Leslie Dellon – Immigration Impact http://immigrationimpact.com Fri, 17 Aug 2018 14:00:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 Students and Exchange Visitors at Risk of Being Barred from U.S. Under New USCIS Policy http://immigrationimpact.com/2018/08/15/students-and-exchange-visitors-at-risk-of-being-barred-from-u-s-under-new-uscis-policy/ http://immigrationimpact.com/2018/08/15/students-and-exchange-visitors-at-risk-of-being-barred-from-u-s-under-new-uscis-policy/#respond Wed, 15 Aug 2018 20:20:28 +0000 http://immigrationimpact.com/?p=22980

U.S. Citizenship and Immigration Services (USCIS) issued a revised, final policy memorandum on August 9, 2018 that radically changes how the agency will determine when a foreign student or exchange visitor is “unlawfully present” in the United States. “Unlawful presence” is a legal term used to describe any time spent in the United States after […]

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New USCIS Policy Places Certain Students and Exchange Visitors at Serious Risk of Being Barred from the United States http://immigrationimpact.com/2018/05/17/uscis-policy-students-exchange-visitors-barred-united-states/ http://immigrationimpact.com/2018/05/17/uscis-policy-students-exchange-visitors-barred-united-states/#respond Thu, 17 May 2018 21:08:44 +0000 http://immigrationimpact.com/?p=22489

In another attempt to restrict legal immigration, U.S. Citizenship and Immigration Services (USCIS) announced a policy change to the way foreign students and exchange visitors accrue unlawful presence—a legal term used to describe any time spent in the United States after a foreign national’s period of authorized stay has ended. Effective August 9, 2018, this […]

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Is USCIS Exceeding Its Authority as It Attempts to Restrict “Specialty Occupation” Workers? http://immigrationimpact.com/2018/05/10/uscis-restrict-speciality-occupation-workers/ http://immigrationimpact.com/2018/05/10/uscis-restrict-speciality-occupation-workers/#respond Thu, 10 May 2018 21:04:42 +0000 http://immigrationimpact.com/?p=22459

As U.S. Citizenship and Immigration Services (USCIS) begins adjudicating H-1B petitions subject to the Fiscal Year (FY) 2019 “cap,”—the annual limit on the number of visas that will be made available for newly-hired foreign workers in “specialty occupations”—employers can expect attacks on this popular category to continue. Congress has defined a “specialty occupation” as requiring […]

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H-1B Cap Has Been Reached in First Week for Sixth Consecutive Year, USCIS Announces http://immigrationimpact.com/2018/04/06/h1b-cap-reached-uscis/ http://immigrationimpact.com/2018/04/06/h1b-cap-reached-uscis/#respond Fri, 06 Apr 2018 15:59:50 +0000 http://immigrationimpact.com/?p=22264

Demonstrating a critical demand for educated foreign workers in the United States, the annual H-1B cap has been reached within 5 business days. United States Citizenship and Immigration Services began accepting H-1B petitions on April 2, and on April 6, USCIS announced that it had received more petitions than the entire H-1B cap for Fiscal […]

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Judge Rules That Foreign Entrepreneurs Can Come to the United States to Grow Their Businesses http://immigrationimpact.com/2017/12/01/foreign-entrepreneurs-grow-businesses/ http://immigrationimpact.com/2017/12/01/foreign-entrepreneurs-grow-businesses/#respond Sat, 02 Dec 2017 00:37:41 +0000 http://immigrationimpact.com/?p=21598

Foreign entrepreneurs who want to build innovative companies in the United States received good news on Friday, when federal judge James E. Boasberg of the U.S. District Court ruled in favor of a lawsuit brought by the National Venture Capital Association (NVCA), entrepreneurs, and startup companies on September 19, 2017. Represented by the American Immigration […]

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New USCIS Policy Creates Obstacles for Employers and Foreign Workers http://immigrationimpact.com/2017/10/26/uscis-policy-employers-foreign-workers/ http://immigrationimpact.com/2017/10/26/uscis-policy-employers-foreign-workers/#respond Thu, 26 Oct 2017 22:15:45 +0000 http://immigrationimpact.com/?p=21478

In a major reversal of longstanding policy, U.S. Citizenship and Immigration Services (USCIS) has created new and unnecessary hurdles for employers and foreign employees temporarily working in the United States. In the past, USCIS followed a streamlined approach when employers filed petition extensions. Now, USCIS officers will be encouraged to redetermine every petition extension as […]

