Category: Immigration

K-3 Spousal petitions for Muslim spouse abroad. Since Donald Trump won the election will a spousal visa from a Muslim country be harder to get. Will people from Muslim countries have a harder time obtaining a spousal visa if they are married to US citizens since Donald trump is the new president or will it remain the same under his

“When President-Elect Trump takes office what will happen to people with the DACA?” This question is being asked in U.S. immigration forums everywhere. We at Litwin & Smith understand your anxiety and assure you that we advocate to protect persons with DACA. While President-elect Donald Trump put immigration at the forefront of his campaign for the White House. And, Deferred

On 11/7/16, USCIS updated its H-2B cap count for FY2017, stating that it has approved 11,696 beneficiaries and has 1,113 pending beneficiaries towards the 33,000 cap amount. Cap Count for H-2B Nonimmigrants Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt or not subject to the H-2B cap. Fiscal Year 2017 H-2B

USCIS will publish a revised Form I-9, Employment Eligibility Verification soon. The revised form is expected by November 22, 2016. Employers may continue using the Form I-9 dated 03/08/2013 through Jan. 21, 2017. Assuming the new Form I-9 is published by Jan. 22, 2017, employers must use the revised form by that date. Employers should continue to retain and store previously

Over the last several months we began receiving reports of denials of I-539 change of status applications from B-2 to F-1 despite the I-539 being timely filed. What was happening is USCIS delays required the school’s DSO to defer the program start date in SEVIS prior to adjudication of the change of status. In these cases the deferred start date

There are two key groups of individuals whose IRS Individual Tax Identification Numbers Expire (ITIN). Those ITIN holders may need to renew an ITIN so it will be in effect for returns filed in 2017. The ITIN holders include:  Unused ITINs. ITINs not used on a federal income tax return in the last three years (covering 2013, 2014, or

A Department Of Labor Administrative Law Judge found that attorney’s fees cannot be deducted from an employee’s required wage but that it was acceptable for the deduction to come from the final paycheck for unused vacation time. (Administrator v. Woodmen of the World Life Insurance Society, 10/26/16) OALJ on H-1B Repayment Agreement: Matter of Woodmen of the World Life Insurance

USCIS Increases Validity of Work Permits to Two Years for Asylum Applicants https://www.uscis.gov/news/alerts/uscis-increases-validity-work-permits-two-years-asylum-applicants Effective October 5, 2016, USCIS has increased the validity period for initial or renewal Employment Authorization Documents for asylum applicants from one year to two years. Applicants with pending asylum claims file Form I-765, Application for Employment Authorization, under category (c)(8). This change applies to all (c)(8)-based

Immigration Filing Fees 23 December 2016 DHS final rule with the fee schedule for USCIS immigration and naturalization benefit requests. DHS increased fees by a weighted average of 21 percent. Applications and petitions mailed, postmarked, or otherwise filed on or after 12/23/16 must include new fee. (81 FR 73292, 10/24/16). The current USCIS fee schedule and the new fees, effective

The Ninth Circuit Court of Appeals ordered that Ledezma-Cosino v. Lynch, originally decided by a three-judge panel of the Ninth Circuit on 3/24/16, be reheard en banc. (Ledezma-Cosino v. Lynch, 10/12/16). The panel granted Salomon Ledezma-Cosino’s petition for review of the Board of Immigration Appeals’ decision finding him ineligible for cancellation of removal or voluntary departure because he lacked good