Important Announcements

April


DACA Continues on Life Support

DACA continues to be available to any previously granted DACA recipient, even if expired. Further, many DACA recipients are eligible for other visa options including spousal petitions, employment sponsorship, TPS, asylum, special status for juveniles, visas for victims of trafficking or other crimes, or cancellation of removal.

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Supreme Court Affirms "Crime of Violence" Language Unconstitutionally Vague For Deportation

In Sessions v. Dimaya, the Supreme Court affirmed the Ninth Circuit's judgment that the language in 18 USC §16(b), as incorporated into the INA, that defines a "crime of violence" is unconstitutionally vague.

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Child Born Outside US Out of Wedlock Acquisition of US Citizenship Update

The USCIS Policy Manual has been updated to clarify certain requirements for acquisition of U.S. citizenship for children born outside the United States and out of wedlock under sections 301 and 309 of the Immigration and Nationality Act (INA). The Policy Alert is available here...

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In the Matter of Jose MARQUEZ CONDE, Respondent

The BIA Sustained the respondent's appeal and remanded the case to the immigration judge for further proceedings, stating that its holding in Matter of Pickering regarding the validity of vacated convictions on the basis of a procedural or substantive defect in the underlying proceedings for immigration purposes, is reaffirmed as, and the decision is modified to give it nationwide application. Thus, if a court with jurisdiction vacates a conviction based on a defect in the underlying criminal proceedings, the respondent no longer has a "conviction" within the meaning of section 101(a)(48)(A).

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EB5 Continues Until September 30, 2018

The Congress approved spending package and continuing resolution extends the EB-5 program until September 30, 2018. The extension maintains the EB-5 Regional Center Program rules as-is, including the investment amounts of $500,000 for Targeted Employment Area (TEA) markets.

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California Sanctuary School Guidance

The State of California Provides Guidance and Model Policies to Assist K-12 School in Responding to Immigration Issues to equip local educational agencies with procedures for responding to actions and requests for information by any law-enforcement officer for purposes of enforcing immigration laws.

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President's Memo To End ‘‘Catch and Release’’ with Enhancements to Immigration Enforcement

The White House issued a presidential memorandum to the secretaries of DOS, DOD, DOJ, HHS, and DHS, to end the "catch and release" policy at the border and directing other enhancements to immigration enforcement. (83 FR 16179, 4/13/18)

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DOS Updates Its Guidance on Presidential Proclamation 9645

The Department of State (DOS) updated its guidance on Presidential Proclamation 9645, as visa restrictions imposed on nationals of Chad were lifted.

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USCIS Completes the H-1B Cap Random Selection Process for FY 2019

As you may know the H1B is the most often employer sponsored U.S. employment authorization and Litwin & Smith has an impeccable record of H1B filing success.

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Chad U.S. Travel Visas Restored

DHS announced that President Trump stated that Chad has raised its security standards to meet baseline U.S. national security requirements. Therefore, its nationals will again be able to receive visas for travel to the United States.


DOS Announces Presidential Proclamation Lifts Travel Restrictions for Chad

DOS announced a Presidential Proclamation lifts travel restrictions for Chadian nationals following a period of review and improvement of Chad’s identity-management and information sharing practices. DOS stated that travel restrictions will be terminated effective April 13, 2018.

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New E-Verify.gov Website a User-Friendly Source to Verify Employment Eligibility

U.S. Citizenship and Immigration Services (USCIS) today announced the launch of a new website, E-Verify...

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NAFTA TN and E Visas Support U.S. Consumers, Investment and Jobs

The National Foundation for American Policy provided a policy brief by Kathleen Campbell Walker on the impact that eliminating the North American Free Trade Agreement’s (NAFTA) trade provisions might have on TN and E visas. AILA Doc. No. 18040437

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White House Issues Memo Ends "Catch and Release"

The White House issued a memorandum ending the "catch and release" policy at the border and directing other enhancements to immigration enforcement.

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USCIS Reaches FY 2019 H-1B Cap

USCIS has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap.

The agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings.

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Undeliverable Permanent Resident and Employment Authorization Cards and Travel Documents to be Destroyed After 60 Days

Starting April 2, USCIS will destroy Permanent Resident Cards, Employment Authorization Cards and Travel Documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted by the document’s intended recipient to provide the correct address. USCIS encourages applicants to report a change of address within 10 days of relocation using the procedures outlined at uscis.gov/addresschange.


Archived Important Announcements