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Foreign Entrepreneurs Would Have Benefited From This Rule—The Trump Administration Wants to Rescind It, So We Sued http://immigrationimpact.com/2017/09/19/foreign-entrepreneurs-trump-rescind-sued/ http://immigrationimpact.com/2017/09/19/foreign-entrepreneurs-trump-rescind-sued/#respond Tue, 19 Sep 2017 22:48:27 +0000 http://immigrationimpact.com/?p=21322

The Trump administration has repeatedly promised to create jobs in the United States, and yet it has delayed a policy that would have fostered the growth of innovative companies and guaranteed thousands of jobs for American workers. The “problem” for the administration appears clear: though this policy would allow the United States to capitalize on […]

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Rule Delay Threatens New Program for International Entrepreneurs http://immigrationimpact.com/2017/08/01/rule-delay-program-international-entrepreneurs/ http://immigrationimpact.com/2017/08/01/rule-delay-program-international-entrepreneurs/#comments Tue, 01 Aug 2017 17:17:07 +0000 http://immigrationimpact.com/?p=21102

The Department of Homeland Security (DHS) has abruptly delayed the effective date of an important new program which would have allowed international entrepreneurs to develop their start-up companies in the United States. In the last days of the Obama administration, DHS issued the international entrepreneur rule (IER). The long-awaited rule was intended to begin to […]

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Training for U.S.-Educated Noncitizens Withstands Another Restrictionist Attack http://immigrationimpact.com/2017/05/12/training-u-s-educated-noncitizens-withstands-another-restrictionist-attack/ http://immigrationimpact.com/2017/05/12/training-u-s-educated-noncitizens-withstands-another-restrictionist-attack/#comments Fri, 12 May 2017 21:41:39 +0000 http://immigrationimpact.com/?p=20717

Some foreign students complete their stay in the United States by gaining professional experience in their field of study. Immigration restrictionists want to end that opportunity. For the second time, a court has ruled against a group that has repeatedly tried to stop foreign students in F-1 status from gaining post-graduation practical experience. A federal […]

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H-1B Annual Cap Reached in First Week for Fifth Consecutive Year http://immigrationimpact.com/2017/04/07/h1b-cap-2017/ http://immigrationimpact.com/2017/04/07/h1b-cap-2017/#respond Fri, 07 Apr 2017 21:35:08 +0000 http://immigrationimpact.com/?p=20571

U.S. employers are vying for the chance to hire skilled foreign workers, but once again, the annual H-1B cap has been reached within five business days. United States Citizenship and Immigration Services began accepting H-1B petitions on April 3, 2017 and, on April 7, USCIS announced that it had received more petitions than the entire […]

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Halt to Premium Processing of H-1B Visa Petitions Hurts Workers, Business and USCIS http://immigrationimpact.com/2017/03/07/h1b-premium-processing-halt/ http://immigrationimpact.com/2017/03/07/h1b-premium-processing-halt/#respond Tue, 07 Mar 2017 21:49:29 +0000 http://immigrationimpact.com/?p=20433

United States Citizenship and Immigration Services (USCIS) has announced it will halt premium processing of H-1B visa petitions on April 3, for up to six months. Through the H-1B visa category, employers can petition for highly educated professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent. This decision […]

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Change to National Interest Waiver Standard Gives More Entrepreneurs a Path to Permanent Residence http://immigrationimpact.com/2017/01/18/change-national-interest-waiver-standard-gives-entrepreneurs-path-permanent-residence/ http://immigrationimpact.com/2017/01/18/change-national-interest-waiver-standard-gives-entrepreneurs-path-permanent-residence/#comments Wed, 18 Jan 2017 22:30:55 +0000 http://immigrationimpact.com/?p=20176 The U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO), recently issued Matter of Dhanasar, which changes the standard that USCIS officers must follow when deciding whether to approve a “national interest waiver” for an immigrant visa petition. This waiver is granted when the foreign national’s work is determined to be in the “national […]

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Department of Justice Issues Final Rule About Unfair Immigration-Related Employment Practices http://immigrationimpact.com/2017/01/05/department-justice-issues-final-rule-unfair-immigration-related-employment-practices/ http://immigrationimpact.com/2017/01/05/department-justice-issues-final-rule-unfair-immigration-related-employment-practices/#respond Thu, 05 Jan 2017 22:40:16 +0000 http://immigrationimpact.com/?p=20108

The U.S. Department of Justice’s (DOJ) Civil Rights Division recently issued a final rule, effective January 18, to update regulations that the agency uses to enforce employment-related anti-discrimination provisions that Congress included in the “unfair immigration-related employment practices” section of the Immigration and Nationality Act (INA).  The agency maintains that the update clarifies the procedures […]

