Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

Updated USCIS and Consular Procedures for Cuba

12/22/2017

On December 22, 2017, USCIS announced that due to staff reductions at the U.S. Embassy in Havana, Cuba, USCIS will temporarily suspend operations at its field office in Havana, effective immediately.

During this time, the USCIS field office in Mexico City, Mexico, will assume Havana, Cuba jurisdiction.

Cuban Family Reunification Parole (CFRP) Program - remains in place, and USCIS is working with the U.S. Department of State to ensure that the CFRP Program continues to operate and will announce arrangements for interview/travel document processing for CFRP beneficiaries soon.

More information is here.

Cuban Medical Professional Parole (CMPP) Following-to-Join Spouse or Child - remains in place (agreement signed by the previous Administration on January 12, 2017), and USCIS is working with the U.S. Department of State to ensure that CMPP following-to-join cases continue for spouses and children to be processed and will announce arrangements for interview/travel document processing soon.

More information is here.

General information about the U.S. Embassy in Havana, Cuba is available on the embassy website. You may also contact the embassy by calling 011(53)(7)839-4100 or by mailing to:
U.S. Embassy Havana, Calzada between L & M, Vedado Havana, Cuba.

For emergency inquiries, you can continue contacting the USCIS Havana Field Office at [email protected]. For any other information on the services we provide, please contact the USCIS field office in Mexico City.

USCIS to Begin Accepting Applications under the International Entrepreneur or Startup Parole Rule

12/15/2017

On December 14, 2017, USCIS published an announcement that they will begin accepting applications under the International Entrepreneur Rule or Startup Parole Rule (which was scheduled to take effect on July 17, 2017, but was postponed by current administration with intent to rescind).

The IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018.

However, a December 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The December 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.

The IER or Startup Rule was published in the Federal Register on January 17, 2017 to provide the international entrepreneurs a new avenue to apply for parole, enter the U.S., and establish and grow start-up businesses.

Parole is a discretionary grant made by the DHS and is granted only on a case-by-case basis for urgent humanitarian reasons or significant public benefit. The rule established new criteria to guide the adjudication of parole applications from certain foreign entrepreneurs, providing them with temporary permission to come to the country. The rule did not afford a path to citizenship, which only Congress can do.
On Jan. 25, 2017, President Trump issued Executive Order 13767, Border Security and Immigration Enforcement Improvements, which requires the Secretary of Homeland Security to ensure that parole authority is exercised only on a case-by-case basis, and only when an individual demonstrates urgent humanitarian reasons or a significant public benefit due to the parole.

Guidance on how to submit IER applications is available on USCIS International Entrepreneur Parole page.
Please note: while DHS implements the IER, DHS will also proceed with issuing a notice of proposed rulemaking (NPRM) seeking to remove the Jan. 17, 2017, IER. DHS is in the final stages of drafting the NPRM.

Read full text of the announcement at USCIS website here.

It appears that the USCIS made this announcement after the December 1st 2017 court ruling, however, USCIS plans to issue a new rule which will repeal and rescind the Startup Rule in the near future.

Please read our previous blog posts on this topic here , here, and here.

Holiday Travel Advisory

12/13/2017

Before making international travel plans, foreign nationals (with the exception of Canadians) must have a valid visa in their passports (preferably multiple-entry) to re-enter the United States. People who did not previously obtain a visa in connection with their current nonimmigrant status (had "change of status"), or whose visa has expired, will need to apply for an appropriate visa at the U.S. Consulate in their home country (and may need to submit a visa application and schedule a visa appointment before they depart the USA). The only exception is for visits to Mexico or Canada for less than 30 days under the visa revalidation rule. People traveling internationally must also have a valid and unexpired passport (or other travel document).

U.S. Consulates' visa processing procedures and times vary. Visa applicants should check the website of the Consulate where they plan to apply for their visa to obtain the most accurate information. Due to the increased security and mandatory interviews at most Consulates, visa issuance processing times are unpredictable and could be delayed.

