, every single Family-Based category will advance at least 1 week, with most categories advancing between two weeks and one month. In Employment-Based categories, India EB2 advanced 7 months to September 1, 2005. EB3 and "Other Workers" from Mexico, the Philippines, - [Details of the Proposed DAPA Program & DACA Expansion](https://lhscimmigration.com/immigration-news/alerts/what-is-in-obamas-immigration-reform-uscis-provides-details/) - *** NOTE: As per the Supreme Court's decision in United States v. Texas (announced on June 23, 2016), neither DAPA nor the expansion to DACA can be implemented. The original page explaining these programs is below, but please keep in mind that these programs appear unlikely to ever take effect. The original DACA program was - [March 2015 Visa Bulletin: India EB2 advances 15 months](https://lhscimmigration.com/immigration-news/alerts/march-2015-visa-bulletin-india-eb2-advances-15-months/) - The March Visa Bulletin has been released by the Department of State. Continuing a recent pattern, every single Family-Based category will advance at least 1 week, with most categories advancing between two weeks and one month. In Employment-Based categories, India EB2 advanced 15 months to January 1, 2007, while India EB3 advanced one week. EB3 and "Other - [BREAKING: Judge Delays Expansion of DACA Program](https://lhscimmigration.com/immigration-news/alerts/breaking-judge-delays-expansion-of-daca-program/) - A ruling issued by Federal Judge Andrew Hannen will delay expansion of the Deferred Action for Childhood Arrivals (DACA) program, and could delay implementation of some of the new programs created by President Obama's executive actions. Judge Hannen has issued this injunction based on what he considers to be the government's failure to comply with the - [Employment Authorization Finally Coming for (Some) H-4s](https://lhscimmigration.com/immigration-news/alerts/employment-authorization-finally-coming-for-some-h-4s/) - Well before last year's big announcement that President Obama would be taking executive action on immigration reform, the administration had already announced one big change: certain H-4 visa holders - all of whom are currently ineligible for any sort of work authorization - would be given the opportunity to apply for Employment Authorization Documents (EADs). - [April Visa Bulletin: China EB-2 finally moves ahead of China EB-3; big advance for India EB-2 and many other employment-based categories; moderate progress for most family-based categories](https://lhscimmigration.com/immigration-news/alerts/april-visa-bulletin-china-eb-2-finally-moves-ahead-of-china-eb-3-big-advance-for-india-eb-2-and-many-other-employment-based-categories-moderate-progress-for-most-family-based-categories/) - There is quite a bit of movement in April's visa bulletin, particularly in employment-based categories. For the first time in a long time, China's EB-2 preference category is closer to current than its EB-3 category, thanks to a 7 month advancement for the former, and a 9+ month retrogression for the latter. Most other employment-based - [H-1B Cap Reached](https://lhscimmigration.com/immigration-news/news/h-1b-cap-reached/) - For the third straight year, the H-1B Cap has been filled in the first week in which cap-subject H-1B petitions are accepted (April 1 - 7). USCIS will run a random lottery to determine which of the petitions received during this week will be accepted under the cap and processed. The current annual cap on - [USCIS Completes 2016 H-1B Cap Random Selection, Premium Processing to begin April 27](https://lhscimmigration.com/immigration-news/alerts/uscis-completes-2016-h-1b-cap-random-selection-premium-processing-to-begin-april-27/) - The USCIS is reporting that is has completed the random selection of all 2016 cap subject H-1B petitions. There were nearly 233,000 petitions submitted in total. 65,000 petitions were selected under the general-category cap, in addition to another 20,000 from the Master's cap. The USCIS selected the Master's cap petitions first, after which the unselected - [May Visa Bulletin: Major Retrogression for Philippines EB3 and "Other Workers"](https://lhscimmigration.com/immigration-news/alerts/may-visa-bulletin-major-retrogression-for-philippines-eb3-and-other-workers/) - The May Visa Bulletin has been released by the Department of State. Continuing a recent pattern, most Family-Based categories will advance at least 1 week, with most categories advancing between two weeks and one month. In Employment-Based categories, China EB2 and EB3 advanced 14 months and 5 months respectively. India EB2 advanced 7 months to April - [June Visa Bulletin: EB-2 China advances 1 full year](https://lhscimmigration.com/immigration-news/alerts/june-visa-bulletin-eb-2-china-advances-1-full-year/) - The June visa bulletin has been released by the Department of State, and contains notable movement in priority date cutoffs for multiple categories: F-1 Philippines will retrogress 5 years F-4 Mexico will retrogress 4.5 months EB-2 China will progress 1 year EB-2 India will progress 5.5 months EB-3 China will progress 4 months EB-3 and - [USCIS Will Accept H-4 EAD Applications Starting Next Tuesday; Releases FAQ](https://lhscimmigration.com/immigration-news/news/uscis-will-accept-h-4-ead-applications-starting-next-tuesday-releases-faq/) - With applications for USCIS's new H-4 EAD program being accepted as early as next Tuesday, USCIS has released additional information on the program, including answers to some frequently-asked questions regarding eligibility and application procedures. Click here to read the FAQ in full. Among the clarifications and answers: This is not a one-time opportunity; applicants can - [Report: Immigrants Account for over 25% of New Entrepreneurs in U.S.](https://lhscimmigration.com/immigration-news/news/report-immigrants-account-for-over-25-of-new-entrepreneurs-in-u-s/) - A new study released by the Kaufmann Foundation reports that immigrants make up 28.5% of all entrepreneurs in the U.S. As Matthew Yglesias at Vox.com writes: Immigrants are very disproportionately involved in high-flying Silicon Valley startups, but the typical immigrant entrepreneur is engaged in something more humble — more likely a taqueria or a dry cleaning - [July Visa Bulletin: Philippines EB3 and "Other Workers" Unavailable this Month](https://lhscimmigration.com/immigration-news/alerts/july-visa-bulletin/) - The July Visa Bulletin has been released by the Department of State. Most Family-Based categories will advance at least 1 month, with the exception of F1 and F2B Mexico and the Philippines, where no advancement took place. In Employment-Based categories, China EB2 advanced 4 months, while China EB3 and "Other Workers" did not move. India Eb2 - [USCIS Designates Temporary Protected Status for Nepal](https://lhscimmigration.com/immigration-news/alerts/uscis-designates-temporary-protected-status-for-nepal/) - In response to the series of earthquakes that hit Nepal in April, DHS has announced that Temporary Protected Status (TPS) will be extended to "eligible nationals of Nepal and people without nationality who last habitually resided in Nepal." Applicants must be continuously present and residing in the U.S. as of today, and will be subject - [Complaint to Department of Homeland Security Finds Families in Detention Centers Suffer from Psychological Harm](https://lhscimmigration.com/immigration-news/news/complaint-to-department-of-homeland-security-finds-families-in-detention-centers-suffer-from-psychological-harm/) - A contingent of immigrants rights groups, including the American Immigration Lawyers Association (AILA), have filed a complaint with the Department of Homeland Security, citing psychological harm to families in detention centers along the U.S.-Mexico border. The New York Times reports that the complaint, which was submitted to the agency's Office of Civil Rights and Civil Liberties, - [ALERT: All H-1B Extensions Again Eligible for Premium Processing](https://lhscimmigration.com/immigration-news/alerts/alert-all-h-1b-extensions-again-eligible-for-premium-processing/) - Back in May, USCIS temporarily suspended Premium Processing for H-1B Extension of Stay petitions, in order to allocate additional resources to processing the newly available H-4 EAD applications. This suspension was expected to last until July 27th, but USCIS has announced that they will resume accepting Premium Processing for such extensions, effective immediately. That means - [Erroneously Issued Three-Year DACA Work Permits Now Being Recalled](https://lhscimmigration.com/immigration-news/alerts/erroneously-issued-three-year-daca-work-permits-now-being-recalled/) - After President Obama's recent Executive Action, which included an expansion of DACA (Deferred Action for Childhood Arrivals), ordered late last year, USCIS began issuing work permits valid for three years to DACA recipients. In February, a US District Court judge in Texas issued a temporary injunction against President Obama's order. After the injunction, USCIS was only authorized to issue - [September Visa Bulletin: Multi-Year Retrogression for China EB-2 and India EB-2](https://lhscimmigration.com/immigration-news/alerts/september-visa-bulletin-multi-year-retrogression-for-china-eb-2-and-india-eb-2/) - The Department of State has released the September Visa Bulletin, and the headline is the extreme retrogression for China and India EB-2. Cutoff dates for both categories landed at January 1, 2006, which represents a retrogression of 7 years for China EB-2 and about 2.5 years for India EB-2. The DOS had warned of China's - [Date For Filing vs. Final Action Date: The Department of State's New Two-Tiered Visa Bulletin](https://lhscimmigration.com/immigration-news/news/date-for-filing-vs-final-action-date-the-department-of-states-new-two-tiered-visa-bulletin/) - As part of his executive actions on immigration, President Obama promised to provide those who are stuck in a quota backlog with “the benefits of a pending adjustment,” and to “reduce wait times where possible.” This portion of his announcement didn’t receive much media attention for a couple of reasons: first, it is one of - [October Visa Bulletin Introduces the "Filing Date" and the "Final Action Date" **UPDATED WITH REVISED DATES**](https://lhscimmigration.com/immigration-news/alerts/october-visa-bulletin-introduces-the-filing-date-and-the-final-action-date/) - **UPDATED 9/29** On September 25th, the Department of State released updated cutoff dates to the "Filing Dates" for some Family-Based and Employment-Based categories. While the vast majority of categories were not affected, some saw significant changes for October's cutoff dates - in each instance, for the worst. This is not a "retrogression" of cutoff dates, - [November Visa Bulletin: USCIS To Choose Between "Filing" and "Action" Cutoff Dates on a Monthly Basis](https://lhscimmigration.com/immigration-news/alerts/november-visa-bulletin-uscis-to-choose-between-filing-and-action-cutoff-dates-on-a-monthly-basis/) - The monthly Visa Bulletin is issued by the Department of State, but USCIS (a division of the Department of Homeland Security) also uses the cutoff dates listed on the Bulletin to determine which green card applications it will accept in a given month. In September, when the DOS made the somewhat drastic change to begin reporting - [December Visa Bulletin Update: USCIS Will Use the "Final Action" Dates for Employment-Based Cases, "Filing" Dates for Family-Based Cases](https://lhscimmigration.com/immigration-news/alerts/december-visa-bulletin-update-uscis-will-use-the-final-action-dates-for-employment-based-cases-filing-dates-for-family-based-cases/) - In conjunction with the release of the December 2015 Visa Bulletin by the Department of State, USCIS has announced that for the month of December Employment-based applicants should use the “Final Action” cutoff dates. Family-based adjustment applicants and all immigrant visa applications submitting applications to the National Visa Center will continue using the new "Filing" - [Immigration Provisions in the Omnibus Appropriations Bill for 2016](https://lhscimmigration.com/immigration-news/alerts/immigration-provisions-in-the-omnibus-appropriations-bill-for-2016/) - On December 18, 2015, following the adoptive vote by the Senate and the House, the President signed into law the Consolidated Appropriations Act for 2016 (Public Law 114-113). Some of those immigration issues include: The bill extends the EB-5, Conrad 30, Special Immigrant Religious Workers, and E-Verify programs through the end of Fiscal Year 2016 - [January Visa Bulletin](https://lhscimmigration.com/immigration-news/news/january-visa-bulletin/) - The Department of State has released the January update to the Visa Bulletin. Meanwhile, USCIS will continue to keep people guessing every month as to which set of priority dates will be in effect. Application Final Action Dates vs. Dates for Filing Visa Applications In September, the Department of State surprised everyone by announcing that - [USCIS Announces Proposed Rule to Modernize Certain Employment-Based Immigrant and Nonimmigrant Visa Programs](https://lhscimmigration.com/immigration-news/alerts/uscis-announces-proposed-rule-to-modernize-certain-employment-based-immigrant-and-nonimmigrant-visa-programs/) - USCIS is seeking public comments on a proposed rule, published in the Federal Register on December 31, 2015, that would modernize and, according to the government, improve certain aspects of employment-based nonimmigrant and immigrant visa programs. On its website, USCIS states that it is also proposing regulatory amendments to better enable U.S. employers to hire - [DHS Announces Final Rule for H-1B1, E-3, and CW-2 Nonimmigrants and Certain EB-1 Immigrants](https://lhscimmigration.com/immigration-news/alerts/dhs-announces-final-rule-for-h-1b1-e-3-and-cw-2-nonimmigrants-and-certain-eb-1-immigrants/) - Effective February 16, 2016, newly amended regulations of the Department of Homeland Security (DHS) will provide the following for highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3), the immigrant classification for employment-based first preference (EB-1) outstanding professors and researchers, and nonimmigrant workers in the Commonwealth of - [February Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/february-visa-bulletin/) - Starting with the just-released February Visa bulletin, USCIS is now publishing its own distinct version of the priority date charts at USCIS.gov. Unlike the Department of State's visa bulletin charts, which list both "Filing" and "Final Action" priority dates for each category, the USCIS version will only list whichever priority date is being used to determine - [Supreme Court to Have Final Word on Obama's Executive Actions on Immigration](https://lhscimmigration.com/immigration-news/news/supreme-court-to-have-final-word-on-obamas-executive-actions-on-immigration/) - In 2014, President Obama issued a series of executive actions on immigration, many of which have already gone into effect, or are heading that way. However, the most high-profile actions, regarding deferred action (aka deportation relief) and temporary employment authorization for undocumented immigrants, have been tied up in the courts, with injuntions in place preventing their - [US Implements Stricter Visa Waiver Program Rules](https://lhscimmigration.com/immigration-news/news/us-implements-stricter-visa-waiver-program-rules/) - As reported in the New York Times and many other news publications, the U.S. has tightened the Visa Waiver Program in light of the recent attacks in Paris that will make it more difficult from nationals of Iran, Iraq, Sudan, or Syria (as well as recent visitors to those countries) to be able to enter the U.S. under - [DHS Granted Extension Until May 8, 2016 to Issue STEM OPT Extension Final Rule](https://lhscimmigration.com/immigration-news/news/dhs-granted-extension-until-may-8-2016-to-issue-stem-opt-extension-file-rule/) - On January 23, 2016, the presiding judge of the US District Court for the District of Columbia, in the case of Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, granted the DHS's motion to extend its deadline for publishing the STEM OPT Extension Final Rule until May 8, 2016, noting that in light - [March Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/march-visa-bulletin/) - The Department of State has released the March Visa Bulletin, and USCIS has issued its decision as to which charts will be applicable for adjustment applicants seeking to file in March: Chart to Use in March for Adjustment Applicants Family-based: Filing Dates Employment-based: Final Action Dates If you are outside of the United States and will be - [DHS Issues Final Rule Expanding STEM OPT Extensions for 24 Months](https://lhscimmigration.com/immigration-news/news/dhs-issues-final-rule-expanding-stem-opt-extensions-for-24-months/) - Published in the Federal Register on March 11, 2016, the Department of Homeland Security (DHS) has issued a new final rule entitled "Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students." Among the changes that will take effect on May 10, 2016 and replace - [DHS Issues Advisory for Students with Existing 17-Month STEM OPT EADs as of May 10, 2016](https://lhscimmigration.com/immigration-news/alerts/dhs-issues-advisory-for-students-with-existing-17-month-stem-opt-eads-as-of-may-10-2016/) - Following the published announcement of the new F-1 STEM OPT 24 month final rule, the Department of Homeland Security has issued the following important update and alert for any 17 month STEM OPT F-1 student whose EAD was issued on or before May 9, 2016: Any 17-month STEM OPT EAD that USCIS issued on or - [April Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/april-visa-bulletin/) - The Department of State has released the April Visa Bulletin. Separately, USCIS has confirmed that it will accept filings based on the "Filing Dates" chart for family-based applicants, while employment-based applications will be accepted based on the "Final Action" chart. This is consistent with the past few months. Full charts are below (click to enlarge). Chart to Use - [H-1B Cap Reached in 1st Week](https://lhscimmigration.com/immigration-news/news/h-1b-cap-reached-in-1st-week/) - For the fourth straight year, the H-1B Cap has been filled in the first week in which cap-subject H-1B petitions are accepted (April 1 – 7). USCIS will run a random lottery to determine which of the petitions received during this week will be accepted under the cap and processed. The current annual cap on H-1B - [May Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/may-visa-bulletin/) - The Department of State has released the May Visa Bulletin. Separately, USCIS has confirmed that it will accept filings based on the "Final Action " chart for both family-based applicants and employment-based applications. Full charts are below (click to enlarge). Chart to Use in May for Adjustment Applicants Family-based: Final Action Employment based: Final Action If you are - [United States v. Texas: Supreme Court to Decide Fate of Deferred Action Programs](https://lhscimmigration.com/immigration-news/news/united-states-v-texas-supreme-court-to-decide-fate-of-deferred-action-programs/) - In late 2014, after repeatedly trying to move immigration reform legislation through Congress, President Obama made good on his promise to do whatever was in his power to give needed changes to the U.S. immigration system. Almost immediately, lawsuits were filed challenging various aspects of President Obama's executive orders, and one of those lawsuits - United States v. Texas - [June Visa Bulletin: Retrogressions in 5 Categories](https://lhscimmigration.com/immigration-news/alerts/june-visa-bulletin-retrogression-for-india-eb-2-and-india-eb-3/) - The Department of State has released the June Visa Bulletin, which contains year-plus retrogressions in 5 categories: India EB-2; India EB-3; China EB-2; China F-4; and, India F-4. In addition, USCIS has confirmed that it will accept filings based on the "Final Action " chart for both family-based applicants and employment-based applications during the month of June. - [BREAKING: Expanded Deferred Action Blocked By Supreme Court](https://lhscimmigration.com/immigration-news/news/breaking-expanded-deferred-action-blocked-by-supreme-court/) - On Thursday, the Supreme Court announced that it was evenly split in the case of United States v. Texas, meaning that the expansion of deferred action programs that the Obama Administration announced in 2014 will remain blocked from going in to effect. The original Deferred Action for Childhood Arrivals (DACA) that was announced and implemented in 2012 - [A Special Announcement from the Partners of LHSC](https://lhscimmigration.com/immigration-news/news/a-special-announcement-from-the-partners-of-lhsc/) - Effective August 1, 2016, Baumann, Landau & Simon will be renamed Landau, Hess, Simon & Choi. We are thrilled to welcome as partners in our firm Wendy Castor Hess and Yuah Jessica Choi, formerly of Goldblum & Hess. We look forward to continuing to provide comprehensive and personalized immigration law services in our new - [September Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/september-visa-bulletin/) - For the month of September, USCIS has confirmed that all adjustment applicants (i.e. both employment-based and family-based permanent residence applicants) should consult the "Final Action" priority date charts on the Department of Labor's Visa Bulletin (see the full charts below). The DOL did not provide any guidance regarding the expected movement of priority dates in - [October Visa Bulletin **UPDATE: USCIS To Use "Filing Date" Chart for October**](https://lhscimmigration.com/immigration-news/alerts/october-visa-bulletin/) - The Department of State has released the October 2016 Visa Bulletin, which shows multi-year advancements for priority date cutoffs in many categories. All employment-based second-preference (EB-2) categories advanced more than one year, as did many EB-3 categories. For October, USCIS has determined that they will accept adjustment applications based on the quicker-moving "Filing Date" charts, - [2018 Diversity Visa Lottery Now Open!](https://lhscimmigration.com/immigration-news/alerts/2018-diversity-visa-lottery-now-open/) - This is a reminder that the entry period for the 2018 Diversity Visa Lottery began on October 4, 2016 at noon EST. Entries must be submitted electronically through the DV Lottery website by Monday, November 7, 2016 at noon EST. For 2018 there will be 50,000 diversity visas available through the lottery. To read more about the - [November Visa Bulletin: No Movement](https://lhscimmigration.com/immigration-news/alerts/november-visa-bulletin-no-movement/) - After the multi-year advancements seen in the October Visa Bulletin, the November 2016 Visa Bulletin shows no "Filing Date" movement in either direction for any Employment-based or Family-based categories. USCIS has again indicated that they will accept adjustment applications based on these "Filing Date" charts*, so anyone who was eligible to submit an adjustment application in October remains eligible to - [USCIS To Raise Filing Fees](https://lhscimmigration.com/immigration-news/alerts/uscis-to-raise-filing-fees/) - Starting on December 23, 2016, USCIS will be raising fees on many commonly-used applications and petitions, including H-1B petitions (Form I-129), I-130 petitions, I-140 petitions, green card applications (Form I-485), Naturalization applications (Form N-400), and applications for Travel Documents (Form I-131) and Employment Authorization (Form I-765), among many others. In most instances, these new fees are substantially - [Employer Compliance: Updated I-9 Form To Be Released Shortly](https://lhscimmigration.com/immigration-news/alerts/employer-compliance-updated-i-9-form-to-be-released-shortly/) - USCIS has announced that they will publish the revised Form I-9, Employment Eligibility Verification by November 22, 2016. However, employers may continue to use the old version of the form (dated 03/08/2013) through January 21, 2017. The new form will become mandatory the following day. USCIS also issued this reminder: "Employers should continue to retain and store - [December Visa Bulletin: Filing Dates Remain Static for 2nd Straight Month](https://lhscimmigration.com/immigration-news/alerts/december-visa-bulletin-filing-dates-remain-static-for-2nd-straight-month/) - The December 2016 Visa Bulletin (like the November 2016 Visa Bulletin before it) shows no "Filing Date" movement in either direction for any Employment-based or Family-based categories. And also as in November, USCIS has indicated that they will accept adjustment applications based on these "Filing Date" charts*. This means that anyone who was eligible to submit an - [DHS Issues New Regulations Impacting High-Skilled Nonimmigrant Workers](https://lhscimmigration.com/immigration-news/alerts/dhs-issues-new-regulations-impacting-high-skilled-nonimmigrant-workers/) - Following our earlier post