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Administration’s Proposal Unlikely to Encourage Foreign Entrepreneurs to Choose the United States http://immigrationimpact.com/2016/11/03/administrations-proposal-unlikely-encourage-foreign-entrepreneurs-choose-united-states/ http://immigrationimpact.com/2016/11/03/administrations-proposal-unlikely-encourage-foreign-entrepreneurs-choose-united-states/#comments Thu, 03 Nov 2016 19:59:49 +0000 http://immigrationimpact.com/?p=19848

The U.S. has long been the beneficiary of the new ideas and energy generated by immigrants, yet today’s U.S. immigration system does a poor job of accommodating foreign entrepreneurs who want to turn their ideas into a viable business. Recognizing the competitive disadvantage to the U.S., the Department of Homeland Security Secretary Jeh Johnson directed […]

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Lawsuit Against DHS and USCIS Seeks Transparency in H-1B Lottery Process http://immigrationimpact.com/2016/05/23/h1b-lawsuit/ http://immigrationimpact.com/2016/05/23/h1b-lawsuit/#comments Mon, 23 May 2016 21:05:28 +0000 http://immigrationimpact.com/?p=19154

Each year, U.S. employers seeking highly skilled foreign professional workers submit petitions on the first business day of April to U.S. Citizenship and Immigration Services (USCIS) for the limited pool of H-1B nonimmigrant visa numbers available for the coming fiscal year, which are capped at 65,000 for new hires and 20,000 for those who graduate […]

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New Rule Improves Learning Experience for International Students With STEM Degrees http://immigrationimpact.com/2016/03/21/rule-improves-learning-experience-international-students-stem-degrees/ http://immigrationimpact.com/2016/03/21/rule-improves-learning-experience-international-students-stem-degrees/#respond Mon, 21 Mar 2016 20:55:54 +0000 http://immigrationimpact.com/?p=18847

This month, the Department of Homeland Security (DHS) issued a final rule which will allow international students in certain science, technology, engineering or mathematics (STEM) fields to maximize their educational experience in the United States. The rule accomplishes this by preserving an extension of the period of time during which they may take part in […]

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Second Circuit Requires Government to Notify Affected Parties Prior to Visa Petition Revocation http://immigrationimpact.com/2016/01/08/immigrant-visa-petition/ http://immigrationimpact.com/2016/01/08/immigrant-visa-petition/#respond Fri, 08 Jan 2016 20:05:02 +0000 http://immigrationimpact.com/?p=18375

In a breakthrough decision issued at the end of last year, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (USCIS) must provide notice of its intent to revoke an immigrant visa petition to those who actually will be affected by the […]

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Visa Bulletin Change Fails to Deliver http://immigrationimpact.com/2015/10/15/visa-bulletin-change-fails-to-deliver/ http://immigrationimpact.com/2015/10/15/visa-bulletin-change-fails-to-deliver/#respond Thu, 15 Oct 2015 16:27:03 +0000 http://immigrationimpact.com/?p=18073

A grave error was made last month by the Departments of State (DOS) and Homeland Security (DHS) when they dashed the hopes of thousands of would-be permanent resident applicants who had expected to apply to adjust their status in October, but became ineligible after DOS reissued the monthly Visa Bulletin. When a second Visa Bulletin […]

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Visa Bulletin “Do-Over” Undercuts Visa Modernization http://immigrationimpact.com/2015/09/29/visa-bulletin-do-over-undercuts-visa-modernization/ http://immigrationimpact.com/2015/09/29/visa-bulletin-do-over-undercuts-visa-modernization/#respond Tue, 29 Sep 2015 20:11:53 +0000 http://immigrationimpact.com/?p=18001

Earlier this month, the immigration agencies took a positive step forward in implementing the executive action promise to reform the visa system when they issued the October Visa Bulletin, informing the public about who would be eligible to apply for lawful permanent resident status in October. But now the agencies have stepped back from that […]

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First Step in Visa Modernization: Making the Wait More Palatable http://immigrationimpact.com/2015/09/11/immigrant-visa-modernization-2015/ http://immigrationimpact.com/2015/09/11/immigrant-visa-modernization-2015/#respond Fri, 11 Sep 2015 21:32:57 +0000 http://immigrationimpact.com/?p=17941

U.S. Citizenship and Immigration Services (USCIS) has taken a positive step, together with the U.S. Department of State (DOS), to encourage noncitizens to “stay the course” as they endure long waits for permanent residence. Beginning in October, more people who are waiting in the United States for an immigrant visa to be available to them […]

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