Please visit the U.S. Department of State for information regarding current visa appointment and processing wait times for each Consulate. We recommend a minimum of three to four weeks for the visa process.
Foreign nationals in the United States, who have a pending “change of status” or "extension of status" petition (from one nonimmigrant classification to another, or extension of the status in the same visa category) must remain in the United States until adjudication on their petition is complete. Foreign nationals who travel abroad while an application for change of nonimmigrant status is pending are considered to have abandoned their change of status portion of the petition.

Similarly, a pending advance parole application could be deemed abandoned and denied under recent policy changes. Please keep this in mind because in the past the situation was very different.

Foreign national employees should inform their U.S. employers regarding their plans to travel outside of the United States, and provide their departure and return dates and the countries to which they plan to travel. If possible, employers should provide employees with an employment verification letter that confirms the employee’s continued/current employment based on an approved nonimmigrant visa petition. This letter should be provided before employees depart the United States.

It is important to remember that the I-94 record expiration date governs the foreign national employee’s period of authorized stay in the United States. If an employee’s passport expires before the end date of the work authorization, status may be limited to the expiration date of the passport. If that occurs, the employee will need to renew the passport and travel outside of the country with a valid visa (prior to the expiration date noted on the I-94 record) to obtain a new I-94 record for the full period of stay authorized by the I-797 approval notice. Upon re-entry to the U.S., employees should obtain a copy of their admission record at the U.S. Customs and Border Protection site to ensure the entry information is correct.

Finally, the U.S. Supreme Court has ruled that President's third travel ban, impacting eight countries, is to be fully enforced, effective December 8 2017, while legal challenges in lower courts are pending. While this ban exempts certain individuals, caution should be taken by nationals of the following countries before traveling: Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea and Venezuela.

Employment-based Adjustment of Status Interviews Update

12/7/2017

On August 28, 2017, USCIS had announced a new policy (effective date 10/02/2017) requiring all adjustment of status applicants seeking employment-based green cards to appear for an interview at a USCIS field office. The adjustment of status application is the final step in the green card process for foreign non-immigrant employees looking to move to permanent resident status.

Prior to this change, which went into effect on October 2, 2017, USCIS required interviews in only 5 to 10 percent of all employment-based adjustment cases.

The new policy applies to all Form I-485 adjustment of status applications filed on or after March 6, 2017, where the underlying immigrant petition is an employment-based Form I-140 (EB-1, EB-2, and EB-3). The USCIS has indicated that adjustment cases filed prior to March 6, 2017, will be adjudicated in accordance with previous procedures.

Because thousands of extra interviews will be conducted annually, there will be additional delays in the processing of these employment-based adjustment applications. USCIS has estimated that these applications will ultimately account for approximately 17 percent of the USCIS’s entire field operations workload. As a result, the change will impact the processing times for all other types of USCIS filings, such as family-based adjustment applications and naturalization cases.

What Should the Applicant Expect at the Interview? (based on the stats for October-November 2017)
The applicant could be asked about almost anything.

Any information provided on the Form I-485 (review the copy of the form I-485, and be prepared to answer questions).
Issues relating to the applicant’s eligibility or admissibility, such as any arrests or misrepresentations made to an immigration officer (talk to your attorney if you ever had a DUI, arrests, domestic violence protection order filed against you, charges that were later dismissed, convictions, lied on the application, worked without authorization, etc).
The applicant’s entire immigration history, particularly whether the applicant has properly maintained his non-immigrant status (if you worked without authorization while in a student status, etc)
Family members applying as derivative to the employment-based principal applicant should anticipate questions about their relationship to the principal and the bona fides of that relationship (similar to a family-based green card interview).

If the field officer conducting the interview is not satisfied with an applicant’s answers and believes that an applicant is not eligible for adjustment, the Form I-485 can be denied, or a RFE (request for evidence) could be sent, or NOID (notice of intent to deny) could be issued.

Will the Field Officer Re-Adjudicate the Form I-140? USCIS has said that the interviewing field officers have been instructed not to re-adjudicate the underlying Form I-140. However, the agency has also made clear that the officers will be charged with assessing the validity of the documents used to approve the Form I-140 petition to ensure that the supporting evidence was accurate and credible. If the officer determines that that evidence is not credible, he can recommend that the Form I-140 be revoked by the service center that originally issued the approval (officer can send I-140 for revocation back to USCIS Service Center which originally approved the petition).