about the proposed rule, the US Citizenship and Immigration Service (USCIS) announced on November 18, 2016 the issuance of a final rule which it states will "modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs" and also "better enable U.S. employers to hire and retain certain foreign - [January Visa Bulletin: USCIS reverts back to Final Date of Action for Employment-Based Categories](https://lhscimmigration.com/uncategorized/january-visa-bulletin-uscis-reverts-back-to-final-date-of-action-for-employment-based-categories/) - With the January 2017 Visa Bulletin, the USCIS is reverting back to the "Final Action" chart for Employment-based categories, which will cause a further retrogression of the cut-off dates for the EB2 and EB3 India and China categories. For Family-based categories, the USCIS is retaining the "Filing Date" chart which has no forward movement for - [Reminder: H-1B Cap Filings Start on April 1, 2017 for Fiscal Year 2018](https://lhscimmigration.com/immigration-news/reminder-h-1b-cap-filings-start-on-april-1-2017-for-fiscal-year-2018/) - It is that time of the year again – H-1B Cap Season, when we prepare cap subject H-1B Petitions for submission on April 1, 2017 for the earliest possible start date of October 1, 2017. USCIS’ fiscal year begins October 1st. The earliest an H-1B Petition can be filed is April 1st. Last year, all - [February Visa Bulletin: Little movement for Employment Based cases and no movement for Family Based Cases](https://lhscimmigration.com/immigration-news/february-visa-bulletin-little-movement-for-employment-based-cases-and-no-movement-for-family-based-cases/) - The February 2017 Visa Bulletin shows very little forward movement for the "Final Action Date" category for Employment-based applicants and no “Filing Date” movement in either direction for any Family-based "Filing Date" category. "Final Action Date" Chart for Employment-Based Applicants “Filing Date” Chart for Family-Based Applicants - [URGENT: Trump Travel Ban Takes Immediate Effect](https://lhscimmigration.com/immigration-news/news/urgent-trump-travel-ban-takes-immediate-effect/) - Urgent: Trump Travel Ban Takes Immediate Effect What Happened? On January 27, President Trump signed an Executive Order titled “Protecting the Nation from Foreign Terrorist Entry Into the United States.” That order is being challenged in court, but most of it remains in effect as of Sunday, January 29th. Who Is Affected? Anyone in the - [BREAKING: Federal Judge Stays Deportations For Those Stranded By Trump Travel Ban](https://lhscimmigration.com/immigration-news/news/breaking-federal-judge-stays-deportations-for-those-stranded-by-trump-travel-ban/) - Late Saturday night, a federal judge in Brooklyn ordered a nation-wide stay on the deportations resulting from President Trump's hastily-enacted travel ban. To be clear, President Trump's Executive Order remains in effect; this stay only prevents the deportation of those who were in transit as the ban went into effect, and were being detained and/or deported during the chaotic - [DHS Secretary Kelly: Entry of Green Card Holders is "In National Interest"](https://lhscimmigration.com/immigration-news/news/dhs-secretary-kelly-entry-of-green-card-holders-is-in-national-interest/) - According to multiple reports, President Trump's Secretary of Homeland Security, John Kelly, had not fully-reviewed the travel ban signed by President Trump on Friday, despite the fact that his agency would be largely tasked with implementing the ban. Further, there appears to have been disagreement about whether or not the ban should be extended to include - [Updated Guidance on Executive Order Travel Ban](https://lhscimmigration.com/immigration-news/updated-guidance-on-executive-order-travel-ban/) - What Happened? On January 27, President Trump signed an Executive Order titled “Protecting the Nation from Foreign Terrorist Entry Into the United States” pertaining to all individuals from 7 designated countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. That order is being challenged in court, but remains in effect. Who Is Affected? Anyone in - [LHSC's Joseph Hohenstein Fighting to Bring Back Immigrants Deported By Trump's Travel Ban](https://lhscimmigration.com/immigration-news/news/lhscs-joseph-hohenstein-fighting-to-bring-back-immigrants-deported-by-trumps-travel-ban/) - During the chaotic implementation of President Trump's travel ban - enacted by Executive Order on Friday night - seven immigrants from Syria and Iran, holding valid visas, were detained at Philadelphia International Airport and ultimately deported, despite the various stays and injunctions issued by Federal Judges. Among the deported immigrants were six members of the Assali - [Department of Homeland Security Releases Statement and FAQ on the Trump Travel Ban](https://lhscimmigration.com/uncategorized/department-of-homeland-security-releases-statement-and-faq-on-the-trump-travel-ban/) - While the President has relatively broad authority to affect U.S. immigration policy via Executive Order, it's clear that implementation of last Friday's Executive Orders - which were not reviewed by the relevant government agencies prior to going into effect - did not go smoothly for travelers, sometimes tragically so. Beyond the widespread confusion about who exactly - [Federal Court Halts Trump Travel Ban](https://lhscimmigration.com/immigration-news/news/federal-court-halts-trump-travel-ban/) - On Friday night, Judge James Robart (an appointee of President George W. Bush) put a temporary block on the travel ban that had been enacted by President Trump's Executive Order on January 27th. Unlike other recent rulings striking at portions of the travel ban, Judge Robart's order put a hold on the entire thing. That means, effective Friday - [March Visa Bulletin: Some forward movement for Employment Based cases and no movement for Family Based Cases](https://lhscimmigration.com/uncategorized/march-visa-bulletin-some-forward-movement-for-employment-based-cases-and-no-movement-for-family-based-cases/) - The March 2017 Visa Bulletin shows some forward movement for the "Final Action Date" category for Employment-based applicants and no "Filing Date" movement in either direction for any Family-based "Filing Date" category. Once again, USCIS states that Family-Based applicants must use the Dates for Filing Visa Applications chart and Employment-Based applicants must use the Application Final Action Dates - [USCIS To Suspend Premium Processing For H-1B Petitions Filed On Or After April 3, 2017](https://lhscimmigration.com/uncategorized/uscis-to-suspend-premium-processing-for-h-1b-petitions-filed-after-april-3-2017/) - On Friday, USCIS announced that it will temporarily suspend premium processing service for H-1B petitions, starting with petitions received on or after April 3, 2017. That cutoff date means that none of this year's cap-subject H-1B petitions will be eligible for premium processing service, as April 3rd is the earliest those petitions can be received by - [Trump Signs New Travel Ban](https://lhscimmigration.com/uncategorized/trump-signs-new-travel-ban/) - On March 6, 2017, President Trump signed a new executive order temporarily banning immigration from 6 majority-Muslim countries starting March 16, 2017. This order is very similar to the executive order President Trump signed in late January (which was revoked by the new executive order), but contains numerous revisions that the administration hopes will make it more able to - [Federal Judges Place Hold on Trump's Second Travel Ban](https://lhscimmigration.com/immigration-news/news/federal-judges-place-hold-on-trumps-second-travel-ban/) - President Trump's first travel ban was hastily implemented and vaguely written - as an example, days after it had taken effect, it still wasn't clear whether or not the restrictions applied to green card holders or dual nationals - so it was no great surprise when court after court found reason to halt the ban's implementation. Eventually (and - [April Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/april-visa-bulletin-2/) - Following the Department of State's release of the April 2017 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart they should consult for the month of April: Family-Based Applicants: Filing Dates chart Employment-Based Applicants: Final Action chart The relevant charts can be seen below. Family-Based Applicants Family-based applicants should consult the Filing Dates chart - [H-1B Cap Reached for Fiscal Year 2018](https://lhscimmigration.com/immigration-news/news/h-1b-cap-reached-on-april-7/) - For the fifth straight year, the H-1B Cap has been filled in the first week in which cap-subject H-1B petitions are accepted (April 3 – 7). USCIS will run a random lottery to determine which of the petitions received during this week will be accepted under the cap and processed. The current annual cap on - [USCIS Completes the H-1B Cap Random Selection Process for Fiscal Year (FY) 2018](https://lhscimmigration.com/immigration-news/uscis-completes-the-h-1b-cap-random-selection-process-for-fiscal-year-fy-2018/) - On April 11, 2017 USCIS completed the computer-generated random selection process for fiscal year (FY) 2018 of petitions needed to meet the cap of 65,000 visas for the general category and 20,000 visas for the U.S. advanced degree exemption, also known as the master's cap. USCIS conducted the selection process for the advanced degree exemption - [Trump Executive Order Eyes H-1B Changes, But Will Need Congress](https://lhscimmigration.com/immigration-news/news/trump-executive-order-eyes-h-1b-changes-but-will-need-congress/) - On Tuesday, President Trump signed an executive order designed to benefit American companies (by favoring them for government contracts) and American workers (by reducing competition from H-1B visa-holding foreign nationals). Unlike the legally-questionable travel bans signed by President Trump (currently subject to a variety of judicial holds), this executive order will have little immediate impact on the government's immigration policies. Instead, - [LISTEN: LHSC's Joseph Hohenstein Talks Sanctuary Cities on Bloomberg Radio](https://lhscimmigration.com/immigration-news/news/listen-lhscs-joseph-hohenstein-talks-sanctuary-cities-on-bloomberg-radio/) - The Trump Administration saw another setback to its immigration plans last week, when a federal judge blocked the President's executive order cutting federal funding to sanctuary cities. LHSC attorney Joseph Hohenstein discussed the case on Bloomberg Radio's "Bloomberg Law." Listen here. - [May Visa Bulletin](https://lhscimmigration.com/immigration-news/news/may-visa-bulletin-2/) - Following the Department of State’s release of the May 2017 Visa Bulletin , USCIS has informed prospective applicants of which priority-date chart they should consult for the month of April: Family-Based Applicants: Final Action Dates chart Employment-Based Applicants: Final Action Dates chart The relevant charts can be seen below. Family-Based Applicants Next month, family-based applicants should - [June Visa Bulletin - Retrogression for EB-1 China and EB-1 India](https://lhscimmigration.com/immigration-news/news/june-visa-bulletin-retrogression-for-eb-1-china-and-eb-1-india/) - Following the Department of State’s release of the June 2017 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart they should consult for the month of June: Family-Based Applicants: Final Action Dates chart Employment-Based Applicants: Final Action Dates chart The relevant charts can be seen below. Family-Based Applicants For the second straigh month, family-based - [Trump Administration Affirms Commitment to DACA (For Now)](https://lhscimmigration.com/immigration-news/news/trump-administration-affirms-commitment-to-daca-for-now/) - On Thursday, the Department of Homeland Security made an unexpected announcement: the Deferred Action for Child Arrivals program started under the Obama Administration will - for the time being - continue under the Trump Administration. While this isn't an open-ended commitment (and is short on specifics), DHS specifically notes that employment authorization gained through DACA will - [U.S. Consulates in Canada Have No Availability for Third Country National (i.e. non-Canadian) U.S. Visa Applications This Summer](https://lhscimmigration.com/immigration-news/news/u-s-consulates-in-canada-have-no-availability-for-third-country-national-i-e-non-canadian-u-s-visa-applications-this-summer/) - Non-immigrants in the United States who wish to travel abroad need to make sure that they have a valid U.S. visa before re-entering the country - even if they are in valid status. Usually, this means they must travel back to their home county in order to renew their visa. For some, this is extremely inconvenient. - [July Visa Bulletin](https://lhscimmigration.com/immigration-news/news/july-visa-bulletin-2/) - Following the Department of State’s release of the July 2017 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in July: Family-Based Applicants: Final Action Dates chart Employment-Based Applicants: Final Action Dates chart The relevant charts can be seen below. Family-Based Applicants Next month, family-based applicants should consult - [Supreme Court Gives Temporary OK To (Narrowed) Trump Travel Ban](https://lhscimmigration.com/immigration-news/news/supreme-court-gives-temporary-ok-to-narrowed-trump-travel-ban/) - On Monday Morning, the Supreme Court partially lifted the various injunctions on the 2nd version of President Trump's travel ban. This means that refugees, as well as certain nationals of the six affected majority-Muslim countries (Libya, Iran, Somalia, Sudan, Syria and Yemen) may be barred from entering the United States, starting as soon as this Wednesday. - [Travel Ban Update: As Implementation Nears, Questions Still Remain](https://lhscimmigration.com/immigration-news/news/travel-ban-update-as-implementation-nears-questions-still-remain/) - On Monday, the Supreme Court issued an order partially lifting the various injunctions placed on President Trump's travel ban. This means that as of 8:00 PM Eastern time today, certain foreign nationals may be denied entry to the United States. While many questions remain unanswered, the Department of Homeland Security has released an FAQ on the changes, which provides - [August Visa Bulletin](https://lhscimmigration.com/immigration-news/news/august-visa-bulletin/) - As we approach October (when the annual limits on visa availability are reset), the Department of Labor has had to institute priority date cutoffs for previously-current categories, notably for all EB-2 categories. In addition, USCIS has confirmed that all prospective applicants should continue to reference the Final Action Dates chart for August. The relevant charts can be seen below. Family-Based - [Travel Ban Update: Grandparents and Refugees](https://lhscimmigration.com/immigration-news/news/travel-ban-update-grandparents-and-refugees/) - On June 26th, the Supreme Court ruled that a narrow portion of the Trump travel ban could go in to effect, even before they issue a final decision on the constitutionality of the ban this fall. However, the court’s decision stopped short of specifying exactly who would be affected by the ban, leaving some details - [Wharton: RAISE Act Would Shrink U.S. Economy (But Is Not Likely to Become Law)](https://lhscimmigration.com/immigration-news/news/wharton-raise-act-would-shrink-u-s-economy-but-is-not-likely-to-become-law/) - The University of Pennsylvania's Wharton School of Business has released a brief economic analysis of the RAISE Act, the immigration reform measure introduced in the Senate by Republicans Tom Cotton (R-AR) and David Perdue (R-GA). The takeaway is that the act - which would significantly reduce legal immigration, and would institute a (supposedly) merit-based point system for evaluating - [September Visa Bulletin](https://lhscimmigration.com/immigration-news/news/september-visa-bulletin-2/) - The Department of State has released the September Visa Bulletin - the last such bulletin in the 2017 fiscal year - and as expected, it shows either retrogression, stagnation, or incremental forward movement for all categories. USCIS has separately confirmed that all prospective adjustment applicants should consult the "Final Action" charts, which are reprinted below. Family-Based Applicants Many family-based - [City of Philadelphia Suing Attorney General Jeff Sessions Over Federal Attempts to Interfere with Local Law Enforcement](https://lhscimmigration.com/immigration-news/news/city-of-philadelphia-suing-attorney-general-jeff-sessions-over-federal-attempts-to-interfere-with-local-law-enforcement/) - Today the City of Philadelphia has joined other cities and states around the country in filling a law suit against Attorney General Jeff Sessions over his department's attempts to financially coerce local law enforcement agencies. In this instance, the Justice Department is threatening to withhold funding from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program - [USCIS Announces Plans to Start Interviewing Employment-Based Permanent Residence Applicants](https://lhscimmigration.com/immigration-news/news/uscis-announces-plans-to-start-interviewing-employment-based-permanent-residence-applicants/) - While it has long been the case that USCIS conducts interviews for family-based green card applicants (such as those applying through marriage), it has been decades since interviews were required for the typical employment-based green card adjustment application . However, the Trump administration has just announced that, beginning October 1st, it will begin "phasing in" - [BREAKING: Trump Administration to End DACA](https://lhscimmigration.com/immigration-news/news/breaking-trump-administration-to-end-daca/) - At a press conference this morning, Attorney General Jeff Sessions announced that the Deferred Action for Childhood Arrivals (DACA) program - initiated under the Obama administration in 2012 - would be coming to an end. This program provides deportation relief and employment authorization for nearly 800,000 people (often called "DREAMers") who were brought to the - [Event for Attorneys: Hear the Latest on DACA and the Trump Administration's Immigration Plans from LHSC's Wendy Castor Hess and Yuah Jessica Choi](https://lhscimmigration.com/immigration-news/news/event-for-attorneys-hear-the-latest-on-daca-and-the-trump-administrations-immigration-plans-from-lhscs-wendy-castor-hess-and-yuah-jessica-choi/) - As part of PBI's upcoming CLE conference in Philadelphia, Wendy Castor Hess will be leading a course titled "U.S. Immigration Law Under the Trump Administration: Survival Tactics in a World of Chaos." Yuah Jessica Choi will also speak during the course, adding her expertise on employment-based immigration options. The conference will take place at the CLE - [October Visa Bulletin](https://lhscimmigration.com/immigration-news/news/october-visa-bulletin-2/) - The Department of State has released the October Visa Bulletin - the first such bulletin in the 2018 fiscal year - and as expected, it shows significant forward movement for almost all categories. USCIS has separately confirmed that family-based adjustment applicants should consult the "Filing Date" charts, while employment-based adjustment applicants should consult the "Final Action" charts. Family-Based Applicants For - [ALERT: USCIS resumes processing for pending cap-subject H-1B petitions](https://lhscimmigration.com/immigration-news/news/alert-uscis-resumes-processing-for-pending-cap-subject-h-1b-petitions/) - Earlier this year, USCIS stopped allowing H-1B petitions to be filed with (or upgraded to) Premium Processing. This decision affected all of the 2018 cap-subject petitions filed in the first full week of April, many of which remain pending. However, on Monday USCIS announced that it would begin accepting Premium Processing upgrade requests for still-pending cap-subject - [ALERT: Trump Administration Issues New Extended & Indefinite Travel Ban](https://lhscimmigration.com/immigration-news/news/alert-trump-administration-issues-new-extended-indefinite-travel-ban/) - The first versions of President Trump's travel ban have been delayed, struck down, and/or modified by courts since they were first introduced in March, and the Supreme Court is still scheduled to rule on the legality of the 2nd travel ban in October. However, on Sunday night the administration announced a new version of the - [UPDATE: USCIS confirms that all H-1B petitions are again eligible for Premium Processing](https://lhscimmigration.com/uncategorized/alert-uscis-expects-to-resume-premium-processing-for-all-h-1b-petitions-by-october-3rd/) - Last week we received word from the American Immigration Lawyers Association (AILA) that USCIS was planning to resume premium processing for all H-1B petitions by October 3rd. USCIS has now confirmed this news (see the press release below), meaning that anyone with a pending or new H-1B petition can request Premium Processing Service, so long as they submit an - [URGENT: Recent Changes To 2019 Diversity Visa Lottery](https://lhscimmigration.com/immigration-news/news/2019-dv-lottery/) - UPDATE 10/16/17 The Department of State has revealed that a technical issue has invalidated all previously submitted 2017 Diversity Visa entries. Anyone who submitted an application between 10/3/2017 - 10/10/2017 will need to resubmit when the entry period reopens on 10/18/2017. See a statement from the DOS below: Due to a technical issue, the Diversity - [November Visa Bulletin](https://lhscimmigration.com/immigration-news/november-visa-bulletin/) - Following the Department of State’s release of the November 2017 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in July: Family-Based Applicants: Dates for Filing chart Employment-Based Applicants: Final Action Dates chart The relevant charts can be seen below. Family-Based Applicants Next month, family-based applicants should consult - [DHS Announces End of 20 Year Temporary Protected Status for Nicaragua and Possibly Honduras](https://lhscimmigration.com/immigration-news/dhs-announces-end-of-20-year-temporary-protected-status-for-nicaragua-and-honduras/) - Acting Secretary of Homeland Security Elaine Duke announced yesterday her decision to terminate the Temporary Protected Status (TPS) designation for Nicaragua with a delayed effective date of 12 months before the designation terminates on January 5, 2019. She stated that additional information is necessary regarding the TPS designation for Honduras, and therefore has made no - [December Visa Bulletin](https://lhscimmigration.com/immigration-news/december-visa-bulletin/) - Subsequent to the issuance of the December 2017 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in December: Family-Based Applicants: Dates for Filing chart Employment-Based Applicants: Final Action Dates chart The relevant charts can be seen below. Family-Based Applicants Next month, family-based applicants should consult the Dates - [DHS Will Terminate Temporary Protected Status for Haitians](https://lhscimmigration.com/immigration-news/dhs-will-terminate-temporary-protected-status-for-haitians/) - On November 20, 2017, Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019. The full announcement is here. This devastating decision was - [USCIS Issues Guidance on DACA Renewals Affected by Mail Service Delays](https://lhscimmigration.com/immigration-news/uscis-issues-guidance-on-daca-renewals-affected-by-mail-service-delays/) - The USCIS issued the following alert earlier today: U.S. Citizenship and Immigration Services (USCIS) has received reports that the U.S. Postal Service (USPS) has identified USPS mail service delays that affected a number of DACA renewal requests. Because the DACA policy has been rescinded and individuals can no longer request deferred action under DACA, and in - [Supreme Court: Trump Travel Ban Can Go Into Immediate Effect (Despite Pending Litigation)](https://lhscimmigration.com/immigration-news/news/supreme-court-trump-travel-ban-can-go-into-immediate-effect-despite-pending-litigation/) - In late September, the Trump Administration issued its 3rd attempt at a travel ban targeting certain majority-Muslim countries. As with the prior two such attempts, court rulings soon put most of the ban on hold pending review of the ultimate legality of the ban. However, the Supreme Court ruled today that the ban could be implemented - [January 2018 Visa Bulletin](https://lhscimmigration.com/uncategorized/january-2018-visa-bulletin/) - January 2018 Visa Bulletin Subsequent to the issuance of the January 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in January: Family-Based Applicants: Dates for Filing chart Employment-Based Applicants: Final Action Dates chart The respective charts can be found below: ________________________________________________________________________________________________________ Family-Based Applicants: The listing - [Federal Judge Rules That DACA Protections Must Remain In Place (At Least For Now)](https://lhscimmigration.com/immigration-news/news/federal-judge-rules-that-daca-protections-must-remain-in-place-at-least-for-now/) - Back in September, the Trump administration announced that it would end the Deferred Action for Childhood Arrivals (DACA) program put in place by the Obama administration. Since its inception in June 2012 DACA has provided work authorization and protection from deportation for certain undocumented immigrants who were brought to the United States as children, many of whom have - [ALERT: USCIS Resumes Accepting DACA Applications](https://lhscimmigration.com/immigration-news/news/alert-uscis-resumes-accepting-daca-applications/) - Following last week's court ruling, USCIS confirmed that it has resumed accepting DACA applications. From the USCIS website: Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on - [February 2018 Visa Bulletin](https://lhscimmigration.com/immigration-news/february-2018-visa-bulletin/) - Subsequent to the issuance of the February 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in February: Family-Based Applicants: Dates for Filing chart Employment-Based Applicants: Final Action Dates chart The respective charts can be found below: ____________________________________________________ Family-Based Applicants Next month, family-based applicants should consult - [March 2018 Visa Bulletin](https://lhscimmigration.com/immigration-news/march-2018-visa-bulletin/) - March 2018 Visa Bulletin Subsequent to the issuance of the March 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in March: For Family-Based Applicants: Dates for Filing chart For Employment-Based Applicants: Final Action Dates chart The respective charts can be found below: Family Based - [Nicole Simon To Discuss DACA With the Hispanic Heritage Council](https://lhscimmigration.com/immigration-news/news/nicole-simon-to-discuss-daca-with-the-hispanic-heritage-council/) - We are excited to announce that LHSC's Managing Partner, Nicole Simon, will be a guest of Indiana University of Pennsylvania's Hispanic Heritage Council next Wednesday (March 21st) as they host the discussion "Understanding DACA: Faces of Immigration." The event will include a documentary film screening, following which Nicole will lead a discussion on the current state - [April 2018 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/april-2018-visa-bulletin/) - Subsequent to the issuance of the April 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in the month of April. For Family-Based Applicants: Dates for Filing chart For Employment-Based Applicants: Final Action Dates chart The respective charts can be found below: ------------------------------------------------------------------------------------------ Family-Based (Dates - [Wendy Hess Named “Immigration Lawyer of the Year” for Philadelphia by The Best Lawyers in America](https://lhscimmigration.com/immigration-news/news/wendy-hess-named-immigration-lawyer-of-the-year-for-philadelphia-by-the-best-lawyers-in-america/) - We are proud to announce that Wendy Hess has been recognized by The Best Lawyers of America as the 2018 Immigration Lawyer of the Year for Philadelphia. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year” by Best Lawyers. The Best Lawyers in America is a peer-review publication in the - [May 2018 Visa Bulletin](https://lhscimmigration.com/immigration-news/may-2018-visa-bulletin/) - May 2018 Visa Bulletin Subsequent to the issuance of the May 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in May: Family-Based Applicants: Dates for Filing chart Employment-Based Applicants: Final Action Dates chart Please see below for the relevant charts: ________________________________________________________________________________________________________ For Family Based Applicants: - [Trump Administration Ends 19-Year-Old Program Protecting Displaced Hondurans](https://lhscimmigration.com/immigration-news/news/trump-administration-ends-19-year-old-program-protecting-displaced-hondurans/) - Following the devastation of Honduras by Hurricane Mitch in 1998, Hondurans who were in the United States as of December 20, 1998 have been eligible to remain in the United States in Temporary Protected Status (TPS). The TPS program provides legal status and work authorization for those who meet the requirements, but as the name - [June 2018 Visa Bulletin](https://lhscimmigration.com/immigration-news/june-2018-visa-bulletin/) - Subsequent to the issuance of the June 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in June: Family-Based Applicants: Dates for Filing chart Employment-Based Applicants: Final Action Dates chart Please see below for the relevant charts: ________________________________________________________________________________________________________ For Family Based Applicants: This month, all family based applicants should refer to - [July 2018 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/july-2018-visa-bulletin/) - July 2018 Visa Bulletin Subsequent to the issuance of the July 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in July: Family-Based Applicants: Dates for Filing chart (see below) This month, all family based applicants should refer to the “Dates for Filing” chart in the Department of State - [BREAKING: Supreme Court Upholds Trump Travel Ban](https://lhscimmigration.com/immigration-news/news/breaking-supreme-court-upholds-trump-travel-ban/) - In a just-released decision, the Supreme Court voted 5-4 to uphold the Trump Administration's 3rd travel ban (with the first two having been struck down by various court challenges). This ban had been in effect since December, when the court ordered that the ban could take effect even while court challenges to its legality were - [August 2018 Visa Bulletin](https://lhscimmigration.com/immigration-news/august-2018-visa-bulletin/) - Subsequent to the issuance of the August 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in August: For Family-Sponsored Filings: You must use the Dates for Filing Chart in the Department of State Visa Bulletin for August 2018. The “C” listing indicates that the category is current, and - [LHSC In The News: Nicole Simon on the Trump Administration's Restrictive Immigration Policies in the WSJ](https://lhscimmigration.com/immigration-news/news/lhsc-in-the-news-nicole-simon-on-the-trump-administrations-restrictive-immigration-policies-in-the-wsj/) - LHSC's Managing Partner, Nicole Simon, was recently interviewed by the Wall Street Journal's Gerald F. Seib regarding the Trump Administration’s efforts to restrict and reduce even legal, high-skilled immigration. In the piece, Ms. Simon discusses one case in particular in which a client was denied an extension of his valid H-1B status, throwing his life - [USCIS Revises Policy for F, M, and J Nonimmigrants](https://lhscimmigration.com/immigration-news/news/uscis-revises-policy-for-f-m-and-j-nonimmigrants/) - USCIS has announced an important policy change as to how the agency will start counting “unlawful presence” for 3 visa categories that are frequently used by those seeking to enter the United States to complete post-secondary education or training: student visas (F-1); vocational student visas (M-1), and exchange visitor visas (J-1). The changes also apply - [September 2018 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/september-2018-visa-bulletin/) - September 2018 Visa Bulletin Subsequent to the issuance of the September 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in September: Family-Based Applicants: Dates for Filing chart (below) This month, all family based applicants should refer to the “Dates for Filing” chart in the Department of State - [USCIS Expands and Extends Suspension of Premium Processing for H-1B Petitions](https://lhscimmigration.com/immigration-news/news/uscis-expands-and-extends-suspension-of-premium-processing-for-h-1b-petitions/) - USCIS had previously announced that cap-subject H-1B petitions filed in April 2018 would not be eligible for premium processing service until at least September 10, 2018. Now, USCIS has announced that such petitions will remain ineligible for premium processing until at least February 19, 2019, by which point they will presumably have been fully-adjudicated. This - [Diversity Visa Lottery Entry Period to Open October 3, 2018](https://lhscimmigration.com/immigration-news/news/diversity-visa-lottery-entry-period-to-open-october-3-2018/) - The entry period for the 2020 Diversity Visa Lottery will begin on October 3, 2018 at noon EST. Entries must be submitted electronically through the DV Lottery website by November 6, 2018 at noon EST. For 2020 there will be 50,000 diversity visas available through the lottery. To read more about the Diversity Immigrant Visa Program, including eligibility requirements, - [October 2018 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/october-2018-visa-bulletin/) - October 2018 Visa Bulletin Subsequent to the issuance of the October 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in October: Family-Based Applicants: Dates for Filing chart (below) This month, all family based applicants should refer to the “Dates for Filing” chart in the Department of State Visa Bulletin (below). The - [USCIS Policy Change: Denials May Result in Notices to Appear (NTAs)](https://lhscimmigration.com/immigration-news/news/uscis-policy-change-denials-may-result-in-notices-to-appear-ntas/) - USCIS is moving forward with a policy (first announced in June) that could lead to deportation for some immigrants whose legal status is impacted by the denial of applications meant to extend or change their legal status (including applications for permanent residence). At the moment, this policy does not apply to employment-based petitions (e.g. I-129 petitions) - [November 2018 Visa Bulletin](https://lhscimmigration.com/immigration-news/november-2018-visa-bulletin/) - November 2018 Visa Bulletin Subsequent to the issuance of the November 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications submitted/processed in November: Family-Based Applicants: Dates for Filing chart (below) This month, all family based applicants should refer to the “Dates for Filing” chart in the Department of State Visa Bulletin (below). The - [LHSC named among 2019 "Best Law Firms" by U.S. News & World Report and Best Lawyers](https://lhscimmigration.com/immigration-news/lhsc-named-among-2019-best-law-firms-by-u-s-news-world-report-and-best-lawyers/) - We are proud to announce that U.S. News & World Report and Best Lawyers have named Landau, Hess, Simon, Choi & Doebley in the 2019 edition of "Best Law Firms" including a ranking in the top tier of immigration firms in the Philadelphia region. Each year, the "Best Law Firms" rankings recognize professional excellence, legal expertise and impressive ratings - [LHSC's Joe Hohenstein Wins Election to PA State House](https://lhscimmigration.com/immigration-news/news/lhscs-joe-hohenstein-wins-election-to-pa-state-house/) - LHSC's Joe Hohenstein won his bid to represent Pennsylvania's 177th State Congressional District last night, comfortably prevailing over Republican Patricia Kozlowski. The 177th had previously been in Republican hands for 34 years! Joe has been an amazing immigration attorney for over 20 years, and has devoted his career to keeping families united and protecting the - [December 2018 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/december-2018-visa-bulletin/) - December 2018 Visa Bulletin Subsequent to the issuance of the December 2018 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications filed in December: Family-Based Applicants: Dates for Filing chart (below) This month, all family based applicants should refer to the “Dates for Filing” chart in the Department of State Visa Bulletin - [If Government Shuts Down, Consular Interviews and Visa Issuance Could Be Affected](https://lhscimmigration.com/immigration-news/news/if-government-shuts-down-consular-interviews-and-visa-issuance-could-be-affected/) - With President Trump threatening to shut down the government on December 21st unless he receives funding for his border wall, foreign nationals travelling abroad should be aware that applications for new or renewed visas may be affected. That is because the State Department - which handles visa applications at U.S. embassies and consulates around the world - [January 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/january-2019-visa-bulletin/) - January 2019 Visa Bulletin Subsequent to the issuance of the January 2019 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications filed in December: Family-Sponsored Applicants: Dates for Filing chart This month, all family sponsored applicants should refer to the “Dates for Filing” chart in the Department of State Visa Bulletin (below). "The - [February 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/february-2019-visa-bulletin/) - February 2019 Visa Bulletin Subsequent to the issuance of the February 2019 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications filed in February: Family-Sponsored Applicants: Dates for Filing chart In February 2019, all family sponsored applicants should refer to the “Dates for Filing” chart in the Department of State Visa Bulletin (below). “The - [DHS Announces Changes to H-1B Cap Lottery](https://lhscimmigration.com/immigration-news/news/dhs-announces-changes-to-h-1b-cap-lottery/) - On January 31, 2019, the Department of Homeland Security (DHS) will publish a final rule in the Federal Register which will become effective April 1, 2019 and amend regulations for H-1B Cap-Subject Petitions. The new regulations modify the H-1B Cap-Subject lottery process beginning with the Fiscal Year 2020 lottery, occurring in April 2019, and lay - [USCIS to Resume Premium Processing for All H-1B Petitions Filed Before 12/21/18](https://lhscimmigration.com/uncategorized/uscis-to-resume-premium-processing-for-all-h-1b-petitions-filed-before-12-21-18/) - USCIS has announced that it will resume accepting Requests for Premium Processing Service for all H-1B petitions filed on or before December 21, 2018. USCIS had previously announced temporary suspensions of premium processing of certain H-1B petitions, but has been resuming premium processing "as agency workloads permit." Some H-1B petitions filed after December 21, 2018 remain eligible - [March 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/march-2019-visa-bulletin/) - March 2019 Visa Bulletin Subsequent to the issuance of the March 2019 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications filed in March: Family-Sponsored Applicants: Dates for Filing chart In March 2019, all family sponsored applicants should refer to the “Dates for Filing” chart in the Department of State Visa Bulletin (below). “The - [All H-1B Petitions Are Again Eligible for Premium Processing](https://lhscimmigration.com/immigration-news/news/all-h-1b-petitions-are-again-eligible-for-premium-processing/) - As of today, March 12th, USCIS is no longer restricting Premium Processing Service for any H-1B petitions. All H-1B petitions are again eligible to be filed with a Request for Premium Processing Service, and all pending H-1B petitions are again eligible to be upgraded to Premium Processing. USCIS had previously placed restrictions on Premium Processing - [April 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/april-2019-visa-bulletin/) - April 2019 Visa Bulletin Subsequent to the issuance of the April 2019 Visa Bulletin, USCIS has informed prospective applicants of which priority-date chart should be referenced for applications filed in April: Family-Sponsored Applicants: Dates for Filing chart For the month of April, family-sponsored applicants should reference the "dates for filing" chart in the visa bulletin. - [USCIS Completes the 2020 H-1B Cap Lottery](https://lhscimmigration.com/immigration-news/news/uscis-completes-the-2020-h-1b-cap-lottery/) - USCIS has announced that, between April 1st and April 5th, they received 201,011 cap-subject H-1B petitions; well above the numerical annual limit of 85,000 established by law (with 20,000 of those reserved for the “U.S. advanced degree exemption,” also known as the master’s cap). As a result, on April 10th USCIS ran a computer-generated random selection - [May 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/may-2019-visa-bulletin/) - May 2019 Visa Bulletin Subsequent to the issuance of the May 2019 Visa Bulletin, USCIS has informed prospective Family-Sponsored applicants they should reference the Dates for Filing Chart (below) when determining if a Family-Sponsored applications is eligible to be filed in May. Family-Sponsored Applicants: Dates for Filing Chart In May 2019, all family sponsored applicants should refer to the - [June 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/june-2019-visa-bulletin/) - June 2019 Visa Bulletin Subsequent to the issuance of the June 2019 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in June. Family-Sponsored Applicants: Dates for Filing Chart In June 2019, all family sponsored applicants should refer to the “Dates for - [July 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/july-2019-visa-bulletin/) - Subsequent to the issuance of the July 2019 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in July. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In July 2019, most family sponsored applicants should refer to the “Dates for Filing” - [August 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/august-2019-visa-bulletin/) - Subsequent to the issuance of the August 2019 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in July. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In August 2019, most family sponsored applicants should refer to the “Dates for Filing” chart in - [DHS Releases New Public Charge Rule, Effective as of October 15, 2019](https://lhscimmigration.com/immigration-news/alerts/public-charge/) - On August 12, 2019, the Department of Homeland Security issued a preview of broad changes to the “public charge” ground of inadmissibility, to be officially published in the Federal Register on August 14, 2019. The rule will go into effect 60 days from the final publication and will be applied to applications received on or - [September 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/september-2019-visa-bulletin/) - Subsequent to the issuance of the September 2019 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in September. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In September 2019, most family sponsored applicants should refer to the “Dates for Filing” chart in the - [LHSC's Emma Tuohy Joins PICC Board of Directors](https://lhscimmigration.com/immigration-news/news/lhscs-emma-tuohy-joins-picc-board-of-directors/) - LHSC’s Emma Tuohy has joined the Board of Directors for the Pennsylvania Immigration and Citizenship Coalition (PICC). PICC is a coalition of over 60 member organizations that focuses on 4-5 specific political advocacy campaigns (as chosen by their members every two years). In June of 2019, PICC members committed to prioritizing education justice, enforcement resistance, federal - [Department of State Announces E-1/E-2 Reciprocity Update for France](https://lhscimmigration.com/immigration-news/department-of-state-announces-e-1-e-2-reciprocity-update-for-france/) - On August 20, 2019, the United States Department of State announced a change in E-1 and E-2 visa validity for French nationals from 60 months to 15 months. Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation, including France. The - [October 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/october-2019-visa-bulletin/) - Subsequent to the issuance of the October 2019 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in October. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In October 2019, most family sponsored applicants should refer to the “Dates for Filing” chart in the - [Diversity Visa Lottery Entry Period Opened October 2, 2019](https://lhscimmigration.com/immigration-news/alerts/diversity-visa-lottery-entry-period-opened-october-2-2019/) - The entry period for the 2021 Diversity Visa Lottery began on October 2, 2019 at noon EST. Entries must be submitted electronically through the DIV Lottery website by November 5, 2019 at noon EST. For 2021, there will be 50,000 diversity visas available through the lottery. To read more about the Diversity Immigrant Visa - [White House Announces Health Insurance Requirements for Immigrant Visas](https://lhscimmigration.com/immigration-news/news/white-house-announces-health-insurance-requirements-for-immigrant-visas/) - On October 4th, 2019, The White House issued a “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System.” This proclamation issues a new policy regarding health care insurance requirements for those seeking immigrant visas. The Trump Administration declared the suspension of and limitation on entry of - [Federal Judge Issues Injunction on Public Charge Rule](https://lhscimmigration.com/immigration-news/news/federal-judge-issues-injunction-on-public-charge-rule/) - The Trump administration’s “public charge” rule, officially titled Inadmissibility on Public Charge Grounds, was temporarily blocked by injunction on Friday, October 11, 2019. The judge issuing the injunction stated that the policy could cause irreparable harm and cited the reasoning for the injunction as “the balance of equities and the interests of justice.” The rule - [November 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/november-2019-visa-bulletin/) - Subsequent to the issuance of the November 2019 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in November. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In November 2019, most family sponsored applicants should refer to the “Dates for Filing” chart in the - [USCIS to Increase Premium Processing Fee Effective Dec. 2nd](https://lhscimmigration.com/immigration-news/news/uscis-to-increase-premium-processing-fee-effective-nov-29th/) - On October 30, 2019, U.S. Citizenship and Immigration Services announced an adjustment to the fee to request premium processing for certain employment-based petitions. The new rule will be officially published October 31, 2019 and will take effect on December 2, 2019. What is the new Fee? The fee will be increased from the current fee - [Acting Director of USCIS Boasts of Increased Red Tape and Restrictions for Employment-Based Immigration](https://lhscimmigration.com/uncategorized/acting-director-of-uscis-boasts-of-increased-red-tape-and-restrictions-for-employment-based-immigration/) - In an October press release, the U.S. Citizenship and Immigration Services (USCIS) announced their statistics for the fiscal year of 2019 and celebrated that they “have achieved many of President Trump’s goals to make our immigration system work better for America.” However, the accomplishments that USCIS and its acting director, Ken Cuccinelli, are celebrating are - [Poland Added to Visa Waiver Program](https://lhscimmigration.com/immigration-news/news/poland-added-to-visa-waiver-program/) - As of November 11th, Poland will be added to the Visa Waiver Program, meaning Polish citizens and nationals will eligible to visit the U.S. for short-term tourism or business trips (up to 90 days) without needing to apply for a B visa at a U.S. consulate in advance. “The inclusion of Poland into the Visa Waiver - [TPS Documentation Extended for Six Countries](https://lhscimmigration.com/immigration-news/news/tps-documentation-extended-for-six-countries/) - On November 4th, 2019, The Department of Homeland Security announced the extension of the validity of Temporary Protected Status (TPS) related documents for people from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. What is TPS? TPS is a temporary immigration status granted to eligible nationals of a country designated for TPS under the Immigration and - [Judge Blocks Immigrant Visa Health Insurance Requirements](https://lhscimmigration.com/immigration-news/news/judge-blocks-immigrant-visa-health-insurance-requirements/) - On November 2nd, 2019 a federal judge temporarily blocked President Trump’s proclamation regarding health care insurance requirements for those seeking immigrant visas, one day before the new policy was set to go into effect. U.S. District Judge Michael Simon in Portland, Oregon issued a temporary restraining order (TRO), a short-term temporary injunction, blocking the Trump administration - [USCIS Proposes New Rule Regarding Asylum Seekers’ Work Authorizations](https://lhscimmigration.com/immigration-news/news/uscis-proposes-new-rule-regarding-asylum-seekers-work-authorizations/) - On November 14th, 2019, USCIS announced a new proposed rule regarding asylum seekers’ work authorizations, asylum applications, and interviews. The rule was proposed in response to a White House memo from April 2019 regarding Trump Administration efforts to curtail immigration. The Proposed Rule Asylum applicants are typically able to obtain an employment authorization document (EAD) - [LHSC’s Wendy Hess Awarded PBA Immigration Law Pro Bono Award](https://lhscimmigration.com/immigration-news/news/lhscs-wendy-hess-awarded-pba-immigration-law-pro-bono-award/) - LHSC Partner Wendy Hess has been awarded the fifth annual Pennsylvania Bar Association Immigration Law Pro Bono Award to be presented on Wednesday, December 4, 2019. Ms. Hess is a founding and current co-chair of PBA’s Immigration Law Committee. She has been practicing Immigration & Nationality Law for over 38 years. The Immigration Law Pro - [USCIS Proposes New Fee Schedule (Updated)](https://lhscimmigration.com/immigration-news/news/uscis-proposes-new-fee-schedule/) - On November 14th, 2019, USCIS published a proposed rule regarding the adjustment of certain immigration and naturalization fees. Overall, the Department of Homeland Security (DHS) proposes to increase fees by a weighted average of 21%, including multiple new fees for nonimmigrant worker petitions and new fees for some benefit requests. The proposed rule would also - [December 2019 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/december-2019-visa-bulletin/) - Subsequent to the issuance of the December 2019 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in December. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In December 2019, most family sponsored applicants should refer to the “Dates for Filing” chart in the - [H-1B ALERT: USCIS Will Implement Electronic Registration Process for Next Year's H-1B Cap](https://lhscimmigration.com/immigration-news/news/h-1b-alert-uscis-will-implement-electronic-registration-process-for-next-years-h-1b-cap/) - On December 6, 2019, USCIS announced a significant change to the cap-subject H-1B petition submission process, to begin with the very next H-1B lottery in March/April 2020 (for the Fiscal Year 2021 cap). Employers who seek to submit a cap-subject H-1B petition will first complete an online registration process, requiring them (or their authorized attorney) to - [January 2020 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/january-2020-visa-bulletin/) - Subsequent to the issuance of the January 2020 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in January. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In January 2020, most family sponsored applicants should refer to the “Dates for Filing” chart in the - [American Immigration Council/American Immigration Lawyers Association Practice Advisory on Temporary Protected Status (TPS) Adjustment of Status Applications Co-Written by LHSC’s Nicole Simon](https://lhscimmigration.com/immigration-news/news/american-immigration-council-american-immigration-lawyers-association-practice-advisory-on-temporary-protected-status-tps-adjustment-of-status-applications-co-written-by-lhscs-nicole-simon/) - A recent Practice Advisory issued jointly by the American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA), including LHSC’s own Nicole Simon as a co-author, reports a recent trend of some U.S. Citizenship and Immigration Services (USCIS) officers denying adjustment of status applications (i.e. permanent resident status) for certain applicants who obtained Temporary - [USCIS to Accept Green Card Applications from Liberian Nationals](https://lhscimmigration.com/immigration-news/news/uscis-to-accept-green-card-applications-from-liberian-nationals/) - On December 20th Liberian Refugee Immigration Fairness (LRIF) was signed into law and on December 26th USCIS announced that it will begin to accept Green Card applications from certain Liberian nationals and their spouses, unmarried children under 21 years old, or unmarried children 21 years old or older living in the United States who meet the eligibility - [February 2020 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/february-2020-visa-bulletin/) - Subsequent to the issuance of the February 2020 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in February. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In February 2020, most family sponsored applicants should refer to the “Dates for Filing” chart in the - [BREAKING: Supreme Court Votes 5-4 To Lift Injunction on Trump Admin's Public Charge Rule](https://lhscimmigration.com/immigration-news/news/breaking-supreme-court-votes-5-4-to-lift-injunction-on-trump-admins-public-charge-rule/) - The Trump Administration announced last August that it would make broad changes to the “public charge” ground of inadmissibility, which would make it harder for poor immigrants to become permanent residents. As we wrote in August when the changes were announced: The public charge ground of inadmissibility is not new, having been in existence since the 1880s - [DHS to Implement New Public Charge Rule, Effective February 24, 2020](https://lhscimmigration.com/immigration-news/news/dhs-to-implement-new-public-charge-rule-effective-february-24-2020/) - On January 27, 2020 the Supreme Court voted 5-4 to lift the injunction on the Trump Administration’s Inadmissibility on Public Charge Grounds final rule (“Final Rule”). As of January 30, this will allow the Department of Homeland Security via USCIS to begin implementing the rule effective Feb. 24, 2020. What is the Final Rule? The - [A Special Announcement from Landau, Hess, Simon, Choi & Doebley](https://lhscimmigration.com/immigration-news/news/a-special-announcement-from-landau-hess-simon-choi-doebley/) - We are thrilled to announce that Jack Doebley, formerly a partner at Steel, Doebley, and Glassman, has joined our immigration law firm as a partner. Our firm name has been changed to "Landau, Hess, Simon, Choi & Doebley" but our website, email addresses, and phone number will remain the same. Jack Doebley brings with him 20 plus years - [Judge Permanently Enjoins Trump Administration’s Attempt to Target International Students through Unlawful Presence Policy](https://lhscimmigration.com/immigration-news/news/judge-permanently-enjoins-trump-administrations-attempt-to-target-international-students-through-unlawful-presence-policy/) - On August 9, 2018, the U.S. Citizenship and Immigration Services issued a Policy Memorandum that would have changed federal policy on the accrual of unlawful presence for F, J, and M visa holders. The current policy indicates that unlawful presence begins to accrue only at the time the F, J, or M visa holder is - [March 2020 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/march-2020-visa-bulletin/) - Subsequent to the issuance of the March 2020 Visa Bulletin, USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in March. Please note that there has been significant retrogression for employment-based 3rd preference (EB-3) priority dates for employment-based applicants under the Final Action Dates Chart, and these - [LHSCD Attorneys Lead at AILA CLE Conference](https://lhscimmigration.com/immigration-news/news/lhscd-attorneys-lead-at-aila-cle-conference/) - LHSCD partners Jessica Choi and Jack Doebley, and associate attorney Emma Tuohy had starring roles at the AILA Philadelphia Chapter's annual CLE conference on Friday. Jessica presented on alternatives to H-1B petitions for employers seeking to hire foreign workers, Jack presented on a panel regarding EB-1 permanent residence applications and National Interest Waiver (NIW) petitions, and - [LHSCD Offices to Be Closed Under Philadelphia “Stay-At-Home” Order](https://lhscimmigration.com/immigration-news/alerts/lhscd-offices-to-be-closed-under-philadelphia-stay-at-home-order/) - In adherence with the City of Philadelphia’s order and the Commonwealth of Pennsylvania’s concurrent order to close all non-essential commercial operations, including law firms, our office will remain closed until the order is lifted. During this time of extra caution, Landau, Hess, Simon, Choi, & Doebley remains fully operational. We are working diligently from home, and - [USCIS To Suspend Premium Processing Due to COVID-19](https://lhscimmigration.com/immigration-news/news/uscis-to-suspend-premium-processing-due-to-covid-19/) - Last Friday, March 20, 2020, U.S. Citizenship and Immigration Services (USCIS) announced the immediate and temporary suspension of premium processing service for all Form I-129 and Form I-140 petitions until further notice due to COVID-19 (Coronavirus Disease 2019). USCIS will not accept any new requests for premium processing. USCIS will process any petition with a previously accepted Form - [H-1B Cap Petitions May Now Be Filed as of April 1](https://lhscimmigration.com/immigration-news/alerts/h-1b-cap-petitions-may-now-be-filed-as-of-april-1/) - U.S. Citizenship and Immigration Services today announced that H-1B cap-subject petitions for fiscal year 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration. A petitioner is only eligible to file a FY 2021 H-1B cap-subject petition if they electronically registered the - [USCIS Issues Policy Guidance Regarding Liberian Refugee Immigration Fairness](https://lhscimmigration.com/immigration-news/alerts/uscis-issues-policy-guidance-regarding-liberian-refugee-immigration-fairness/) - U.S. Citizenship and Immigration Services today issued policy guidance regarding eligibility requirements, filing and adjudication of adjustment of status applications based on the Liberian Refugee Immigration Fairness (LRIF) provision in the National Defense Authorization Act for Fiscal Year 2020. The guidance issued today: Clarifies the eligibility requirements to adjust status based on LRIF; Provides guidance - [Presidential Proclamation Suspending Entry of Immigrants Following the COVID-19 Outbreak](https://lhscimmigration.com/uncategorized/presidential-proclamation-suspending-entry-of-immigrants-following-the-covid-19-outbreak/) - On April 22, 2020, President Donald Trump issued a proclamation suspending the entry into the United States of foreign nationals as immigrants. This proclamation does not impact those already in the United States pursuing green cards or working on temporary visas. According to the text, this proclamation “shall expire 60 days from its effective date and may - [USCIS Offices to Remain Closed Until June 4](https://lhscimmigration.com/immigration-news/alerts/uscis-offices-to-remain-closed-until-june-4/) - On March 18, U.S. Citizenship and Immigration Services (USCIS) temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of COVID-19. USCIS is readying offices to re-open in compliance with local and state orders, on or after June 4. Employees in these offices are continuing - [Visa Bulletin May 2020](https://lhscimmigration.com/immigration-news/alerts/visa-bulletin-may-2020/) - Subsequent to the issuance of the May 2020 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in May. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In May 2020, most family sponsored applicants should refer to the “Dates for Filing” chart - [Presidential Proclamation Extends COVID-19 Travel Ban to Include Brazil](https://lhscimmigration.com/immigration-news/alerts/presidential-proclamation-extends-covid-19-travel-ban-to-include-brazil/) - President Trump issued a proclamation suspending the entry into the United States, as immigrants or nonimmigrants, of all foreign nationals who were physically present within the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States. This proclamation is effective at 11:59 pm EST on May 26,2020. - [Settlement Agreement Between USCIS, IT Workers Poised to Ease H-1B Restrictions](https://lhscimmigration.com/immigration-news/news/h-1b-information-technology-workers-win-case-in-federal-court/) - USCIS has signed a settlement agreement with the plaintiffs in ITServe Alliance v. L. Francis Cissna in which the agency has agreed to stop enforcing the restrictive policy memorandums concerning employer-employee relationships and third-party contracts and itineraries in H-1B petitions. The settlement follows a pair of recent federal court decisions finding the policies unlawful because the - [USCIS Offices to Resume Public Services June 4](https://lhscimmigration.com/immigration-news/news/uscis-offices-to-resume-public-services-june-4/) - USCIS to Resume Public Services June 4 U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. USCIS is following the Centers for Disease Control and Prevention’s guidelines to protect our workforce and the public. For the latest information on the status of - [June 2020 Visa Bulletin](https://lhscimmigration.com/immigration-news/june-2020-visa-bulletin/) - Subsequent to the issuance of the June 2020 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in June. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In June 2020, most family sponsored applicants should refer to the “Dates for Filing” chart - [USCIS Premium Processing Reinstated](https://lhscimmigration.com/uncategorized/uscis-premium-processing-reinstated/) - Below are the conditions under which Premium Processing for H-1B Petitions and other nonimmigrant classifications will resume across a few dates in June the conditions under which Premium Processing may be filed. All dates are from the USCIS office. Effective June 8, USCIS will accept Premium Processing requests for: H-1B petitions filed before June 8 that are pending adjudication and are Cap-Exempt. All other - [Presidential Proclamation Suspending Entry of Certain Students and Researchers from China](https://lhscimmigration.com/immigration-news/alerts/presidential-proclamation-suspending-entry-of-certain-students-and-researchers-from-china/) - On May 29, 2020, President Trump issued a proclamation limiting the issuance of nonimmigrant visas to students and researchers from the People’s Republic of China (PRC). This issuance particularly targets F and J visas commonly given to students and researchers. Who is Suspended from Entry? The text from the proclamation reads that “certain” Chinese nationals - [Important Advisory on Possible Proclamation Barring Certain Temporary Visa Holders](https://lhscimmigration.com/immigration-news/alerts/important-advisory-on-possible-proclamation-barring-certain-temporary-visa-holders/) - As reported by Forbes and alluded to in President Trump's prior proclamation banning certain immigrant visa holders from entering the U.S., the president will likely sign a proclamation shortly that will bar temporarily H-1B, H-2B, J-1 and L-1 visa holders from entering the US. For this reason, we strongly advise any temporary visa holder who is - [Supreme Court Overturns Trump Administration DACA Shutdown](https://lhscimmigration.com/immigration-news/alerts/supreme-court-overturns-trump-administration-daca-shutdown/) - On June 18, 2020, the Supreme Court ruled that the Trump administration’s decision to overturn an Obama-era Executive Order, “Deferred Action for Childhood Arrivals” or DACA did not meet procedural justification requirements. Chief Justice Roberts wrote in the majority opinion that the court does “not decide whether DACA or its rescission are sound policies. [They] - [Presidential Proclamation Suspends Entry of H-1B, H-2B, J-1 and L-1 Nonimmigrants](https://lhscimmigration.com/immigration-news/alerts/update-to-presidential-proclamation-regarding-nonimmigrant-visas/) - This is an update to our previous post found here regarding the Presidential Proclamation limiting Immigrant Visa applicants to the U.S. which has now been extended and includes H-1B, H-2B, J-1, and L-1 Nonimmigrants. The continuation of the original Proclamation impacting immigrant visa applicants is effective immediately. The suspension of the entry of certain nonimmigrants, - [July 2020 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/july-2020-visa-bulletin/) - Subsequent to the issuance of the July 2020 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in July. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In July 2020, most family sponsored applicants should refer to the “Dates for Filing” chart - [Update: Canadian Nationals Exempt from Recent Presidential Proclamation Restricting H-1B, H-2B, J-1, and L-1](https://lhscimmigration.com/immigration-news/alerts/update-canadian-nationals-exempt-from-recent-presidential-proclamation-restricting-h-1b-h-2b-j-1-and-l-1/) - This is an update to our previous post regarding the Presidential Proclamation restricting new H-1B, H-2B, J-1, and L-1 holders. Information about the original proclamation can be found here. According to the American Immigration Lawyers Association (AILA), per their members questions to Customs & Border Patrol (CBP), Canadian nationals entering on H, J, or L - [Proposed Changes to Asylum Rule from Trump Administration](https://lhscimmigration.com/immigration-news/news/proposed-changes-to-asylum-rule-from-trump-administration/) - On June 11, 2020, the Trump administration proposed sweeping regulations, which, if enacted, would completely overhaul the asylum process. The comment period is set to end on July 15, 2020, after which point, the administration would need to consider the comments in preparing the final rule, which could be published as early as this fall. - [Update to Trump Proclamation Suspending Entry of H-1B, H-2B, J-1 and L-1 Nonimmigrants](https://lhscimmigration.com/immigration-news/alerts/update-to-trump-proclamation-suspending-entry-of-h-1b-h-2b-j-1-and-l-1-nonimmigrants/) - This is an update to our previous post regarding the Presidential Proclamation restricting new H-1B, H-2B, J-1, and L-1 holders. Information about the original proclamation can be found here. The previous update regarding Canadian Nationals can be found here. According to the American Immigration Legal Association (AILA), the Trump administration has amended and clarified the - [UPDATE: Trump Administration Cancels New Rule That Would Have Required Many Students to Leave U.S.](https://lhscimmigration.com/uncategorized/sevp-modifies-rules-for-f-1-and-m-1-visa-holders/) - UPDATE 7/14/2020 After MIT and Harvard sued to stop the Trump administration from implementing the rule change discussed below, the administration relented and rolled back the proposed change. It remains to be seen if a new version of the rule will be put forward, but as of now, international students whose schools are moving to - [Further Updates and Exceptions to Presidential Proclamation For Dependents on H, L, J, and F Visas](https://lhscimmigration.com/immigration-news/news/further-updates-and-exceptions-to-presidential-proclamation-for-dependents-on-h-l-j-and-f-visas/) - The State Department has clarified certain exceptions regarding the Presidential Proclamation restricting the issuance of H, L, and J visas. Our original posting regarding the proclamation can be found here. Additional updates and clarifications from the federal government thus far can be found here, and regarding Canadian nationals, here. Under the clarified rules for dependents and others outside the US, there are three limited exceptions for “humanitarian travel, public - [August 2020 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/august-2020-visa-bulletin/) - Subsequent to the issuance of the August Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in July. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In August 2020, most family sponsored applicants should refer to the “Dates for Filing” chart in - [Two Executive Orders Issued Regarding Immigrant Workers and Federal Contractors](https://lhscimmigration.com/immigration-news/news/two-executive-orders-issued-regarding-immigrant-workers-and-federal-contractors/) - President Trump has issued two executive orders affecting immigrant workers. The first instructs the Department of Labor to “finalize guidance to prevent H-1B employers from moving H1B workers to other employers’ job sites to displace Americans workers.” It further targets IT jobs that involve “sensitive information [which] could pose a national security risk.” This particular - [State Department Clarifies National Interest Exception Rules for H, J, and L Visa Petitions Under Previous Presidential Proclamation Limiting Their Issue](https://lhscimmigration.com/immigration-news/news/state-department-clarifies-national-interest-exception-rules-for-h-j-and-l-visa-petitions-under-previous-presidential-proclamation-limiting-their-issue/) - Following the Presidential Proclamation from June 22, 2020, which severely restricted the abilities of qualified foreign nationals to enter the United States on nonimmigrant visas, the Department of State has issued rules by which to apply for “National Interest Exceptions” under certain conditions within the Proclamation. See our summary of the original Proclamation here, with - [September 2020 Visa Bulletin](https://lhscimmigration.com/immigration-news/september-2020-visa-bulletin/) - Subsequent to the issuance of the September 2020 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in July. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In September 2020, most family sponsored applicants should refer to the “Dates for Filing” chart - [USCIS Issues COVID Influenced Regulation Allowing EAD Application Form for I-9 Work Authorization](https://lhscimmigration.com/immigration-news/news/uscis-issues-covid-influenced-regulation-allowing-ead-application-form-for-i-9-work-authorization/) - As of August 19, 2020, the U.S. Citizen and Immigration Office (USCIS) announced a change in regulations for work authorization for I-9 forms verifying eligibility to work in the United States. This change comes as a result of the COVID-19 outbreak and the proceeding work slowdowns in government offices. According to the USCIS statement, employees - [K-Visas Given “High Priority” As Embassies Begin to Reopen](https://lhscimmigration.com/immigration-news/news/k-visas-given-high-priority-as-embassies-begin-to-reopen/) - According to the American Immigration Lawyers Association, and effective August 28, as it becomes safe to resume more consular operations at each U.S. mission, posts are authorized to give K visa cases high priority. Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on what services that post is currently able - [USCIS Issues Updates to Final Fee Rule](https://lhscimmigration.com/immigration-news/news/uscis-issues-updates-to-final-fee-rule/) - USCIS has updated their regulations regarding fees, fee exemptions, waiver policies, premium processing time limits, which we will summarize. All below changes will come into effect on October 2, 2020. The full announcement of the final fee rule from USCIS can be found here. Background The Immigration and Nationality Act (INA) authorizes the Department - [October 2020 Visa Bulletin](https://lhscimmigration.com/immigration-news/october-2020-visa-bulletin/) - Subsequent to the issuance of the October 2020 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in October. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In October 2020, most family sponsored applicants should refer to the “Dates for Filing” chart - [November 2020 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/november-2020-visa-bulletin/) - Subsequent to the issuance of the November 2020 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in November. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In November 2020, most family sponsored applicants should refer to the “Dates for Filing” chart - [December 2020 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/december-visa-bulletin-2/) - Subsequent to the issuance of the December 2020 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in December. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In December 2020, most family sponsored applicants should refer to the “Dates for Filing” chart - [Federal Judge Restores DACA, DHS to Accept Applicants](https://lhscimmigration.com/immigration-news/alerts/federal-judge-restores-daca-dhs-to-accept-applicants/) - U.S. District Judge Nicholas G. Garaufis in Brooklyn ruled to restore the eight-year-old Deferred Action for Childhood Arrivals, or DACA, program to pre-2017 standards. He ordered the Department of Homeland Security post a public notice to accept first-time applications and ensure that work permits are valid for two years, after the acting head of DHS - [January 2021 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/january-2021-visa-bulletin/) - Subsequent to the issuance of the January 2021 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in January. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In January 2021, most family sponsored applicants should refer to the “Dates for Filing” chart - [DHS Publishes Final Rule to End H-1B Visa Lottery](https://lhscimmigration.com/immigration-news/alerts/dhs-publishes-final-rule-to-end-h-1b-visa-lottery/) - On January 8, 2021, Department of Homeland Security published a “final rule’” to replace the current lottery process for H-1B Cap-Subject Visas. According to the American Immigration Lawyers Association (AILA), the new system will select registrations based on “the highest Occupational Employment Statistics (OES) Prevailing Wage level that…equals or exceeds…the relevant Standard Occupational Classification (SOC)” - [Summary of Biden Executive Orders on Immigration](https://lhscimmigration.com/immigration-news/alerts/summary-of-biden-executive-orders-on-immigration/) - On January 20, 2021, shortly after his swearing in, President Joseph R. Biden took swift action to revise Trump-era immigration practices and reaffirm the United States’ commitment to immigrants, issuing several immigration-related executive actions and sending a proposed immigration bill to Congress. These first-day actions have the potential to affect all facets of the immigration - [February 2021 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/february-2021-visa-bulletin/) - Subsequent to the issuance of the February 2021 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in February. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In February 2021, most family sponsored applicants should refer to the “Dates for Filing” chart - [Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus](https://lhscimmigration.com/immigration-news/alerts/presidential-proclamation-on-the-suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus/) - On January 25, 2021, President Biden issued a proclamation maintaining travel restrictions on the entry into the United States of foreign nationals who were physically present within the Schengen area, the United Kingdom, Ireland, and Brazil during the 14-day period preceding their entry. These restrictions were in effect and were scheduled to be lifted on - [AILA Immigration Fact Sheet](https://lhscimmigration.com/immigration-news/alerts/aila-immigration-fact-sheet/) - On January 20, 2021, President Biden issued several executive orders rescinding Trump-era immigration policies and reaffirming the United States’ commitment to immigrants. We previously summarized those orders here, and now the American Immigration Lawyers Association has created a one-page fact sheet describing those executive orders. We are sharing that fact sheet below. As the changes - [President Biden Revokes “Buy American and Hire American”](https://lhscimmigration.com/immigration-news/alerts/president-biden-revokes-buy-american-and-hire-american/) - On January 25, 2021, the Biden Administration issued an executive order titled “Ensuring the Future Is Made in All of America by All of America’s Workers,” which revokes several Trump Administration executive orders, including “Buy American and Hire American” (BAHA). The order seeks to maximize the number of investments in American-owned businesses made by the - [Senate Confirms Alejandro Mayorkas to Head the Department of Homeland Security](https://lhscimmigration.com/immigration-news/alerts/senate-confirms-alejandro-mayorkas-to-head-the-department-of-homeland-security/) - On February 2, 2021, the U.S. Senate confirmed the nomination of Alejandro Mayorkas to head the Department of Homeland Security (DHS), marking the first time a Latino and immigrant has held the position. Born in Cuba, Mayorkas and his family fled to the United States as refugees in 1960, following the Cuban Revolution. Under the - [President Biden Signs Three Immigration-Related Executive Orders](https://lhscimmigration.com/immigration-news/alerts/president-biden-signs-three-immigration-related-executive-orders/) - On February 2, 2021, President Biden signed three executive orders aimed at undoing the Trump Administration’s restrictive immigration policies. These orders primarily direct immigration agencies to review Trump orders, but do not have immediate impacts on current policy. Executive Order on Creating a Comprehensive Regional Framework to Address the Causes of Migration, to Manage Migration - [H-1B Registration Updates](https://lhscimmigration.com/immigration-news/alerts/h-1b-registration-updates/) - USCIS announced on February 5, 2021 that the registration period for the fiscal year 2022 H-1B cap will open at noon (EST) on March 9 and extend through noon (EST) on March 25. Using a myUSCIS account, employers will be able to register electronically and submit the $10 fee for each prospective beneficiary. A random - [Democrats Introduce US Citizenship Act of 2021](https://lhscimmigration.com/immigration-news/news/democrats-introduce-us-citizenship-act-of-2021/) - On Thursday February 18, 2021, Senator Bob Menendez of New Jersey and Representative Linda Sanchez of California introduced the U.S. Citizenship Act of 2021 meant to be a “humane response” to President Trump’s previous policies, according to the New York Times.The bill as introduced would allow “virtually all undocumented immigrants to eventually apply for citizenship; - [USCIS will revert to the 2008 version of the naturalization civics test](https://lhscimmigration.com/immigration-news/alerts/uscis-will-revert-to-the-2008-version-of-the-naturalization-civics-test/) - On February 22, 2021, USCIS announced in its Policy Alert ““Revising Guidance on Naturalization Civics Educational Requirement” that it will revert to the 2008 version of the naturalization civics test beginning March 1, 2021. Applicants for naturalization must demonstrate a basic understanding of the English language and a knowledge and understanding of civics, and the - [March 2021 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/march-2021-visa-bulletin/) - Subsequent to the issuance of the March 2021 Visa Bulletin USCIS has informed prospective applicants of which chart to reference when determining if they are eligible to file an application in March. Family-Sponsored Applicants: Dates for Filing Chart (Except F2A Category) In March 2021, most family sponsored applicants should refer to the “Dates for Filing” chart - [The H-1B Electronic Registration Process for H-1B cap-subject petitions begins March 9](https://lhscimmigration.com/immigration-news/alerts/the-h-1b-electronic-registration-process-for-h-1b-cap-subject-petitions-begins-march-9/) - The H-1B Electronic Registration Process for FY 2022 H-1B cap subject petitions will open at noon Eastern Time (ET) on March 9 and run through noon ET on March 25. H‐1B cap‐subject petitioners, including those eligible for the advanced degree exemption, are required to first register prospective beneficiaries electronically with USCIS during the registration period - [USCIS Extends Flexibilities to Foreign Students Applying for Post-Completion OPT](https://lhscimmigration.com/immigration-news/news/uscis-extends-flexibilities-to-foreign-students-applying-for-post-completion-opt/) - On February 26, 2021, USCIS announced flexibilities for certain foreign students affected by delayed receipt notices for Form I-765, Application for Employment Authorization. These flexibilities apply to Optional Practical Training (OPT) EAD applications received on or after Oct. 1, 2020, through May 1, 2021. This announcement comes less than two weeks after foreign students facing OPT - [President Biden Rescinds the Immigrant Visa Ban ](https://lhscimmigration.com/immigration-news/alerts/president-biden-rescinds-the-immigrant-visa-ban/) - On February 24, 2021, the Biden Administration, in its latest move to rollback Trump immigration policies, rescinded Presidential Proclamation 10014 “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.” This proclamation had halted the issuance of immigrant visas to - [DHS Designates Venezuela for Temporary Protected Status](https://lhscimmigration.com/immigration-news/alerts/dhs-designates-venezuela-for-temporary-protected-status/) - Yesterday, the U.S. Department of Homeland Security (DHS) announced an 18-month period of Temporary Protected Status (TPS) for Venezuela. TPS is a temporary immigration status which allows nationals of a designated country to remain in the U.S. and obtain employment authorization. TPS Eligibility: Venezuelan nationals (as well as individuals without a nationality who last - [Biden Administration Clears the Way to End the Trump-era Public Charge Rule](https://lhscimmigration.com/immigration-news/alerts/biden-administration-clears-the-way-to-end-the-trump-era-public-charge-rule/) - The Biden Administration has cleared the way to end one of the most onerous immigration reforms of the Trump Administration—the “Public Charge Rule” which required most applicants for Lawful Permanent Resident status (often called a “green card”) to provide copious amounts of documentation related to their finances, debts, education, employment skills, certifications, etc. The Public - [Registration Period Opens for Syrians for Temporary Protected Status](https://lhscimmigration.com/immigration-news/alerts/registration-period-opens-for-syrians-for-temporary-protected-status/) - The Department of Homeland Security today published a Federal Register notice (FRN) extending and re-designating Syria for Temporary Protected Status (TPS) for 18 months, effective March 31, 2021, through Sept. 30, 2022. The re-designation of Syria for TPS allows additional eligible individuals who have been continuously residing in the United States since March 19, 2021, - [House of Representatives Passes Two Major Immigration Bills—But Problems Loom in the Senate](https://lhscimmigration.com/immigration-news/news/house-of-representatives-passes-two-major-immigration-bills-but-problems-loom-in-the-senate/) - The U.S. House of Representatives passed two immigration bills on March 18, suggesting that Congress may finally enact major immigration reform for the first time in over three decades. These bills—the Dream and Promise Act and the Farm Workforce Modernization Act—both offer pathways to U.S. citizenship for many immigrants with longstanding ties to the United - [H-1B Cap Reached for Fiscal Year 2022](https://lhscimmigration.com/immigration-news/alerts/h-1b-cap-reached-for-fiscal-year-2022/) - USCIS announced on March 30, 2021 that they have received enough electronic registrations during the initial registration period to reach the Fiscal Year 2022 H-1B numerical allocations. USCIS randomly selected from among the properly submitted registrations to reach the cap and have notified all selected petitioners via the online account used for registration. Petitioners’ online - [USCIS to Publish Revised Form I-9 on August 1 Which Includes Changes to Remote Document Inspection Requirements for E-Verify Employers](https://lhscimmigration.com/immigration-news/uscis-to-publish-revised-form-i-9-on-august-1-which-includes-changes-to-remote-document-inspection-requirements-for-e-verify-employers/) - USCIS recently announced that next week, on August 1, 2023, it will publish a revised version of Form I-9, Employment Eligibility Verification. Employers may continue to use the older Form I-9 (Rev. 10/21/19) through October 31, 2023. After that date, they will be subject to penalties if they use the older form. The new version will not - [USCIS Will Conduct a Second Lottery to Select Additional FY 2024 H-1B Cap Registrations](https://lhscimmigration.com/immigration-news/uscis-will-conduct-a-second-lottery-to-select-additional-fy-2024-h-1b-cap-registrations/) - USCIS announced yesterday that it will conduct a second lottery to select additional H-1B cap registrations for Fiscal Year (FY) 2024. In March 2023, USCIS conducted an initial random selection on properly submitted electronic H-1B cap registrations for the FY2 2024 H-1B cap. Only those petitioners with selected registrations for FY 2024 are eligible to - [DOS Releases September 2023 Visa Bulletin](https://lhscimmigration.com/uncategorized/dos-releases-september-2023-visa-bulletin/) - The DOS posted its September 2023 Visa Bulletin. USCIS determined that for September 2023, applicants in all family-sponsored preference categories must use the Dates for Filing chart and all applicants in employment-based preference categories must use the Final Action Dates chart. Compared to last month’s visa bulletin, Final Action Dates in the Family-Based F-2A preference - [EXTENSION AND REDESIGNATION OF UKRAINE FOR TEMPORARY PROTECTED STATUS](https://lhscimmigration.com/immigration-news/extension-and-redesignation-of-ukraine-for-temporary-protected-status/) - On August 18, 2023, the Department of Homeland Security announced the extension and redesignation of Ukraine for Temporary Protected Status (TPS) for an additional 18 months from October 20, 2023, through April 19, 2025. In the news release announcing the designation, Secretary of Homeland Security Alejandro N. Mayorkas stated: “Russia’s ongoing military invasion of Ukraine - [DACA Immigration Program Ruled Unlawful but Maintains Its Status for Now](https://lhscimmigration.com/uncategorized/daca-immigration-program-ruled-unlawful-but-maintains-its-status-for-now/) - On Wednesday, September 13, 2023, a federal judge yet again declared the Deferred Action for Childhood Arrivals (DACA) immigration program unlawful but did not order a complete termination of DACA. In a ruling similar to his 2021 decision, Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas has found President - [October Visa Bulletin](https://lhscimmigration.com/visa-bulletin/october-visa-bulletin-3/) - Following the DOS’ release of the October 2023 Visa Bulletin, USCIS advised which chart prospective green card applicants should refer to when determining if they are eligible to file an application in October 2023. Note: Where “C” is listed, the category is current and applications may be filed regardless of the applicant’s priority date. Where a - [DHS Announces TPS Extension for Venezuela](https://lhscimmigration.com/immigration-news/news/dhs-announces-tps-extension-for-venezuela/) - On September 20, 2023, The Department of Homeland Security (DHS) announced the extension and redesignation of Venezuela for Temporary Protected Status (TPS) for 18 months. In the news release announcing the designation, DHS noted that "Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions" warranted the extension - [DHS Announces TPS Extension for Afghanistan](https://lhscimmigration.com/immigration-news/news/dhs-announces-tps-extension-for-afghanistan/) - On September 21, 2023, The Department of Homeland Security (DHS) announced the extension and redesignation of Afghanistan for Temporary Protected Status (TPS) for 18 months, from November 21, 2023 until May 20, 2025. In the news release announcing the designation, DHS noted the “ongoing armed conflict and extraordinary and temporary conditions in Afghanistan that prevent - [USCIS Increases the Validity Period of Employment Authorization Documents for Certain Categories](https://lhscimmigration.com/immigration-news/uscis-increases-the-validity-period-of-employment-authorization-documents-for-certain-categories/) - On September 27, 2023, U.S. Citizenship and Immigration Services (“USCIS”) announced that it was updating its policy guidance regarding Employment Authorization Documents (“EADs”) issued to refugees and asylees, noncitizens paroled as refugees, noncitizens granted withholding of removal, noncitizens with pending applications for asylum or withholding of removal, noncitizens with pending applications for adjustment of status - [FY2025 Diversity Lottery Online Registration Opens October 4, 2023](https://lhscimmigration.com/immigration-news/fy2025-diversity-lottery-online-registration-opens-october-4-2023/) - The Diversity Lottery online registration for FY2025 opens on October 4, 2023, at 12:00 PM ET and runs until November 7, 2023, at 12:00 PM ET. This immigration pathway, unique to the United States, allows citizens of countries with low rates of immigration to the U.S. to apply for lawful permanent residence through a lottery - [Israel Now Part of the Visa Waiver Program (VWP)](https://lhscimmigration.com/immigration-news/israel-now-part-of-the-visa-waiver-program-vwp/) - On September 27, 2023, Secretary of Homeland Security Alejandro N. Mayorkas, in consultation with Secretary of State Anthony J. Blinken designated Israel to the Visa Waiver Program (VWP). This will allow Israeli citizens and nationals to travel to the United States without first obtaining a U.S. visa. The Visa Waiver Program is a partnership program - [Department of State Releases November 2023 Visa Bulletin](https://lhscimmigration.com/immigration-news/department-of-state-releases-november-2023-visa-bulletin/) - The DOS has posted its November 2023 Visa Bulletin. USCIS determined that for November 2023, adjustment of status applicants in all family-sponsored preference categories as well as employment-based preference categories must use the Dates for Filing chart. There is no significant movement in this month’s visa bulletin from last month. There are no changes in - [DHS PROPOSED RULE LOOKS TO MODERNIZE THE H-1B SPECIALTY OCCUPATION WORKER PROGRAM](https://lhscimmigration.com/immigration-news/dhs-proposed-rule-looks-to-modernize-the-h-1b-specialty-occupation-worker-program/) - On October 20, 2023, the Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) with the goal to modernize the H-1B specialty occupation worker program. The proposed rule introduces improvements to program efficiency, greater benefits and flexibilities for employers and workers, streamlines eligibility requirements, and strengthens integrity measures. The H-1B nonimmigrant visa - [USCIS Releases Guidance on Immigration Benefits for Stateless Individuals](https://lhscimmigration.com/immigration-news/uscis-releases-guidance-on-immigration-benefits-for-stateless-individuals/) - USCIS published policy manual guidance for stateless individuals in the U.S. who may be interested in filing, or who have already filed, an immigration application, petition, or request with USCIS. A stateless individual is an individual who may not be considered a national of any state or country under the operation of its laws. Under - [Department of State Releases December 2023 Visa Bulletin](https://lhscimmigration.com/uncategorized/department-of-state-releases-december-2023-visa-bulletin/) - The DOS posted its December 2023 Visa Bulletin. USCIS determined that for December 2023, adjustment of status applicants with USCIS must use the “Final Action Dates” chart to determine when they can file such applications. The Final Action Dates chart and Dates for Filing chart for family-based immigration applications remain the same for December. The - [Apple Agrees to $25 Million Settlement Following Recruitment Violations Under the PERM Program](https://lhscimmigration.com/immigration-news/apple-agrees-to-25-million-settlement-following-recruitment-violations-under-the-perm-program/) - On November 9, 2023, the U.S. Department of Justice announced that it had reached a Settlement Agreement with Apple, Inc. (“Apple”) to resolve allegations that Apple illegally discriminated in hiring and recruitment against U.S. citizens and certain non-U.S. citizens. The Settlement Agreement follows an investigation of Apple’s recruitment procedures under the U.S. Department of Labor’s - [USCIS Implements a New Family Reunification Parole Process for Ecuador](https://lhscimmigration.com/immigration-news/uscis-implements-a-new-family-reunification-parole-process-for-ecuador/) - In recent years, the country of Ecuador has experienced a surge in gang and cartel violence driving Ecuadorians to flee to other South American countries and the United States. USCIS has now announced implementation of a new family reunification process for certain nationals of Ecuador. This process will allow an eligible beneficiary to be considered for - [5th Biennial Physician Immigration Law Institute conference](https://lhscimmigration.com/uncategorized/5th-biennial-physician-immigration-law-institute-conference/) - America needs more physicians—and LHSCD’s Partners, Wendy Castor Hess and Nicole Simon are up to the challenge! Yesterday, our esteemed and knowledgeable partners, Wendy and Nicole, each presented outstanding panels on immigration options for foreign physicians and hospitals at the 5th Biennial Physician Immigration Law Institute conference in Washington, D.C. Wendy spoke on the different - [DOS Releases January 2024 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/dos-releases-january-2024-visa-bulletin/) - By: Marisabel C. Alonso, Esq. The DOS posted its January 2024 Visa Bulletin. USCIS determined that for January 2024, applicants in family-based and employment-based preference categories must use the Dates for Filing chart. The Dates for Filing chart remains the same as the December 2023 Visa Bulletin. Compared to last month’s visa bulletin, Final Action - [USCIS Reaches Fiscal Year 2024 H-1B Cap](https://lhscimmigration.com/uncategorized/uscis-reaches-fiscal-year-2024-h-1b-cap/) - Written by: Marisabel C. Alonso, Esq. USCIS reached their H-1B Cap for Fiscal Year 2024. USCIS received a sufficient number of petitions needed to reach the congressionally mandated H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, also known as the master’s cap. Registrants who were not selected will receive non-selection - [Department of State Announces Domestic Visa Renewal Pilot Program for Certain Eligible H-1B Nonimmigrants](https://lhscimmigration.com/immigration-news/department-of-state-announces-domestic-visa-renewal-pilot-program-for-certain-eligible-h-1b-nonimmigrants/) - According to a Federal Register notice published December 21, 2023, the State Department will open its much anticipated domestic visa renewal pilot program on January 29, 2024. The program will allow eligible applicants to renew an H-1B visa while still in the United States, without the need to travel to a US consulate abroad. The - [DOS Releases February 2024 Visa Bulletin](https://lhscimmigration.com/uncategorized/dos-releases-february-2024-visa-bulletin/) - The DOS has posted its February 2024 Visa Bulletin. USCIS determined that for February 2024, adjustment of status applicants in all family-sponsored preference categories as well as employment-based preference categories must use the Dates for Filing chart. This month’s charts appear below. To discuss what the dates in February’s Visa Bulletin may mean for your - [USCIS Announces Launch of Organizational Accounts for Online Submission of H-1B Registrations and Petitions](https://lhscimmigration.com/uncategorized/uscis-announces-launch-of-organizational-accounts-for-online-submission-of-h-1b-registrations-and-petitions/) - On January 12, 2024, U.S. Citizenship and Immigration Services (“USCIS”) announced that it would be launching online organizational accounts for non-cap filings and the fiscal year 2025 H-1B cap season. These new measures are designed to increase efficiency and ease collaboration by allowing H-1B petitioners and their legal representatives to prepare and submit H-1B registrations, - [USCIS Publishes The H-1B Registration Final Rule](https://lhscimmigration.com/uncategorized/uscis-publishes-the-h-1b-registration-final-rule/) - The U.S. Citizenship and Immigration Services (USCIS) has published a final rule regarding the H-1B Registration process that looks to reduce the chances of fraud and provide equity regarding the beneficiary selection process. In addition to the updated selection process, the final rule will also codify start date flexibility for petitions subject to the congressionally - [USCIS Issues Final Rule to Adjust Immigration and Naturalization Fees](https://lhscimmigration.com/uncategorized/uscis-issues-final-rule-to-adjust-immigration-and-naturalization-fees/) - The U.S. Citizenship and Immigration Services (USCIS) has published a final rule regarding certain immigration and naturalization benefit request fees. Within the final rule is a chart comparing the current fees to fees established in this final rule. Notably, every fee within the final rule is the same or lower than in the previously proposed - [Biden Administration Announces Deferred Enforced Departure for Certain Palestinians](https://lhscimmigration.com/immigration-news/biden-administration-announces-deferred-enforced-departure-for-certain-palestinians/) - On February 14, 2024, President Biden announced that the United States will defer the removal of Palestinian residents for 18 months. Exceptions include those: (1) who voluntarily returned to the Palestinian territories after February 14, 2024; (2) who have not continuously resided in the United States since February 14, 2024; (3) who are inadmissible under - [DOS Releases April 2024 Visa Bulletin](https://lhscimmigration.com/immigration-news/dos-releases-april-2024-visa-bulletin/) - The DOS has posted its April 2024 Visa Bulletin. This latest visa bulletin shows little movement in priority dates with only modest progression across several categories and no movement in others. USCIS determined that for April 2024, adjustment of status applicants in all family-sponsored preference categories must use the Dates for Filing chart, and applicants - [USCIS Increases Automatic Extension of Certain Employment Authorization Documents to 540 Days](https://lhscimmigration.com/immigration-news/uscis-increases-automatic-extension-of-certain-employment-authorization-documents-to-540-days/) - USCIS today announced a temporary final rule (TFR) to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days. The EAD eligibility categories auto-extended by the temporary final rule are, among other categories, those for asylum applicants (c)(8), for cancellation of removal applicants (c)(10), and spouses - [USCIS Provides Updates on FY2025 H-1B Cap Registration Process](https://lhscimmigration.com/uncategorized/uscis-provides-updates-on-fy2025-h-1b-cap-registration-process/) - U.S. Citizenship