On day one, President Biden reversed two H-1B rules recently issued by the Trump Administration that have stymied H-1B employers and employees. Trump H-1B Regulations – What Are They? The Trump Administration issued 2 new H-1B rules in the past few months. The first, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” narrowly amends a regulation… Read more »
Colorado Immigration Lawyer Blog
Current Immigration Legal Issues
Biden Prioritizes Immigration Reform
In a drastic change from the past several years, President-Elect Biden has announced that on Day 1, January 20, 2021, he will propose his immigration reform plan to Congress. According to the Washington Post, “the centerpiece of the plan from Biden and Vice President-elect Kamala D. Harris is the eight-year pathway, which would put millions… Read more »
Federal Court Rules to Fully Re-Implement DACA
Good news for DACA advocates this week! A federal judge in New York ruled that the Trump Administration should re-install the program as established under the Obama Administration in 2012 to its “full” capacity. What Happened Since 2017, the Trump Administration has attacked the DACA program as unconstitutional. However, after several court fights, the Supreme… Read more »
Lost My H-1B Job? What are My Rights and Options?
During the COVID-19 pandemic, I received several questions from H-1B workers who are losing their jobs. The H-1B non-immigrant work visa allows foreign workers to temporarily work in the U.S. in specialty fields such as IT, architecture, engineering, mathematics, science, and medicine. While many advantages to H-1B status, one drawback is that your rights to… Read more »
I Am In H Status and Am Terminated, Furloughed, or Wage Reduced: H-1B and H-2B Life after Covid-19
Covid-19 has turned the US labor market into a bloodbath – but it’s even worse for those foreign persons who work here temporarily on visas like the H-1B (professional) or H-2B (seasonal workers). First, try to get the employer to give the H worker time to change into a different status before the effective termination… Read more »
Drastic Change in application of Public Charge Rule effective February 24, 2020
In B.C. (Before Coronovirus), USCIS and the US Department of State were permitted after litigation favored the Trump Administration in January 2020, to proceed with their much expanded application of the “public charge” rule. The new rules take effect for both agencies on February 24, 2020. The essence of the rule has remained the same… Read more »
Recap of Southern Border Crisis This Summer
The southern border of the United States has long been a point of entry for people migrating from or through Mexico into the States. Due to a surge of undocumented Central Americans seeking asylum in the States at the southern border, a crisis at the border was declared by the Obama Administration in 2014. The… Read more »
Recap of H-1B Season 2019-20
On August 15, 2019, United States Citizen and Immigration Services (USCIS) formally announced the return of all rejected H-1B cases who lost in the H-1B lottery this fiscal year. The lottery was completed on 11th April 2019. Here’s a quick recap of the H-1B Season 2019-20: More petitions were filed 201,011 foreign nationals put in… Read more »
USCIS Expands Interviews – Will Slow USCIS Denver Processing Times
USCIS today confirmed reports from Politco.com and NBC News that it would be expanding interviews to employment-based permanent resident (aka “green card”) applicants and others who file their applications in the US. Currently, employment-based applicants are generally waived of an interview, which normally does take place for family-based applicants. This will likely slow down processing times…. Read more »
Comprehensive Immigration Reform Trump Style – The Raise Act
On August 2, 2017, Senators Tom Cotton (R-AR) and David Perdue (R-GA) introduced a new comprehensive immigration reform bill — Reforming American Immigration for a Strong Economy (RAISE) Act. The plan was endorsed by President Trump on the same day. The American Immigration Lawyers Association (AILA) summarizes the highlights of this immigration reform bill: Aims… Read more »
Dream Act of 2017 – What’s It All About?
Dream Act of 2017 Introduced With Bipartisanship in the Senate Now here is some legislation both parties can support! The Dream Act was introduced in light of concerns that the Deferred Action Childhood Arrival (DACA) Program may not survive a legal challenge in the courts this year. This is driving the push for Congress to… Read more »
Supreme Court Allows Partial Travel Ban to Proceed
Today the Supreme Court of the United States (SCOTUS) decided to take up the “travel ban” case that has arisen in the 4th and 9th Circuits, and has postponed President Trump’s efforts to ban for 90 days all nationals from entering the United States who are from the following countries: Libya, Yemen, Syria, Somalia and… Read more »
USCIS Announced that All H-1B Rejections for FY2016-17 Processed
Well, another disappointing H-1B season as I had NOT ONE client win the H-1B lottery this fiscal year. It made me realize that I actually had been lucky over the past 5 years since the lottery process has been really competitive with one or more clients winning – but not this year. The H-1B gods… Read more »
Supreme Court Stops DAPA – the Undocumented Immigrant Program
On June 23, 2016, the Supreme Court resulted in a tie vote 4-4 on whether to allow the Obama Administration’s “Immigration Plan” to be implemented. Announced in November 2014 – and also referred to as Executive Action on Immigration or Deferred Action for Parent Accountability (DAPA), the decision was heart-breaking for about 5 million undocumented… Read more »
Why Was My Visa Not Approved ? The Pitfall of Administrative Processing
Have you ever applied for a US visa and been told that your case is “on hold” then waiting weeks or months in the dark? This is very frustrating and unfortunately a very non-transparent area of immigration processing. It is likely that your case is in Administrative Processing. Administrative processing is “code” for delaying adjudication… Read more »