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Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1, eligible Israeli nationals already in the United States in a lawful nonimmigrant status can file Form I-129, Petition for a Nonimmigrant Worker, to request a change of status to E-2 classification, or a qualifying employer can file the petition on their behalf. Spouses and unmarried children under 21 years of age of [...]
Read More ›USCIS Revises Guidance on Calculation of Unlawful Presence for Students and Exchange Visitors
- Category: Featured Articles Immigration
On May 10, 2018, USCIS issued a Policy Memorandum offering new guidance to immigration officers on the calculation of unlawful presence for those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents, admitted for “duration of status” or until a specific date. Under prior USCIS policy, foreign students and exchange visitors who were admitted for, or present in the United States in, duration of status (D/S) [...]
Read More ›Impact of Government Shut-Down on Immigration Processing
- Posted By: Leonard D'Arrigo
- Category: Featured Articles Immigration
On January 20, 2018, the federal government entered into a partial shutdown. Generally, agencies that receive funding from filing fees or other government sources are expected to remain open, but are expected to experience service delays. Immigration processes and agencies will be impacted as explained below. U.S. Citizenship and Immigration Services U. S. Citizenship and Immigration Services (USCIS) and its field offices will remain open. According to USCIS.gov, “The current lapse in [...]
Read More ›USCIS Issues New “Notice to Appear” Policy, With Significant Impacts on Applicants for Immigration Benefits
- Category: Articles Immigration
On July 5, 2018, U.S. Citizenship & Immigration Services (USCIS) published new guidance regarding its procedures and policies for issuing Notices to Appear (NTA). An NTA is a charging document that is issued to foreign nationals, placing them in removal proceedings and directing them to appear before an immigration judge. The Department of Homeland Security has long relied upon its enforcement arm, Immigration and Customs Enforcement (ICE) to handle the issuance of NTAs in most cases. [...]
Read More ›USCIS Updates Procedures on Issuance of Requests for Evidence and Notices of Intent to Deny
- Category: Articles Immigration
On July 13, 2018, USCIS issued a policy memorandum, providing guidance to adjudicators regarding the discretion to deny an application, petition, or other benefit request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if required evidence is not submitted with the initial petition/application package, or if the evidence in the record does not establish eligibility for the benefit sought. This guidance is effective September 11, 2018.This policy memo [...]
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