and Immigration Services (USCIS) announced on April 1, 2024, that the agency received enough electronic registrations during the initial H-1B registration period to reach the fiscal year (FY) 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption, also known as the master’s cap. USCIS took significant steps this past cap season - [Department of State Releases June 2024 Visa Bulletin](https://lhscimmigration.com/immigration-news/department-of-state-releases-june-2024-visa-bulletin/) - The DOS has posted its June 2024 Visa Bulletin. USCIS determined that for June 2024, adjustment of status applicants in all family-sponsored preference categories must use the Dates for Filing chart. Employment-based preference categories must use the Final Action Dates chart. There is no significant movement in this month’s visa bulletin from last month. However, - [DHS Announces TPS Extension and Redesignation for Ethiopia](https://lhscimmigration.com/uncategorized/dhs-announces-tps-extension-and-redesignation-for-ethiopia/) - On April 12, 2024, The Department of Homeland Security (DHS) announced the extension and redesignation of Ethiopia for Temporary Protected Status (TPS) for 18 months, from June 13, 2024 until December 12, 2025. In the news release announcing the designation, DHS noted the “ongoing armed conflict and extraordinary and temporary conditions in Ethiopia that prevent - [LHSCD & Nicole Simon Again Recognized by Chambers & Partners](https://lhscimmigration.com/immigration-news/nicole-simon-lhscd-again-recognized-by-chambers-partners/) - Congratulations to our firm’s managing partner Nicole Simon, for again ranking in the Chambers USA 2024 Guide as a notable practitioner – one of only 11 immigration lawyers ranked in Pennsylvania. Landau, Hess, Simon, Choi & Doebley was also ranked as a law firm for the third consecutive year. Chambers rankings are considered the definitive mark of excellence - [Extension and Redesignation of Haiti for Temporary Protected Status](https://lhscimmigration.com/immigration-news/extension-and-redesignation-of-haiti-for-temporary-protected-status-2/) - On June 28, 2024, the Department of Homeland Security announced the extension and redesignation of Haiti for Temporary Protected Status (TPS) for an additional 18 months from August 4, 2024, through February 3, 2026. In the news release announcing the designation, Secretary of Homeland Security Alejandro N. Mayorkas explained that an 18-month extension and redesignation - [Department of State Releases August 2024 Visa Bulletin](https://lhscimmigration.com/uncategorized/department-of-state-releases-august-2024-visa-bulletin/) - Written by: Marisabel Alonso The DOS has posted its August 2024 Visa Bulletin. USCIS determined that for August 2024, adjustment of status applicants in all family-sponsored preference categories must use the Dates for Filing chart. Employment-based preference categories must use the Final Action chart. August’s F2A visa category dates are almost current, listing a June - [President Biden Announces New Actions Designed to Keep Families Together](https://lhscimmigration.com/uncategorized/president-biden-announces-new-actions-designed-to-keep-families-together/) - Further updates announced today on the new family unity parole process! USCIS will start accepting applications as of August 19, 2024. Stay tuned for more details on the application process, which will be published in a forthcoming Federal Register notice. On June 18, 2024, President Biden announced that the DHS (Department of Homeland Security) will - [USCIS to Conduct Second Selection in H-1B Lottery for FY2025](https://lhscimmigration.com/uncategorized/uscis-to-conduct-second-selection-in-h-1b-lottery-for-fy2025/) - USCIS recently determined that it would need to select additional registrations to reach the FY 2025 numerical allocations and announced today that it will conduct a second lottery to select additional H-1B cap registrations. USCIS will soon select additional registrations from previously submitted electronic registrations and send notifications through myUSCIS to sponsoring employers and their attorneys - [Keeping Families Together Parole Process Halted](https://lhscimmigration.com/immigration-news/alerts/keeping-families-together-parole-process-halted/) - The recent Keeping Families Together (“KFT”) Parole Process implemented by the DHS has been administratively stayed by court order. Effective on August 26, 2024, USCIS can accept KFT parole applications, however USCIS cannot grant parole in place. Any applications that were approved before the administrative stay order was issued will not be affected. This administrative - [Department of State Releases October 2024 Visa Bulletin](https://lhscimmigration.com/visa-bulletin/department-of-state-releases-october-2024-visa-bulletin/) - The DOS has posted its much anticipated October 2024 Visa Bulletin. USCIS determined that for October 2024, adjustment of status applicants in both family and employment based preference categories must use the Dates for Filing chart. For the start of the government fiscal year, there is movement in most preference categories under the Dates of - [LHSCD Volunteers! - Citizenship Day 2024](https://lhscimmigration.com/immigration-news/lhscd-volunteers-citizenship-day-2024/) - Over the weekend, Associate Attorney Andrew Fuller and Senior Legal Assistant Cheyenne Lash volunteered at AILA Citizenship Day at The Welcoming Center in Philadelphia. Citizenship Day helps many lawful permanent residents with the preparation and submission of their naturalization applications. Andrew and Cheyenne were delighted to provide pro bono assistance to lawful permanent residents on - [Department of State Releases November 2024 Visa Bulletin](https://lhscimmigration.com/immigration-news/department-of-state-releases-november-2024-visa-bulletin/) - The DOS has released its November 2024 Visa Bulletin. USCIS determined that for November 2024, adjustment of status applicants in all family-sponsored preference categories as well as employment-based preference categories must use the Dates for Filing chart. As a reminder, USCIS can approve the Form I-485 Application to Adjust Status (and DOS can approve the - [Department of Homeland Security Offers Protections for Lebanese Nationals Currently in the United States](https://lhscimmigration.com/uncategorized/department-of-homeland-security-offers-protections-for-lebanese-nationals-currently-in-the-united-states/) - On October 17, 2024, the Department of Homeland Security ("DHS") announced the designation of Lebanon for Temporary Protected Status ("TPS") for 18 months. In the news release announcing the designation, DHS explained that the TPS designation resulted from “ongoing armed conflict and extraordinary and temporary conditions in Lebanon that prevent nationals of Lebanon from returning - [Election Results & Immigration](https://lhscimmigration.com/immigration-news/news/election-results-immigration/) - Former President Obama reminded us in 2014 that “we are and always will be a nation of immigrants. We were strangers once, too.” Ten years later, these words are even more important today. At LHSCD, we understand that the rise of anti-immigrant rhetoric and the presidential election results may be causing uncertainty and concern for - [DHS Publishes Federal Register Notice Designating Lebanon for Temporary Protected Status](https://lhscimmigration.com/uncategorized/dhs-publishes-federal-register-notice-designating-lebanon-for-temporary-protected-status/) - On November 26, 2024, the Department of Homeland Security ("DHS") posted a Federal Register Notice designating Lebanon for Temporary Protected Status (“TPS”) for 18 months, beginning on November 27, 2024, and ending on May 27, 2026. DHS previously announced that the TPS designation resulted from “ongoing armed conflict and extraordinary and temporary conditions in Lebanon - [Important USCIS Policy Update - Adjustment of Status Applications and Medical Exams](https://lhscimmigration.com/uncategorized/important-uscis-policy-update-adjustment-of-status-applications-and-medical-exams/) - On December 2, 2024, United States Citizenship and Immigration Services (“USCIS”) released an alert requiring certain Form I-485 Adjustment of Status applicants to submit their Form I-693, Medical Exam and Vaccination Records with their Form I-485. Failure to do so may result in their Form I-485 being rejected. USCIS has updated their Form I-485 instructions - [LHSCD In The News: Emma Tuohy on Trump Administration Deportation Plans](https://lhscimmigration.com/immigration-news/news/lhscd-in-the-news-emma-tuohy-on-trump-administration-deportation-plans/) - As we near the start of a second Trump administration, The Philadelphia Inquirer takes a look at what Trump's mass deportation plans would mean for the country, the region, and the city of Philadelphia, which is home to an estimated 47,000 people without legal status. LHSCD's Emma Tuohy is quoted in the article's discussion on the - [Department of State Releases January 2025 Visa Bulletin](https://lhscimmigration.com/immigration-news/news/department-of-state-releases-january-2025-visa-bulletin/) - The DOS has released its January 2025 Visa Bulletin. USCIS determined that for January 2025, adjustment of status applicants in all family-sponsored preference categories as well as employment-based preference categories must use the Dates for Filing chart. As a reminder, USCIS can approve the Form I-485 Application to Adjust Status (and DOS can approve the immigrant - [Department of State Revised Skills List Effective December 9, 2024](https://lhscimmigration.com/immigration-news/news/department-of-state-revised-skills-list-effective-december-9-2024/) - The Department of State ("Department") announced a revised Skills List which supersedes the April 30, 2009, Skills List. This revised list is effective as of December 9, 2024, and applies retroactively. This means that if an individual received a J-1 visa when their country was on the Skills list, but the country is no longer - [DHS Final Rule for Automatic Employment Authorization Document (EAD) Extension](https://lhscimmigration.com/immigration-news/news/dhs-final-rule-for-automatic-employment-authorization-document-ead-extension/) - DHS announced a final rule will be published on December 13, 2024, which permanently increases the automatic extension period for employment authorization and EADs for certain applicants. The rule becomes effective on January 13, 2025, which is 30 days after the publication date. This increases the automatic renewal from 180 days to 540 days. This - [DHS Final Rule for Application of Certain Mandatory Bars in Fear Screenings](https://lhscimmigration.com/immigration-news/alerts/dhs-final-rule-for-application-of-certain-mandatory-bars-in-fear-screenings/) - The Department of Homeland Security (DHS) issued a final rule on December 18, 2024, which amends 8 CFR 208.30(e) and 208.33(b) “to allow asylum officers (AOs) to consider the potential applicability of certain bars to asylum and statutory withholding of removal during credible fear and reasonable fear screenings, including credible fear screenings where the Circumvention - [DHS Announces H-1B Modernization Final Rule to Improve Program Integrity and Efficiency](https://lhscimmigration.com/uncategorized/dhs-announces-h-1b-modernization-final-rule-to-improve-program-integrity-and-efficiency/) - On December 18, 2024, the Department of Homeland Security (“DHS”) published a final rule modernizing the H-1B visa program, which allows U.S. employers to temporarily employ foreign workers in “specialty occupations.” In a news release announcing the final rule, DHS explained that these changes will significantly enhance U.S. companies’ ability to fill job vacancies in - [TPS Extensions for El Salvador, Sudan, Ukraine, and Venezuela](https://lhscimmigration.com/uncategorized/tps-extensions-for-el-salvador-sudan-ukraine-and-venezuela/) - Today, January 10, 2025, the outgoing Biden Administration took steps to extend the Temporary Protected Status designation for approximately 937,600 people. The Department of Homeland Security (DHS) published a series of news releases to announce the extensions of Temporary Protected Status (TPS) for El Salvador, Sudan, Ukraine, and Venezuela for a period of 18 months. - [Romania to join the Visa Waiver Program](https://lhscimmigration.com/uncategorized/romania-to-join-the-visa-waiver-program/) - Today, January 10, 2025, the Secretary of State, Antony Blinken, and the Secretary of Homeland Security, Alejandro Mayorkas, made a joint announcement that Romania has been designated to join the Visa Waiver Program (VWP). The VWP allows nationals of participating countries to apply online for authorization to travel to the U.S. for tourism or business, - [Department of State Releases February 2025 Visa Bulletin](https://lhscimmigration.com/uncategorized/department-of-state-releases-february-2025-visa-bulletin/) - The DOS has released its February 2025 Visa Bulletin. For February 2025, USCIS determined that adjustment of status applicants in all family-sponsored preference categories must use the Dates for Filing chart while adjustment of status applicants in all employment-based preference categories must use the Final Action Dates chart. As a reminder, USCIS can approve the - [Trump Administration Issues Series of Immigration-Related Executive Orders](https://lhscimmigration.com/immigration-news/alerts/trump-administration-issues-series-of-immigration-related-executive-orders/) - On Monday, January 20, 2025, within the first few hours of taking office, the Trump Administration issued a series of Executive Orders, many of them aimed at curbing lawful immigration. Following is a summary of some of these orders: Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats directs - [January 24, 2025 Notice regarding Expedited Removal](https://lhscimmigration.com/immigration-news/alerts/january-24-2025-notice-regarding-expedited-removal/) - On January 24, 2025, DHS will be publishing a Notice which designates who can be subjected to expedited removal, effective immediately. This notice rescinds the March 21, 2022 Notice, “Recission of the Notice of July 23, 2019, Designation for Expedited Removal.” This Notice essentially revitalizes the July 23, 2019 Notice. The purpose of this Notice - [USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants](https://lhscimmigration.com/uncategorized/uscis-waives-covid-19-vaccination-requirement-for-adjustment-of-status-applicants/) - As of yesterday, January 22, 2025, USCIS began waiving the COVID-19 vaccination for applicants for adjustment of status to that of a lawful permanent resident. This means that there will not be any evidence required or denials related to a COVID-19 vaccination. If you have any questions about how this USCIS Alert might affect your - [All Visa Interview and Application Service Center Appointments in Colombia Canceled for January 28, 2025](https://lhscimmigration.com/uncategorized/all-visa-interview-and-application-service-center-appointments-in-colombia-canceled-for-january-28-2025/) - On January 26, 2025, Secretary Rubio authorized visa restrictions on Colombian government officials and their immediate family members in response to Colombia’s refusal to accept repatriated migrants. On January 27, 2025, the US Department of State cancelled all visa interview and Application Service Center appointment for January 28, 2025, and all scheduling and rescheduling of - [Extension of Deportation Protections for Venezuelans Revoked](https://lhscimmigration.com/uncategorized/extension-of-deportation-protections-for-venezuelans-revoked/) - On January 28, 2025, the Trump administration revoked an extension of Temporary Protected Status (TPS) for Venezuelans granted by the Biden administration. This revocation is effective immediately. The Biden administration granted an 18-month extension of TPS for Venezuelans but that has now been revoked. TPS redesignation and extension guidelines are based off what was announced - [Laken Riley Act Signed into Law](https://lhscimmigration.com/uncategorized/laken-riley-act-signed-into-law/) - On January 29, 2025, Trump signed the Laken Riley Act into law, making it the first law he has signed in his second term. The Laken Riley Act requires for mandatory detention of undocumented foreign nationals who are charged, but not yet convicted, of crimes involving theft, burglary, larceny, shoplifting, or assault of a law - [Hon. Steven Morley (Retired) Quoted in The Inquirer Regarding Recent ICE Action](https://lhscimmigration.com/uncategorized/hon-steven-morley-retired-quoted-in-the-inquirer-regarding-recent-ice-action/) - On Sunday, February 2nd, The Philadelphia Inquirer published an article regarding a recent ICE action: "Why would ICE target a North Philly car wash for arrests? Immigration experts think they know." Hon. Steven A. Morley (Retired), Of Counsel at LHSCD, is quoted as an immigration expert discussing the reasons why ICE may have targeted a - [Termination of the 2023 Designation of Venezuela for TPS](https://lhscimmigration.com/immigration-news/news/termination-of-the-2023-designation-of-venezuela-for-tps/) - In an unpublished notice, DHS announced its decision to terminate the October 3, 2023, Designation of Venezuela for Temporary Protected Status ("TPS"). The publication date is set for February 5, 2025, and the termination will go into effect sixty (60) days after publication in the Federal Register. This coincides with the original expiration date of - [USCIS Announces FY2026 H-1B Lottery Details](https://lhscimmigration.com/immigration-news/news/uscis-announces-fy2026-h-1b-lottery-details/) - The U.S. Citizenship and Immigration Services (USCIS) has announced the dates for the upcoming Fiscal Year 2026 H-1B Cap Initial Registration process to be held in March 2025. This year, H-1B registrations will be accepted from noon Eastern on March 7th until noon Eastern on March 24th, 2025. USCIS has also increased the H-1B registration - [DHS Rescinds Extension of Haiti's TPS](https://lhscimmigration.com/immigration-news/alerts/dhs-rescinds-extension-of-haitis-tps/) - On February 20, 2025, DHS Secretary Noem partially rescinded the extension of the designation of Haiti for Temporary Protected Status (TPS). The Biden administration granted an 18-month extension of the designation of TPS for Haitians, but that has now been reduced to a 12-month extension. Instead of TPS ending on February 3, 2026, Haiti's TPS - [President Trump's Executive Order Regarding the "Alien Registration Requirement"](https://lhscimmigration.com/immigration-news/alerts/president-trumps-executive-order-regarding-the-alien-registration-requirement/) - On January 20, 2025, President Trump signed Executive Order 14159, titled "Protecting the American People Against Invasion." One of the significant aspects of this order is the emphasis on the alien registration requirement. Under Section 262 of the Immigration and Nationality Act (INA), all aliens 14 years of age or older who were not fingerprinted - [USCIS New Notice to Appear (NTA) Policy](https://lhscimmigration.com/immigration-news/alerts/uscis-new-notice-to-appear-policy/) - On February 28, 2025, USCIS issued a policy memorandum regarding the issuance of Notices to Appear (NTAs) in cases involving inadmissible and deportable foreign nationals. The NTA is a document that informs an individual that they have been placed in removal proceedings and must appear before an Immigration Judge. The memorandum states, "USCIS will no - [Department of State Releases April 2025 Visa Bulletin](https://lhscimmigration.com/immigration-news/department-of-state-releases-april-2025-visa-bulletin/) - The DOS has released its April 2025 Visa Bulletin. For April 2025, USCIS determined that adjustment of status applicants in all family-sponsored preference categories must use the Dates for Filing chart while adjustment of status applicants in all employment-based preference categories must use the Final Action Dates chart. As a reminder, USCIS can approve the - [Trump Administration Proposed Travel Ban](https://lhscimmigration.com/immigration-news/alerts/trump-proposed-travel-ban/) - The Trump administration plans on issuing a travel ban and restrictions for 43 countries in the coming days. The proposed travel ban as reported by the NYT is not final, and the Trump administration can make changes before the official travel ban is posted. "It is also not clear whether people with existing visas would - [Alien Registration Process Following President Trump’s Executive Order](https://lhscimmigration.com/uncategorized/alien-registration-process-following-president-trumps-executive-order/) - On January 20, 2025, President Trump signed Executive Order 14159, titled “Protecting the American People Against Invasion.” This Executive Order directed the Department of Homeland Security ("DHS") to ensure that foreign nationals residing in the U.S. comply with their duty to register with the government under section 262 of the Immigration and Nationality Act ("INA"). This - [June 2025 Travel Ban: What You Need to Know](https://lhscimmigration.com/uncategorized/june-2025-travel-ban-what-you-need-to-know/) - On June 4, 2025, President Trump issued a proclamation restricting entry into the U.S. of foreign nationals from certain countries, citing security concerns and public safety. The ban took effect on June 9, 2025. It applies to nationals of select countries who were 1) outside the United States as of June 9, 2025, and 2) - [PRESIDENT TRUMP ISSUES TRAVEL BAN](https://lhscimmigration.com/uncategorized/president-trump-issues-travel-ban/) - On June 4, 2025, President Donald J. Trump issued a proclamation titled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” This proclamation, which is set to take effect on June 9, 2025, bans immigrants and nonimmigrants from Afghanistan, Burma, Chad, Republic - [A Turning Point for Venezuelan TPS Holders Following the Supreme Court's Decision](https://lhscimmigration.com/immigration-news/alerts/a-turning-point-for-venezuelan-tps-holders-following-the-supreme-courts-decision/) - On May 19, 2025, the U.S. Supreme Court issued a brief allowing the Department of Homeland Security ("DHS") to proceed with the termination of the 2023 TPS designation for Venezuelans, which lifted a Federal Court's injunction that had temporarily blocked the move. As a result of the Supreme Court's decision, the immediate legal consequences for - [LHSCD in the News: Wendy Hess on Navigating Immigration Law & Foreign Dentists](https://lhscimmigration.com/uncategorized/lhscd-in-the-news-wendy-hess-on-navigating-immigration-law-foreign-dentists/) - In a recent episode of The Dental Amigos podcast, LHSCD’s Wendy Castor Hess joined Dr. Paul Goodman and attorney Rob Montgomery to discuss navigating immigration law and the complexities of hiring foreign-trained dentists at U.S. dental practices. Wendy shares her insight on issues like OPT (Optional Practical Training) for F1 student visas, challenges involved with - [Esperanza Honors LHSCD's Hon. Steven A. Morley](https://lhscimmigration.com/uncategorized/esperanza-honors-lhscds-hon-steven-a-morley/) - We are proud to share that our very own Honorable Judge Steven Morley was recognized as the EILS Civic Impact Honoree by Esperanza Immigration Legal Services during their annual fundraiser, Celebrating Hope for Immigrants on Thursday, May 8th. This award celebrates Judge Morely's dedication to making a meaningful difference as an attorney, judge, educator, and - [DHS Terminating TPS for Afghanistan](https://lhscimmigration.com/immigration-news/alerts/dhs-terminating-tps-for-afghanistan/) - On May 12, 2025, Secretary of Homeland Security Kristi Noem announced that Temporary Protected Status (TPS) for Afghanistan will terminate on July 14, 2025, at 11:59 pm. Ahead of the May 20, 2025, TPS expiration, Afghanistan country conditions were examined to determine whether the country still met the requirements for a TPS designation. In this - [LHSCD in the News: Emma Tuohy on the Green Card Process](https://lhscimmigration.com/uncategorized/lhscd-in-the-news-emma-tuohy-on-the-green-card-process/) - Partner Emma Tuohy was recently quoted in an article by The Philadelphia Inquirer about "navigating the green card maze," describing the lengthy and complicated pathways to becoming a lawful permanent resident. “I think that there's this idea that if you want to apply for a green card, even if you might have to wait a - [Department of State Releases May 2025 Visa Bulletin](https://lhscimmigration.com/immigration-news/department-of-state-releases-may-2025-visa-bulletin/) - The DOS has released its May 2025 Visa Bulletin. For May 2025, USCIS determined that adjustment of status applicants in all family-sponsored preference categories must use the Dates for Filing chart while adjustment of status applicants in all employment-based preference categories must use the Final Action Dates chart. As a reminder, USCIS can approve the - [LHSCD In The Press: Nicole Simon