It is important that the applicant understands the basis for the Form I-140 petition and be prepared to articulate at the interview how his employment qualified for approval. The applicant should review the Form I-140 petition and any underlying PERM application in advance and address any tricky issues with the employer or counsel. The applicant will almost certainly be questioned about the job for which he was sponsored as well as about his own educational background and work experience. This new requirement could present a challenge because I-140 is an employer's petition, and applicants don't usually have an access to the form I-140, PERM, etc.

An attorney can prepare the applicant on what to expect during the interview, and coordinate with the employer and the applicant to make sure that the applicant takes the appropriate documentation to the interview, knows what I-140 and PERM was about, has a copy of his I-485 form, has clean criminal record and no status violations, etc. The adjustment of status interview notices that are currently being sent to applicants are generic and confusing because they include a list of the documents that do not even apply in employment-based cases.

Beware of Common Immigration Scams

12/7/2017

Form I-9 Scams.

USCIS had recently warned about a new scam, targeting employers. Employers received scam emails requesting Form I-9 information that appear to come from USCIS.

Please note that employers are not required to submit Forms I-9 to USCIS. Employers must have a Form I-9, Employment Eligibility Verification, for every person on their payroll who is required to complete Form I-9. All of these forms must be retained for a certain period of time. Visit I-9 Central to learn more about retention, storage and inspections for Form I-9.

These scam emails come from a fraudulent email address: [email protected]. This is not a USCIS email address. The body of the email may contain USCIS and Office of the Inspector General labels, your address and a fraudulent download button that links to a non-government web address (uscis-online.org). Do not respond to these emails or click the links in them.

If you believe that you received a scam email requesting Form I-9 information from USCIS, report it to the Federal Trade Commission.

If you are not sure if it is a scam, forward the suspicious email to the USCIS webmaster. USCIS will review the emails received and share with law enforcement agencies as appropriate.

Payments by Phone or Email

USCIS will never ask you to transfer money to an individual. They do not accept Western Union or PayPal as payment for immigration fees. In addition, USCIS will never ask you to pay fees to a person on the phone or by email. You can pay some immigration fees online only if you use myUSCIS.
Remember:

When you send your application by mail, pay your immigration fees with a check or money order. Write “Department of Homeland Security” on the “Pay to the Order of” line.
Applying for U.S. citizenship? You can now pay fees for Form N-400, Application for Naturalization, with a credit card. To pay Form N-400 fees with a credit card, you will need G-1450, Authorization for Credit Card Transaction
You can also pay with a credit card in any domestic field office that accepts payments. You can learn more on our Paying Immigration Fees Web page

Winning the Green Card Lottery

The U.S. Department of State (State Department) manages the Diversity Visa Program, also known as the Lottery Visa or Green Card Visa. The State Department will never email you about being selected in the Diversity Immigrant Visa Program.
Go to the State Department’s website to read more about how they notify selectees.

Scam Websites

Some websites claim to be affiliated with USCIS and offer step-by-step guidance on completing a USCIS application or petition. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure your information is from uscis.gov or is affiliated with uscis.gov. Make sure the website address ends with .gov.

Please remember that USCIS will never ask you to pay to download USCIS forms. USCIS forms are always free on uscis.gov website.

Scams Targeting Foreign Students.

If you are an international student outside of the U.S. and want to come to the U.S. for education, make sure you are applying to an accredited college or university. Look for your school on the Council for Higher Education web page.

You must have a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, to travel. After you are accepted into a Student and Exchange Visitor Program (SEVP)-certified school, a designated school official will either give you:

Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status –For Academic and Language Students, or
Form I-20, Certificate of Eligibility for Nonimmigrant (M-1) Student Status –For Vocational Students

Schools that are not accredited cannot sponsor you for an F-1 student visa.
Additional information on the Form I-20 is available on DHS’ website studyinthestates.dhs.gov or on our website on the Students and Employment page.

