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Tahmina Watson Immigration law update

Ninth Circuit Upholds Partial Injunctions on USCIS Public Charge Rule

The seemingly never-ending public charge saga continues, with the pendulum swinging the other direction. Public charge is now “off” again, at least in the states of CA, DC, ME, OR, PA, and WA. Yesterday, the Ninth Circuit partially upheld two District Court injunctions on the public charge rule, declining to make the injunctions applicable nationwide[…]

Tahmina Watson Immigration law update

BREAKING: Seventh Circuit Stays Decision to Vacate the Public Charge Rule

The yo-yo continues. Following Monday’s announcement that a District Court had vacated the public charge rule, this morning the 7th Circuit put an administrative stay on lower court’s ruling which vacated the public charge rule, meaning public charge is back ON again. Greencard applicants, at least for the time being, will have to submit their[…]

Watson Immigration Law News Update

BREAKING: District Court Vacates DHS Public Charge Rule Nationwide

The on-again, off-again public charge saga continues, as a District Court has vacated the DHS/USCIS final rule on public charge. The ruling takes effect immediately and USCIS may not apply the public charge as of today, meaning that applicants for greencards no longer have to submit the dreaded Form I-944 and its mountainous supporting documents.[…]

Tahmina Watson Immigration law update

BREAKING: Trump Administration Announces H-1B Visa Overhaul

Today, the DHS and DOL announced the much anticipated and dreaded rules, which affect H-1B visas and Prevailing Wage requirements for H-1Bs/PERMs, respectively. Both rules will be published as Interim Final Rules, meaning the agencies can forego the usual notice and comment requirements, with the DHS rule set to take effect 60 days from tomorrow[…]

Tahmina Watson Immigration law update

DHS Proposes Rule to “Strengthen” Affidavit of Support Process

More chaos and cruelty from the Trump administration. DHS is now proposing a rule to, among other things, require Affidavit of Support sponsors to submit credit reports/scores, certified copies of income tax returns, and bank account information. Additionally, any sponsor who has received a public benefit in the 36 months preceding filing will have to[…]

Tahmina Watson Immigration law update

USCIS Response to Preliminary Injunction of Fee Rule

Following the nationwide preliminary injunction which stopped the new USCIS fee schedule from taking effect on Friday, USCIS responded in kind, claiming they are severely underfunded and this move would hurt the agency.   Copied from USCIS:   Release Date 09/30/2020 WASHINGTON-U.S. Citizenship and Immigration Services Deputy Director of Policy Joseph Edlow issued the following[…]

Tahmina Watson Immigration law update

ICE To Propose Rule Establishing a Fixed Time Period of Admission for F, J, and I Nonimmigrants

In the most recent attack on immigration by this administration, ICE has proposed a new rule that will change the period of admission for F, J, and I visa holders to a fixed duration, departing from the long standing practice of admitting those individuals for “duration of status.” The proposed rule will also include a[…]

Tahmina Watson Immigration law update

BREAKING: Supreme Court Upholds DACA, Blocks Trump Admin from Rescinding Program

Finally some good news. In a major victory for immigration advocates across the country, the Supreme Court ruled Thursday morning that the Trump administration cannot move forward with its plan to rescind the DACA program, dealing a huge blow to its anti-immigration agenda. In a 5-4 decision, the high court ruled that the DHS violated[…]

Tahmina Watson Immigration law update

DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply

All it took was a global pandemic for USCIS to start behaving somewhat reasonably. The agency recently announced some temporary flexibility and relaxation of requirements as pertains to H-2A agricultural workers in order to promote stability and prevent disruption in the agriculture sector, and ensure the continuity of the nation’s food supply chain. First, it[…]

Tahmina Watson Immigration law update

COVID-19 Delays in Extension/Change of Status Filings

USCIS announced today that the agency recognizes that COVID-19 is presenting unique immigration-related challenges, particularly in the sense that a global pandemic may make it difficult for nonimmigrants to depart the United States at the end of their period of authorized stay. USCIS says it is carefully examining all of these issues and is considering[…]