on Student Visa Revocations](https://lhscimmigration.com/immigration-news/lhscd-in-the-press-nicole-simon-on-student-visa-revocations/) - Nicole Simon, LHSCD's Managing Partner and a Lecturer at the University of Pennsylvania Law School, was recently quoted in an article by The Daily Pennsylvanian about the Trump administration's recent revocations of some student visas: “It’s been much scarier to be in the country as a foreign national, whether you have legal status or not,” - [Registration Requirement and Process for Foreign Nationals Following President Trump’s Executive Order](https://lhscimmigration.com/immigration-news/registration-requirement-and-process-for-foreign-nationals-following-president-trumps-executive-order/) - I. Background On January 20, 2025, President Trump signed Executive Order 14159, titled “Protecting the American People Against Invasion.” This Executive Order directed the Department of Homeland Security (“DHS”) to ensure that foreign nationals residing in the United States comply with their duty to register with the government under Section 262 of the Immigration and Nationality - [USCIS and E-Verify Announce Compliance with Court Order Postponing Vacatur of TPS for Venezuela](https://lhscimmigration.com/uncategorized/uscis-and-e-verify-announce-compliance-with-court-order-postponing-vacatur-of-tps-for-venezuela/) - Court Order on TPS for Venezuela On March 31, 2025, the United States District Court for the Northern District of California issued an order that postpones the vacatur and termination of the 2023 TPS designation for Venezuela, which the Trump administration had announced in February. As a result, the 2023 TPS designation for Venezuela will - [Alternative Options After H-1B Cap](https://lhscimmigration.com/immigration-news/alerts/alternative-options-after-h-1b-cap/) - On March 31, 2025, USCIS announced that it received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2026 H-1B cap and has notified employers of the selection results. So, what are your options if you have not been selected in this year’s lottery process? Although no new - [DHS Terminates CHNV Parole Processes: What You Need to Know](https://lhscimmigration.com/immigration-news/alerts/dhs-terminates-chnv-parole-processes-what-you-need-to-know/) - On March 25, 2025, the Department of Homeland Security (DHS) issued a notice in the Federal Register announcing the termination of the categorical parole programs for inadmissible noncitizens from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) and their immediate family members. Key Points: Termination of Parole Programs: The DHS notice officially ends (effective March 25, 2025) - [Department of State Releases July 2025 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/department-of-state-releases-july-2025-visa-bulletin/) - The DOS released its July 2025 Visa Bulletin. For July 2025, USCIS determined that for all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2025. For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa - [DHS Terminating TPS for Cameroon](https://lhscimmigration.com/immigration-news/alerts/dhs-terminating-tps-for-cameroon/) - On June 4, 2025, DHS Secretary issued a notice that the designation of Cameroon for TPS will be terminated. The Secretary determined that, "the conditions supporting Cameroon's June 7, 2022, designation for TPS on the basis of ongoing armed conflict and extraordinary and temporary conditions are no longer met." Although there is ongoing conflict, DHS - [DHS Terminating TPS for Nepal](https://lhscimmigration.com/immigration-news/alerts/dhs-terminating-tps-for-nepal/) - On June 6, 2025, DHS Secretary issued a notice that the designation of Nepal for TPS will be terminated. The Secretary determined that, "overall, there are notable improvements in environmental disaster preparedness and response capacity, as well as substantial reconstruction from the earthquake's destruction such that there is no longer a disruption of living conditions - [LHSCD, Wendy Castor Hess and Nicole Simon Once Again Recognized by Chambers & Partners](https://lhscimmigration.com/immigration-news/lhscd-wendy-castor-hess-and-nicole-simon-once-again-recognized-by-chambers-partners/) - Congratulations to our firm’s partners Nicole Simon and Wendy Castor Hess for ranking in the Chambers USA 2025 Guide as notable practitioners – two of only 14 immigration lawyers ranked in Pennsylvania. Landau, Hess, Simon, Choi & Doebley was also ranked as a law firm for the fourth consecutive year. Chambers rankings are considered the - [Federal Judge Blocks Early End to TPS for Haitian Nationals](https://lhscimmigration.com/immigration-news/alerts/federal-judge-blocks-early-end-to-tps-for-haitian-nationals/) - On Tuesday, July 1, 2025, District Court Judge Brian M. Cogan in New York ruled that it was unlawful to expeditiously rescind TPS for Haitian Nationals. In his 23-page opinion, Judge Cogan reasoned that "Plaintiffs are likely to (and, indeed, do) succeed on the merits. Secretary Noem’s partial vacatur was in excess of her authority - [Department of State Releases October 2025 Visa Bulletin](https://lhscimmigration.com/immigration-news/department-of-state-releases-october-2025-visa-bulletin/) - The DOS released its October 2025 Visa Bulletin. October begins a new fiscal year for the U.S. government bringing forward movement for priority dates as new visa numbers become available. USCIS has determined that all family-sponsored and employment-based preference categories may use the Dates for Filing charts in the Department of State Visa Bulletin for October - [BIA Further Restricts Bond Eligibility](https://lhscimmigration.com/immigration-news/alerts/bia-further-restricts-bond-eligibility/) - The Board's recent decision in Matter of Jonathan Javier Yajure Hurtado makes foreign nationals who entered without inspection ineligible for bond. This decision states, "Based on the plain language of section 235(b)(2)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(2)(A) (2018), Immigration Judges lack authority to hear bond requests or to grant bond - [Important Updates for H-1B Visas](https://lhscimmigration.com/uncategorized/urgent-for-september-19-2025-h-1b-visa-holders-should-remain-the-united-states/) - On September 19, 2025, President Trump issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, implementing a new “$100,000 fee” on H-1B petitions. There remain many uncertainties as to when this proclamation will take full effect and what types of H-1B petitions will be impacted (e.g., cap petitions versus non-cap petitions, change of employer - [DHS Publishes Proposed Rule for Weighted H-1B Cap Lottery](https://lhscimmigration.com/uncategorized/dhs-publishes-proposed-rule-for-weighted-h-1b-cap-lottery/) - On September 24, 2025, the Department of Homeland Security (“DHS”) published a proposed rule implementing a “weighted” selection process for the Fiscal Year 2027 H-1B cap lottery. Under the proposed rule, registrations for the H-1B cap lottery would need to include standard information such as the beneficiary’s passport or travel document as well as additional - [USCIS Issues Updated Guidance on President Trump’s Proclamation Related to H-1B Program](https://lhscimmigration.com/immigration-news/uscis-issues-updated-guidance-on-president-trumps-proclamation-related-to-h-1b-program/) - On September 19, 2025, President Trump issued a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. Under this Proclamation, certain H-1B petitions filed on or after September 21, 2025, must be accompanied by an additional $100,000 payment as a condition of eligibility. There was uncertainty as to what types of H-1B petitions would be impacted - [USCIS Removes Automatic Extension of EADs](https://lhscimmigration.com/immigration-news/alerts/uscis-removes-automatic-extension-of-ead/) - On October 30, 2025, DHS published an Interim Final Rule removing the automatic extension of EADs. This Interim Final Rule is effective immediately and provides the opportunity for public comment. This means that individuals who timely file an application to renew their EAD on or after October 30, 2025, will no longer receive an automatic extension - [USCIS Imposing Significant Additional Processing Restrictions on Various USCIS Benefits Applications](https://lhscimmigration.com/immigration-news/alerts/recent-immigration-restrictions/) - In light of the recent National Guard member shooting, the Trump administration has implemented several significant immigration related restrictions. USCIS released its official policy guidance on December 2, 2025. The guidance includes the following: USCIS will place a hold on all Forms I-589 (Application for Asylum and for Withholding of Removal), regardless of the applicant's - [Department of State Announces Expanded Screening and Vetting for H-1B and H-4 Visa Applicants](https://lhscimmigration.com/uncategorized/department-of-state-announces-expanded-screening-and-vetting-for-h-1b-and-h-4-visa-applicants/) - The Department of State (“DOS”) announced that all H-1B and H-4 visa applicants will now be subject to an online presence review. DOS previously announced that F, M, and J visa applicants would be subject to an online presence review. According to the announcement, DOS will use all available information in visa screening and vetting. - [ALERT: Extreme H-1B and H-4 Visa Delays in India](https://lhscimmigration.com/immigration-news/alert-extreme-h-1b-and-h-4-visa-delays-in-india/) - In what could be a preview of things to come for all visa applicants, U.S. Consulates in India delayed many H-1B and H-4 visa application appointments. - [DOS Requires Temporary Nonimmigrant Visa Applicants to Apply in Their Country of Nationality or Residence](https://lhscimmigration.com/immigration-news/alerts/dos-requires-temporary-nonimmigrant-visa-applicants-to-apply-in-their-country-of-nationality-or-residence/) - Important update on temporary nonimmigrant visa processing! As of September 6, the Department of State requires all nonimmigrant visa applicants to schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence. This means that applicants can no longer apply as a third country national in a different - [DHS Terminates 2021 Designation of Venezuela for TPS](https://lhscimmigration.com/immigration-news/alerts/dhs-terminates-2021-designation-of-venezuela-for-tps/) - On September 3, 2025, DHS announced its intention to terminate the 2021 designation of TPS for Venezuela which is set to expire on September 10. 2025. The 2021 TPS designation for Venezuela will terminate at 11:59 p.m. on Nov. 7, 2025, 60 days after publication of this Federal Register notice. The notice is scheduled to - [USCIS Revives Neighborhood Investigations in Naturalization Applications](https://lhscimmigration.com/immigration-news/alerts/uscis-revives-neighborhood-investigations-in-naturalization-applications/) - On August 22, 2025, USCIS published a new Policy Memorandum applying to all Applications for Naturalization (U.S. citizenship). Effective immediately, USCIS is reviving a long-dormant policy, not used since 1991, that permits the agency to conduct personal (neighborhood) investigations for naturalization applicants under Section 335(a) of the Immigration and Nationality Act (INA). These investigations allow - [Department of State Releases September Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/department-of-state-releases-september-visa-bulletin/) - The DOS released its September 2025 Visa Bulletin. For the last month of Fiscal Year 2025, USCIS determines that for all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for September 2025. For all employment-based preference categories, you must use the Final Action Dates chart - [Department of State Releases August 2025 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/department-of-state-releases-august-2025-visa-bulletin/) - The DOS released its August 2025 Visa Bulletin. For August 2025, USCIS determines that for all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2025. For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State - [TPS Terminated for Nicaragua](https://lhscimmigration.com/immigration-news/alerts/tps-terminated-for-nicaragua/) - On July 8, 2025, DHS Secretary Noem announced the decision to terminate Temporary Protected Status for Nicaragua. This termination is effective September 8, 2025, at 11:59 PM, meaning that after this date nationals from Nicaragua will no longer have TPS. These individuals will lose their ability to work lawfully in the U.S., and they may - [Department of State Releases January 2026 Visa Bulletin](https://lhscimmigration.com/immigration-news/alerts/department-of-state-releases-january-2026-visa-bulletin/) - The DOS released its January 2026 Visa Bulletin. October begins a new fiscal year for the U.S. government bringing forward movement for priority dates as new visa numbers become available. USCIS has determined that all family-sponsored and employment-based preference categories may use the Dates for Filing charts in the Department of State Visa Bulletin for January - [LHSCD is now Simon, Choi & Tuohy](https://lhscimmigration.com/uncategorized/lhscd-is-now-simon-choi-tuohy/) - We are thrilled to announce that Landau, Hess, Simon, Choi & Doebley is now Simon, Choi & Tuohy! This change reflects our continued commitment to providing exceptional personalized immigration law services while embracing the growth and evolution of our team. Although our name has changed, our dedication to serving you with integrity, expertise, and personalized care remains the same. In ## Pages - [Home](https://lhscimmigration.com/) - Comprehensive and personalized legal representation covering the entire spectrum of U.S. immigration law. Our immigration lawyers are nationally renowned for handling complex cases in all legal matters related to immigration law, ranging from employment sponsorship, employer compliance issues, family-based petitions, asylum law and deportation defense. Our leading reputation is founded on a personalized approach, emphasizing - [Visiting Us](https://lhscimmigration.com/contact/directions-and-parking/) - Visiting Simon, Choi & Tuohy The law offices of Simon, Choi & Tuohy are located in the historic center of Philadelphia. 190 N. Independence Mall West Suite 501 (6th and Race Sts.) Philadelphia, PA 19106 - [Representation in Removal Proceedings](https://lhscimmigration.com/expertise/representation-in-removal-proceedings/) - Representation in Removal Proceedings When you learn that you or someone you know has been placed in deportation (removal) proceedings it’s vital that you act quickly, but it’s also important not to panic. The first thing you will need is an experienced immigration attorney to help you through the process. Getting an attorney quickly in - [Jon Landau](https://lhscimmigration.com/about-us/our-attorneys/jon-landau/) - Jon Landau Partner Emeritus Jon is a Partner Emeritus with Simon, Choi & Tuohy. He started with the predecessor firm, Baumman & DeSeve, in 1985 and became partner in 1990. He retired from the firm in September 2022. Jon had extensive experience in all phases of immigration law. The emphasis of Jon’s practice was on - [Our Attorneys](https://lhscimmigration.com/about-us/our-attorneys/) - Our Attorneys The attorneys at Simon, Choi & Tuohy are nationally renowned for handling complex cases in all legal matters related to immigration law, ranging from employment sponsorship, employer compliance issues, family-based petitions, asylum law, deportation defense, and criminal immigration. The firm’s extensive experience has established it as an indispensable resource in the field of - [Business Immigration](https://lhscimmigration.com/expertise/business-immigration/) - Business Immigration Our goal is to obtain the appropriate immigration status as quickly as possible. Immigration issues are a top priority for foreign national employees. Having the appropriate visa and obtaining permanent residence as quickly as possible are critical factors in a foreign national employee's life. Most professional foreign born employees are quite sophisticated in - [Consultation Request](https://lhscimmigration.com/contact/consultation-request/) - Consultation Request Form Our consultation fee ranges from $300 - $400 for a consultation, which generally is up to 60 minutes. Our consultation fee will be applied toward the legal fee if you retain our firm within 30 days of the consultation. An attorney from our office will contact you within one business day if - [Attorney and Staff Contact List](https://lhscimmigration.com/contact/staff-profiles/) - Attorney and Staff Contact List Attorneys [table id=2 /] Senior Staff [table id=3 /] - [Contact Us [Main Page]](https://lhscimmigration.com/contact/contact-us-main-page/) - Contact Us By phone: (215)-925-0705 By email: info@lhscimmigration.com In person (by appointment only): 190 N. Independence Mall W., Suite 501, Philadelphia, PA 19106 - [Pearl M. Ruschak](https://lhscimmigration.com/about-us/our-attorneys/pearl-m-ruschak/) - Pearl M. Ruschak Associate Attorney Phone: 215-925-0705 ext. 3820 Fax: 215-925-5105 Email Pearl Pearl represents individuals primarily focusing on asylum and removal defense. Prior to joining SCT, Pearl gained experience at the Philadelphia Court of Common Pleas serving as a Judicial Law Clerk to President Judge Nina Wright Padilla. During her last year of law - [Todd Filipovits](https://lhscimmigration.com/about-us/our-attorneys/tfilipovits/) - Todd Filipovits Senior Associate Attorney Phone: 215-925-0705 ext. 0239 Fax: 215-925-5105 Email Todd Todd represents individuals and businesses in a range of immigration matters. He graduated from Temple University with a B.A. with distinction in economics in 2015 and from Temple University Beasley School of Law in 2018. Prior to joining SCT, Todd worked as - [Hon. Steven A. Morley (Retired)](https://lhscimmigration.com/about-us/our-attorneys/steven-morley/) - Hon. Steven A. Morley (Retired) Of Counsel Phone: 215-925-0705 Fax: 215-925-5105 Email Steven Hon. Steven A. Morley (Retired) is Of Counsel to Simon, Choi & Tuohy. Judge Morley joined SCT in October 2022 after a stellar eleven plus years of service as an appointed Immigration Judge with the Executive Office for Immigration Review in Philadelphia. - [Terms](https://lhscimmigration.com/terms/) - TERMS & CONDITIONS Simon, Choi & Tuohy (“SCT”) thanks you for the chance to serve as your immigration law representative and/or to allow you to access the SCT website (LHSCimmigration.com) under the terms and conditions of these SCT Terms of Service (the “Terms of Service” or “Agreement”). These Terms of Service apply to any services - [Corporate Immigration With a Personal Touch](https://lhscimmigration.com/corporate-immigration-with-a-personal-touch/) - Corporate Immigration, With a Personal Touch Corporate immigration law gets a bad rap, with many big box immigration firms more interested in processing as many cases as quickly as possible - no matter how many times they get their clients in serious legal jeopardy, or how many complaints they generate - than in protecting the - [Experienced Staffing](https://lhscimmigration.com/about-us/experienced-staffing/) - Experienced Staffing One of the key reasons Simon, Choi & Tuohy can offer the best possible service in immigration law is the expertise of our staff. Our senior staff offer years of experienced and unparalleled support for our business and individual immigration clients. In addition, each year we bring in new staff from the best - [Emma Tuohy](https://lhscimmigration.com/about-us/our-attorneys/emma-tuohy/) - Emma Tuohy Partner Phone: 215-925-0705 ext. 3603 Fax: 215-925-5105 Email Emma Emma is a Partner at Simon, Choi & Tuohy. She represents businesses and individuals in a variety of immigration matters, primarily focusing on asylum and removal defense. Emma also has extensive business immigration experience, particularly with EB-1 Extraordinary Ability and EB-2 National Interest Waiver - [Deferred Action for Childhood Arrivals (DACA)](https://lhscimmigration.com/expertise/individual-immigration/deferred-action-for-childhood-arrivals-daca/) - ***Update*** The Trump Administration ordered an end to the DACA program in September 2017; however, federal courts issued injunctions on that order, and as of January 2018, USCIS resumed processing DACA renewal applications. DACA renewal applications will continue to be accepted and processed at least until the Supreme Court rules on the Trump - [BLS Phone/Address](https://lhscimmigration.com/bls-phoneaddress/) - BLS Phone and Address Simon, Choi & Tuohy welcomes you to contact us to learn more about the services we provide: 190 N. Independence Mall West, Suite 602 Philadelphia, PA 19106 Telephone 215-925-0705 Facsimile 215-925-5105 Email: info@lhscimmigration.com - [Seeking Permanent Resident Status in Proceedings](https://lhscimmigration.com/expertise/representation-in-removal-proceedings/seeking-permanent-resident-status-in-proceedings/) - Seeking Permanent Resident Status in Proceedings While being placed in removal proceedings rightfully seems like a scary proposition, the fact is that it is sometimes the most effective way to gain permanent resident status. If you have been denied permanent residence in an employment based or family based case, one way to challenge that denial - [Temporary Visas](https://lhscimmigration.com/expertise/individual-immigration/temporary-visas-individual-immigration/) - Temporary Visas In addition to assisting employers with sponsorship of foreign nationals for temporary work visas, the attorneys at Simon, Choi & Tuohy regularly assist foreign nationals directly with initial, extension, or change of a temporary visa status. A “nonimmigrant visa” is a visa issued to a foreign national seeking to enter the United States - [Disclaimer](https://lhscimmigration.com/disclaimer/) - Disclaimer This web site and the information contained herein have been prepared by Simon, Choi & Tuohy for informational purposes only and should not be construed as legal advice on any subject matter. If you require legal advice, you should retain competent legal counsel to advise you. If you would like to retain Simon, Choi - [Nicole Simon](https://lhscimmigration.com/about-us/our-attorneys/nicole-simon/) - Nicole Simon Partner Phone: 215-925-0705 ext. 1238 Fax: 267-507-1246 Email Nicole Nicole is the Managing Partner of Simon, Choi & Tuohy. She represents businesses and individuals in all areas of immigration law, including employment-based nonimmigrant and immigrant visas, family-based cases, and naturalization. Among Nicole’s clients are colleges, universities, hospitals, non-profits, and large and small private employers. - [Expertise](https://lhscimmigration.com/expertise/) - Expertise Simon, Choi & Tuohy is one of the oldest firms in the United States with a practice dedicated exclusively to immigration law. We have earned a reputation for handling complex cases in all legal matters related to immigration law, ranging from employment sponsorship, employer compliance issues, family-based petitions, asylum law, and deportation defense. Our - [Visitor Visas](https://lhscimmigration.com/expertise/individual-immigration/temporary-visas-individual-immigration/visitor-visas/) - Visitor Visas (B1/B2) The visitor visa is a good way to come to the United States for a limited time for business purposes (B-1) or for tourist purposes (B-2). The visa is initially applied for at a U.S. foreign consulate and is issued as a B-1/B-2 visa. Once it is issued and a person enters - [Visa Extension](https://lhscimmigration.com/expertise/individual-immigration/temporary-visas-individual-immigration/visa-extension/) - Visa Extension If you currently hold a valid visa status in the United States, the attorneys at Simon, Choi & Tuohy may be able to help you to extend your visa status without needing to leave the country. It is important to remember in considering your legal status that it is the date that was - [TN Canadian and Mexican Professionals Under NAFTA](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/tn-canadian-and-mexican-professionals-under-nafta/) - TN Canadian and Mexican Professionals under NAFTA With the passage of the North American Free Trade Agreement (NAFTA), a new TN nonimmigrant visa classification was created to strengthen the special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant classification permits employers to sponsor qualified professional Canadian and Mexican citizens - [Student Visas - F1](https://lhscimmigration.com/expertise/individual-immigration/temporary-visas-individual-immigration/student-visas-f1/) - Student Visas - F1 The F-1 student visa is a temporary visa option which has proven of great benefit both to individuals who use it and to the United States. The visa is available to foreigners who are admitted to U.S. colleges and universities, can show they have sufficient funding available to both pay the - [Individual Immigration](https://lhscimmigration.com/expertise/individual-immigration/) - Individual Immigration Simon, Choi & Tuohy understands the