JCS Immigration, Visa & Naturalization Law Office

Takeaways from the Department of State’s March 2021 Chats with Charlie Oppenheim AILA Doc. No. 21032661 | Dated March 26, 2021 AILA’s DOS Liaison Committee provides takeaways from the DOS’s first Chats with Charlie held on 3/17/21 on the U.S. Department of State: Consular Affairs YouTube channel. This will be a recurring monthly segment where Charlie Oppenheim responds to the public’s questions regarding the Visa Bulletin.... https://jcsla.wordpress.com/2021/03/29/3976/

This is just in. Automatic 180 day extension of employment authorization without I-765 receipt! USCIS acknowledges OPT application receipt delay and in remedy p...rovides automatic employment authorization extension for 180 days while the receipt issues are being sorted out. So, if you filed your STEM OPT application and you have not received the receipt, and no filing fee has been taken by USCIS, you are still work authorized for 180 days awaiting receipt. Good news overall! See more

Navigating the USCIS Contact Center AILA Doc. No. 19101631 | Dated February 10, 2021 Recent Changes to the USCIS Contact Center USCIS has recently updated the USCIS Contact Center phone-tree system. Specifically, the USCIS Contact Center no longer requires numeric prompts and is now completely speech enabled through an Interactive Voice Response (IVR) system. USCIS recently made changes to the IVR so that a caller must first go through the IVR system before reaching live assistance.... https://jcsla.wordpress.com//navigating-the-uscis-contact/

Featured Issue: DHS and DOL Rules Altering the H-1B Process and Prevailing Wage Levels Latest Updates! As of January 20, 2021 On January 20, 2021, White House Chief of Staff Ron Klain issued a memorandum regarding review of pending regulatory actions which directs, in part, that 1) all rules pending at the Federal Register that have not been published must be immediately withdrawn and 2) agencies must consider postponing the effective dates for regulations that have been published, but not yet taken effect, for 60 days from the date of this memorandum.... https://jcsla.wordpress.com//dhs-and-dol-rules-altering-t/

Concerning Impact of Preliminary Stay in Gomez v. Trump on DV-2020 Selectees AILA Doc. No. 20090838 | Dated September 8, 2020 On September 4, 2020, the U.S. District Court for the District of Columbia granted preliminary relief in part in Gomez, et al., v. Trump, et al., a lawsuit filed by AILA, Justice Action Center, and Innovation Law Lab, with pro bono support from Mayer Brown LLP, to challenge the [ 320 more words ] http://www.jcsimmigration.com/advice-for-dv-2020-selectees/

Visa Chargeability in Light of Executive Order on Hong Kong Normalization Dated September 8, 2020 Background: There has been a lot of speculation among members about whether the July 14, 2020 Executive Order on Hong Kong Normalization (PP 13936) impacts the visa chargeability of individuals born in Hong Kong. The order suspends the application of 201(a) of the U.S.-Hong Kong Policy Act of 1992, as amended, to 103 of the Immigration Act of 1990 and 203(c), 212(l), and 221(c) of the INA, as amended. [ 319 more words ] http://www.jcsimmigration.com/visa-chargeability-in-light-/

Generally, LPR must present admission document upon entry to the US or be inadmissible. INA Section 212(a)(7)(A). LPR must present green card (I-551), or re-entry permit, but USCIS may waive requirement. 8 CFR 211.1(b). If an LPR returns without proper documents after temporary absence abroad and good cause exists for the failure to present an unexpired immigrant visa, permanent resident card, or re-entry permit, LPR may request a waiver at the port of entry under INA 212(d)(4) which CBP executes on an I-193 form. [ 417 more words ] http://www.jcsimmigration.com/re-entry-permit/

National Interest Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak Last Updated: August 12, 2020 On June 22, the President signed Presidential Proclamation (P.P.) 10052, which extends P.P. 10014, which suspended the entry to the United States of certain immigrant visa applicants, through December 31, 2020. [ 3,077 more words ] http://www.jcsimmigration.com/national-interest-exceptions/

Practice Pointer: Options for LPRs Seeking Documentation for Form I-9 Verification AILA Doc. No. 20072239 | Dated September 1, 2020 The COVID-19 pandemic and the resulting USCIS Field Office closures, elimination of the USCIS online Infopass system, the USCIS budget shortfall and resident alien card production delays have created a perfect storm for those in need of proof of status required for the Form I-9, Employment Eligibility Verification requirements. [ 362 more words ] http://www.jcsimmigration.com/options-for-lprs-seeking-doc/

Government Withdraws Appeal in Guilford College Case, Making District Court Decision on USCIS Unlawful Presence Memo Final AILA Doc. No. 18102471 | Dated August 3, 2020 August 3, 2020 The government withdrew its appeal and so the court granted the government’s motion to voluntarily dismiss the case. (Guilford College, et al., v. Wolf, et al., 8/3/20) [ 626 more words ] https://jcsla.wordpress.com//2018-unlawful-presence-memo-/

USCIS increases fees and offers a discount when applicant files online for those very limited applications that are available online. More information to come. ...There should be a final fee list soon. Don't ask for it from me yet. It's going to be a busy day. =) New Fee Schedule to start on October 2st (New Fiscal Year)

Practice Alert: Guidance for Demonstrating an Exemption to Presidential Proclamations That Suspend Entry Due to COVID-19 AILA Doc. No. 20072934 | Dated July 29, 2020 When a prospective traveler is explicitly exempt to the COVID-19 related travel bans, United States Customs and Border Protection (CBP) does not need to be notified in advance of travel to have an exemption waiver approved before attempting to board. [ 619 more words ] http://www.jcsimmigration.com/guidance-for-demonstrating-a/

Good news! Hot off the press. Poor people now can still get a green card during the pandemic. Court stops implementation of Public Charge rule during pandemic. Overall, this seems another small victory against Trump's unreasonable policy against immigrants. https://www.cnn.com//politics/public-charge-co/index.html news! Hot off the press. Poor people now can still get a green card during the pandemic. Court stops implementation of Public Charge rule during pandemic. Overall, this seems another small victory against Trump's unreasonable policy against immigrants.

ASC appointment returns in Los Angeles County! We have received an ASC appointment from Los Angeles, signaling the reopening of Immigration Application Support Center.

AILA Doc. No. 20072030 | Dated July 20, 2020 The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own. [ 2,298 more words ] https://jcsla.wordpress.com//summary-and-issues-of-partic/