enormity of what is at stake when you are trying to immigrate to the U.S. or sponsor a close family member to reside with you here in this country. We provide hands-on immigration counseling and representation to you throughout the process and are always available to answer - [I-9 Audits](https://lhscimmigration.com/expertise/business-immigration/employer-compliance-counseling/i-9-audits/) - I-9 Audits The Immigration & Customs Enforcement (ICE) has recent reported that, since 2007, employer I-9 audits have increased from 250 to more than 3,000 in 2012 alone. Audits can be random or based on a lead and articulable facts concerning the employer’s violations. We at Simon, Choi & Tuohy are available not only in - [Employer Compliance & Counseling](https://lhscimmigration.com/expertise/business-immigration/employer-compliance-counseling/) - Employer Compliance & Counseling In representing employers of all sizes with immigration matters, Simon, Choi & Tuohy is available to assist employers to ensure compliance with federal laws for the hiring of foreign national employees. Our compliance and counseling representation is comprehensive and tailored to the specific employer, depending on that employer’s size, type of - [Citizenship and Naturalization](https://lhscimmigration.com/expertise/individual-immigration/citizenship-and-naturalization/) - Citizenship and Naturalization Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). During a consultation, the attorney at Simon, Choi & Tuohy will carefully review the potential client’s eligibility for U.S. - [Change of Status](https://lhscimmigration.com/expertise/individual-immigration/temporary-visas-individual-immigration/change-of-status/) - Change of Status As a general rule, if you hold lawful non-immigrant status in the United States you have the opportunity to file to change to another visa status in the United States. This means, for example, that you may have come to the United States as a B-2 visitor but, if after your arrival - [Extraordinary Ability, Outstanding Researchers and Professors, and National Interest Waivers](https://lhscimmigration.com/expertise/business-immigration/permanent-residence/extraordinary-ability-outstanding-researchers-and-professors-and-national-interest-waivers/) - Extraordinary Ability, Outstanding Researchers and Professors, and National Interest Waivers The attorneys at Simon, Choi & Tuohy have successfully represented many foreign nationals seeking to “self sponsor” their permanent residence applications as persons of extraordinary ability or if their admission to the U.S. would be in the national interest. In addition, employers may sponsor foreign - [Investors](https://lhscimmigration.com/expertise/business-immigration/permanent-residence/investors/) - The Investor VISA Category (EB-5) The investor visa category has grown in popularity more than any other business category during the past five years. This visa category permits investors (including their families) who invest $500,000 in a targeted employment area (or $1,000,000 in any other location) to become permanent residents. To qualify, the investments must - [Engineering and Computer Science Professionals](https://lhscimmigration.com/expertise/business-immigration/permanent-residence/engineering-and-computer-science-professionals/) - Engineering and Computer Science Professionals Simon, Choi & Tuohy has extensive experience assisting employers who require the highly sought skills and expertise of IT and engineering professionals. The attorneys at our firm can assist with all aspects of temporary and permanent visa sponsorship. For permanent visa sponsorship of an Engineering or Computer Science professional, the - [University and College Professors](https://lhscimmigration.com/expertise/business-immigration/permanent-residence/university-and-college-professors/) - University and College Professors The attorneys at Simon, Choi & Tuohy represent numerous colleges and universities with both temporary and permanent visa matters. The U.S. Department of Labor has carved out a special PERM labor certification application process for university and college professors, known as “Special Handling.” With this process, the employer must attest that - [History](https://lhscimmigration.com/about-us/history/) - History Simon, Choi & Tuohy is one of the oldest law firms in the United States with an exclusive practice in immigration law. The original firm, Baumann and DeSeve, was established in 1980 by Peter Baumann and Karren DeSeve. With the addition of Jon Landau in 1985, the firm became Baumann, DeSeve & Landau and in - [Physicians and Health Care Workers](https://lhscimmigration.com/expertise/business-immigration/permanent-residence/physicians-and-health-care-workers/) - Physicians and Health Care Workers Employers seeking to hire physicians and other health care workers, such as nurses and physical therapists, face a maze-like process when attempting to clear the many hurdles of the immigrant visa sponsorship process. The attorneys at Simon, Choi & Tuohy are well versed with representing health care employers in both - [E-3 Australian Special Occupation Visas](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/e-3-australian-special-occupation-visas/) - E-3 Australian Special Occupation Visas E-3 is a visa category reserved for Australian nationals seeking to enter the US to preform services for an employer in a specialty occupation (similar to the H-1B visa category). The petitioning U.S. employer is required to file a Labor Condition Application with the U.S. Department of Labor and, upon - [R-1 for Religious Workers](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/r-1-for-religious-workers/) - R-1 Religious Workers The R-1 classification applies to a religious worker. This is a foreign national coming to the U.S. temporarily to work: As a minister of religion, As a professional in a religious vocation or occupation, or For a bona fide nonprofit religious organization at the request of the organization, in a religious occupation - [E-2 for Treaty Investors](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/e-2-for-treaty-investors/) - E-2 Treaty Investors The E-2 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the United States solely to direct and develop the operations of an enterprise in which he or she has invested, or is actively involved in the process of - [E-1 for Treaty Traders](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/e-1-for-treaty-traders/) - E-1 Treaty Traders The E-1 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the U.S. solely to engage in trade of a substantial nature principally between the United States and the foreign national's country of nationality. The trade involved must be - [B-1 for Business Visitors](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/b-1-for-business-visitors/) - B-1 Business Visitors BLS frequently works with employers seeking to bring in an employee of a foreign affiliate or subsidiary for a short term training or professional business assignment. The foreign national may be eligible for either a “B-1 in lieu of H-1” or “B-1 in lieu of H-3 visa” depending on the nature of - [J-1 Exchange Visitors](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/j-1-exchange-visitors/) - J-1 Exchange Visitors The Exchange Visitor non-immigrant visa category is for foreign nationals approved to participate in work-and study-based exchange visitor programs. Examples of exchange visitors include, but are not limited to: Professors or scholars; Research assistants; Students; Interns and Trainees; Teachers; International Medical Graduates; Nannies/Au pairs; and Camp counselors. The U.S. host employer, which - [H-3 for Trainees](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/h-3-for-trainees/) - H-3 Trainees The H-3 classification applies to a foreign national who is a temporary worker who is sponsored by a U.S. employer for purposes of receiving instruction and training other than graduate medical education or training. The employer must demonstrate the following in a petition submitted to the USCIS: The proposed training is not available - [H-2A and H2B Temporary Workers](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/h-2a-and-h2b-temporary-workers/) - H-2A and H-2B Temporary Workers U.S. employers may petition for skilled or unskilled alien workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available. It is important to note that both the services for which the employer requests H-2 labor approval and the employer's need for such services - [O-1 Individuals with Extraordinary Ability or Achievment](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/o-1-individuals-with-extraordianary-ability-or-achievment/) - O-1 Individuals with Extraordinary Ability or Achievement The O-1 “outstanding” visa category is a visa category for foreign nationals who have extraordinary ability in the sciences, arts, education, business, or athletes which has been demonstrated by sustained national or international acclaim. An O-1 must be filed by the U.S. petitioning employer although it is not - [P-1 Athletes, Athletic Teams, and Performers](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/p-1-athletes-athletic-teams-and-performers/) - P-1 Athletes, Athletic Teams, and Performers The P-1 classification applies to foreign nationals being brought to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance. This classification also includes foreign nationals who perform with or - [L-1 for Intracompany Transfers](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/l-1-for-intracompany-transfers/) - L-1 Intracompany Transferees The L-1 category applies to foreign nationals who work for a company with a parent, subsidiary, branch, or affiliate in the U.S. These workers come to the U.S. as intracompany transferees who are coming temporarily to perform services either in a managerial or executive capacity (L-1A) or which entail specialized knowledge (L-1B) - [H-1B for Professional Employees](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/h-1b-for-professional-employees/) - H-1B for Professional Employees The H-1B category applies to foreign nationals coming temporarily to perform services in a specialty occupation. The term “specialty occupation” encompasses the definition of a professional, in which the position requires at least a Bachelor’s degree in a specialized field. The current annual cap on H-1B admissions, starting on October 1 - [Temporary Work Visas](https://lhscimmigration.com/expertise/business-immigration/temporary-work-visas/) - Temporary Work Visas Employers seeking employees with specific skills and expertise may utilize the provisions of current U.S. law for the hiring of foreign workers on a temporary basis. The temporary visa categories are identified by an alphabetical designation and we have provided information on this website for the most frequently used temporary work visa - [Yuah Jessica Choi](https://lhscimmigration.com/about-us/our-attorneys/yuah-jessica-choi/) - Yuah Jessica Choi Partner Phone: 215-925-0705 ext. 0228 Fax: 267-507-1240 Email Jessica Jessica represents individuals and corporations in all types of immigration matters, including nonimmigrant visas, immigrant visas, PERM Applications, EB-5 Investor Visas, as well as family–based cases and naturalization. Jessica has lectured on business immigration topics at numerous conferences and seminars including the Philadelphia Bar Association's Bench - [Permanent Residence Business Immigration](https://lhscimmigration.com/expertise/business-immigration/permanent-residence/) - Permanent Residence Under current immigration law, employers may sponsor either current or potential employees for permanent resident status, colloquially known as a “green card,” which permits the sponsored to live and work indefinitely in the United States. With certain limited exceptions noted below, a foreign national may be eligible for permanent residence through self-sponsorship. The - [Immigration Links](https://lhscimmigration.com/links/immigration-links/) - Immigration Links U.S. Citizenship & Immigration Services (USCIS) Case Processing Times Check Case Status Online Admission (I-94) Number Retrieval Change of Address (AR-11 Instructions) Authorized Medical Exam Civil Surgeons Photograph Specifications Schedule InfoPass Appointment Naturalization Study Materials Directions to USCIS Philadelphia District Office Directions to Your Local Application Support Center (for biometrics) U.S. Department of - [Diversity Visa Lottery](https://lhscimmigration.com/expertise/individual-immigration/individual-immigration-permanent-residence/diversity-visa-lottery/) - Diversity Visa Lottery Every year the United States sets aside 50,000 permanent resident visas to be given away by lottery in order to preserve diversity among immigrants to the United States. The theory is that since most of our immigrants come from a limited number of countries, e.g., Mexico, Canada, China, the Philippines and India, - [Permanent Residence Individual Immigration](https://lhscimmigration.com/expertise/individual-immigration/individual-immigration-permanent-residence/) - Individual Immigration: Permanent Residence U.S. citizens and lawful permanent residents may sponsor certain relatives to become U.S. permanent residents based on five categories of immigrant visa categories. Congress has set an annual family-sponsored preference limit of 226,000 immigrant visas per fiscal year based on preference category and country of birth. Due to the high demand - [Additional Links](https://lhscimmigration.com/links/additional-links/) - Additional Links Pennsylvania Department of Motor Vehicles (DMV) Identification Requirements New Jersey Motor Vehicle Commission Identification Requirements Social Security Administration Request IRS Tax Transcript - [Skilled Workers](https://lhscimmigration.com/expertise/business-immigration/permanent-residence/skilled-workers/) - Skilled Workers The category of “skilled workers” is classified along with professionals in the third-preference employment-based category for permanent residence sponsorship. The critical difference between a skilled worker and a professional worker is that the USCIS requires, for the former, a requirement of at least two years of training or experience. That is, when an - [Asylum](https://lhscimmigration.com/expertise/individual-immigration/asylum/) - Applying for Asylum If you left your home country fearing for your life or safety or facing severe discrimination, or if these problems developed after you entered the United States, you may be eligible to apply for asylum status. To qualify for asylum the persecution you face in your home country must be based upon - [Petitioning for Relatives Outside the Country](https://lhscimmigration.com/expertise/individual-immigration/individual-immigration-permanent-residence/petitioning-for-relatives-outside-the-country/) - Petitioning for Relatives Outside the Country One of the benefits of gaining permanent resident and citizenship status in the United States is that these statuses permit you to petition for close relatives. Obtaining permanent resident status permits you to file for your spouse, and your unmarried sons and daughters. Obtaining citizenship status permits you to - [Fiancé Petitions](https://lhscimmigration.com/expertise/individual-immigration/individual-immigration-permanent-residence/fiance-petitions/) - Fiancé Petitions With the world seeming smaller and smaller, the chances that you or someone you know will meet and fall in love with a person from another country increase year by year. The fiancé petition turns out to be the best option for many U.S. citizens with a fiancé in a foreign country they - [Marriage-Based](https://lhscimmigration.com/expertise/individual-immigration/individual-immigration-permanent-residence/marriage-based/) - Marriage-Based Permanent Resident Status Based on marriage to an American citizen, you may qualify as an immediate relative. You may be eligible to file for permanent resident status even if you have previously worked without authorization or been in the United States without legal status. If you marry a permanent resident you still can adjust - [Hiring Foreign Nationals](https://lhscimmigration.com/expertise/business-immigration/employer-compliance-counseling/hiring-foreign-nationals/) - Hiring Foreign Nationals By way of background, the Immigration & Reform Control Act of 1986 (IRCA) made every employer in the country a deputy of U.S. Immigration and Customs Enforcement. Employers are required under that law to verify the identity and work authorization status of every employee of the business. The mechanism for compliance is - [Parking](https://lhscimmigration.com/contact/directions-and-parking/parking/) - Parking On Street Parking Kiosk parking may be available (costing roughly $2.00 per hour) on streets near our office, including Arch Street between 7th and 8th streets, 9th Street north of Market, and Appletree Street between 7th and 8th. Parking Lots and Garages There are a number of garages and lots near the office. - [Links](https://lhscimmigration.com/links/) - [Temporary Status](https://lhscimmigration.com/expertise/representation-in-removal-proceedings/temporary-visas-immigration-reform/) - Temporary Status H-1B Visa Reform would include the following: Will raise the base cap of 65,000 to 110,000. In future years, the cap can go as high as 180,000. Spouses of H-1B workers will be provided with work authorization if the sending country of the worker provides reciprocal treatment to spouses of U.S. workers. The - [News](https://lhscimmigration.com/news/) - Latest News & Views Immigration News Our firm strives to bring our clients up-to-date with the latest updates and developments in U.S. immigration law. We cover all aspects of immigration news which may have an effect on businesses and individuals. All Posts Immigration Alerts The ever-changing practice of immigration law requires constant monitoring of important - [The Agricultural Job Opportunity, Benefits, and Security Act](https://lhscimmigration.com/expertise/representation-in-removal-proceedings/the-agricultural-job-opportunity-benefits-and-security-act/) - The Agricultural Job Opportunity, Benefits, and Security Act The Agricultural Job Opportunity, Benefits, and Security Act (AgJOBS) would allow current undocumented farm workers to obtain legal status through an Agricultural Card Program. Undocumented farm workers who have made a substantial prior commitment to agricultural work in the United States would be eligible for an Agricultural - [Search](https://lhscimmigration.com/search/) - [U.S. Department of State (DOS)](https://lhscimmigration.com/links/u-s-department-of-state-dos/) - U.S. Department of State (DOS) Monthly Visa Bulletin US Embassies and Consulates Abroad J-1 Waiver Online Case Status Visa Wait Times - [Merit Based Visa](https://lhscimmigration.com/expertise/representation-in-removal-proceedings/merit-based-visa/) - Merit Based Visa The merit based visa, created in the fifth year after enactment, awards points to individuals based on their education, employment, length of residence in the US, and other considerations. Those individuals with the most points earn the visas. Those who access the merit based pathway to earn their visa are expected to - [Adjustment of Status](https://lhscimmigration.com/expertise/representation-in-removal-proceedings/adjustment-of-status/) - Adjustment of Status Immigrants without status may be adjusted to “Registered Provisional Immigrant” (RPI) legal status after the Southern Border Security Strategy and the Southern Border Fencing Strategy have been implemented. Except for immigrants eligible for the DREAM Act and the Agricultural legalization, RPI status holders will not be eligible to adjust to Lawful Permanent - [About Us](https://lhscimmigration.com/about-us/) - [All Posts](https://lhscimmigration.com/all-posts/) - [Contact](https://lhscimmigration.com/contact/) ## Home Slider - [Expertise](https://lhscimmigration.com/homeslider/slider-3/) - Expertise At Simon, Choi & Tuohy, we have dedicated our firm exclusively to the practice of immigration and nationality law since our founding in 1980. - [Innovation](https://lhscimmigration.com/homeslider/innovation/) - Innovation Our firm provides cutting-edge solutions to complex cases in employment, individual, and criminal immigration cases. - [Commitment](https://lhscimmigration.com/homeslider/commitment/) - Commitment We believe each client deserves personal attention and individualized representation. ## Categories - [Uncategorized](https://lhscimmigration.com/category/uncategorized/) - [Alerts](https://lhscimmigration.com/category/immigration-news/alerts/) - [News](https://lhscimmigration.com/category/immigration-news/news/) - [News](https://lhscimmigration.com/category/immigration-news/) - [Visa Bulletin](https://lhscimmigration.com/category/visa-bulletin/) - [Keeping Families Together Parole Process](https://lhscimmigration.com/category/keeping-families-together-parole-process/) ## Tags - [Immigration Research](https://lhscimmigration.com/tag/immigration-research/) - [Economic Benefits of Immigration](https://lhscimmigration.com/tag/economic-benefits-of-immigration/) - [CBO](https://lhscimmigration.com/tag/cbo/) - [Deportation](https://lhscimmigration.com/tag/deportation/) - [immigration activism](https://lhscimmigration.com/tag/immigration-activism/) - [This American Life](https://lhscimmigration.com/tag/this-american-life/) - [Chamber of Commerce](https://lhscimmigration.com/tag/chamber-of-commerce/) - [Paul Ryan](https://lhscimmigration.com/tag/paul-ryan/) - [S.744](https://lhscimmigration.com/tag/s-744/) - [Employment-Based Immigration](https://lhscimmigration.com/tag/employment-based-immigration/) - [Family-Based Immigration](https://lhscimmigration.com/tag/family-based-immigraiton/) - [Merit-Based Immigration](https://lhscimmigration.com/tag/merit-based-immigration/) - [STEM](https://lhscimmigration.com/tag/stem/) - [DOMA](https://lhscimmigration.com/tag/doma/) - [Supreme Court](https://lhscimmigration.com/tag/supreme-court/) - [same-sex couples](https://lhscimmigration.com/tag/same-sex-couples/) - [Green Card](https://lhscimmigration.com/tag/green-card/) - [DHS](https://lhscimmigration.com/tag/dhs/) - [John Boehner](https://lhscimmigration.com/tag/john-boehner/) - [George W. 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Backlog](https://lhscimmigration.com/tag/immigrant-visa-backlog/) - [DAPA](https://lhscimmigration.com/tag/dapa/) - [Immigration Reform](https://lhscimmigration.com/tag/immigration-reform/) - [EAD](https://lhscimmigration.com/tag/ead/) - [H-1B Cap](https://lhscimmigration.com/tag/h-1b-cap/) - [H-4 EAD](https://lhscimmigration.com/tag/h-4-ead/) - [Family Detention Centers](https://lhscimmigration.com/tag/family-detention-centers/) - [Department of Homeland Security](https://lhscimmigration.com/tag/department-of-homeland-security/) - [H-1B Extensions](https://lhscimmigration.com/tag/h-1b-extensions/) - [Premium Processing](https://lhscimmigration.com/tag/premium-processing/) - [Visa Waiver Program](https://lhscimmigration.com/tag/visa-waiver-program/) - [Omnibus bill](https://lhscimmigration.com/tag/omnibus-bill/) - [L-1](https://lhscimmigration.com/tag/l-1/) - [H-2B](https://lhscimmigration.com/tag/h-2b/) - [EB-5](https://lhscimmigration.com/tag/eb-5/) - [Special Immigrant Religious Workers](https://lhscimmigration.com/tag/special-immigrant-religious-workers/) - [E-Verify](https://lhscimmigration.com/tag/e-verify/) - [H-1B1](https://lhscimmigration.com/tag/h-1b1/) - [E-3](https://lhscimmigration.com/tag/e-3/) - [EB-1](https://lhscimmigration.com/tag/eb-1/) - [CW-1](https://lhscimmigration.com/tag/cw-1/) - [F-1](https://lhscimmigration.com/tag/f-1/) - [OPT Extension](https://lhscimmigration.com/tag/opt-extension/) - [Immigration](https://lhscimmigration.com/tag/immigration/) - [STEM OPT](https://lhscimmigration.com/tag/stem-opt/) - [United States v. Texas](https://lhscimmigration.com/tag/united-states-v-texas/) - [Filing Fees](https://lhscimmigration.com/tag/filing-fees/) - [I-9](https://lhscimmigration.com/tag/i-9/) - [Trump](https://lhscimmigration.com/tag/trump/) - [Muslim Ban](https://lhscimmigration.com/tag/muslim-ban/) - [Travel Ban](https://lhscimmigration.com/tag/travel-ban/) - [Iran](https://lhscimmigration.com/tag/iran/) - [Lawsuit](https://lhscimmigration.com/tag/lawsuit/) - [Permanent Residence](https://lhscimmigration.com/tag/permanent-residence/) - [L-1B](https://lhscimmigration.com/tag/l-1b/) - [L-1A](https://lhscimmigration.com/tag/l-1a/) - [O-1](https://lhscimmigration.com/tag/o-1/) - [E-1](https://lhscimmigration.com/tag/e-1/) - [E-2](https://lhscimmigration.com/tag/e-2/) - [TN](https://lhscimmigration.com/tag/tn/) - [Blanket L](https://lhscimmigration.com/tag/blanket-l/) - [I-129](https://lhscimmigration.com/tag/i-129/) - [President Trump](https://lhscimmigration.com/tag/president-trump/) - [Adjustment](https://lhscimmigration.com/tag/adjustment/) - 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