“Notarios Públicos” Scam

In many Latin American countries, the term “notario publico” (which is Spanish for “notary public”) means something very different than what it means in the United States. In many Spanish-speaking nations, “notarios” are powerful attorneys with special "extra" legal credentials. In the U.S., however, notary publics are people appointed by state governments to witness the signing of important documents and administer oaths. A notario publico is not an attorney, and is not authorized to provide you with any legal services related to immigration. Some attorneys might be notaries, but not all notaries are attorneys. Only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization can give you legal advice.

Read more here.

Federal judge rejected delay of foreign entrepreneur or startup parole rule

12/2/2017

On Friday, December 1, 2017, a federal judge in the District of Columbia ordered the Department of Homeland Security (DHS) to rescind its delay of a rule that allows some foreign entrepreneurs to stay in the United States to grow their companies.

Judge ruled in favor of a lawsuit filed by a U.S. venture capitalist group in September challenging a delay by DHS of the International Entrepreneur Rule.

The Startup Parole or International Entrepreneur Rule, passed by the administration of President Barack Obama in January 2017, would allow some foreign startup founders to stay in the United States for up to five years to develop their businesses.

Instead, in July 2017, just before the rule should have become effective, current White House administration delayed the implementation to March 2018, and even said it was “highly likely” to rescind the rule.

Judge agreed that the government’s actions violated the Administrative Procedure Act, which requires advance notice of new rules.

Read new here.

Information about Start-up rule on our Blog is here and July delay is here.

How to Submit FOIA Freedom of Information Act Request

11/18/2017

The Freedom of Information Act (“FOIA”) gives every person access to certain information from the federal government. A person can file a request under this act, called “a FOIA request,” to any federal agency to request documents about themselves or others.

There are four main components within DHS that hold immigration records:

(1) U.S. Citizenship and Immigration Services (“USCIS”);
(2) U.S. Immigration and Customs Enforcement (“ICE”);
(3) U.S. Office of Biometrics Identity Management (“OBIM,” formerly US-VISIT); and
(4) U.S. Customs and Border Protection (“CBP”).

If you are making your request by mail, you should include the notation “Freedom of Information Act Request” on the front of your envelope. This will help ensure that the responsible individual receives the request without delay.

USCIS is the most common place to submit an immigration-related FOIA request because USCIS keeps records of prior petitions and decisions and often has the Subject’s A-file. Do not submit your FOIA request to your local USCIS office, Service Center, or Lockbox. USCIS processes all FOIA requests at the National Records Center. The request can be submitted by letter request; Form G- 639 by email, mail, or fax; or by using the electronic DHS submission form.

DHS (USCIS) created an online fillable FOIA request form. This FOIA request form has a drop-down menu where the Requestor can select the component within DHS where the FOIA request should be sent. Through this online form, a Requestor can file a FOIA with USCIS, ICE, and OBIM, among others. The online form also allows the Requester to seek FOIA fee waivers and expedited service, if eligible. The online form remains unavailable for CPB FOIA requests, which must be submitted using CBP’s online form.

The CBP form permits Requestors to upload supporting files. If you are filing a FOIA request on behalf of someone else (not your minor child), you will need to attach either a signed Form G-28 (if you are representing the Subject) or a written notarized consent that will allow a third party to access the Subject’s records.

Form G-639 is NOT required. USCIS Form G-639 was created by DHS to make filing and processing FOIA requests easier, but it is an optional form. A FOIA request need only be in writing, state that the request is being made under FOIA, reasonably describe the records sought, and provide contact information for the Requestor. In some cases, you may not want to use Form G-639 and may choose to submit a letter request instead.

ILRC published a helpful FOIA guidance in November 2017 here.

Where FOIA requests can be filed: direct filing addresses for different federal agencies.

USCIS created a new Form G-639 with an issue date of April 17, 2017. Make sure you are using the correct form because previous versions are no longer accepted. The form is frequently updated, so always check for the latest version of the form at http://www.uscis.gov/g-639.

Most FOIA requests filed in individual immigration cases are free. Although federal agencies can recover certain costs, the first two hours of search time are free, and the first 100 pages copied are free. Additionally, agencies currently do not charge at all if the total amount is $14.00 or less. By submitting a FOIA request, the Requestor is agreeing to pay all applicable fees up to $25.00, should the costs go over what is provided for free. The Requestor will be notified if she owes any money up to $25.00, and is ordinarily expected to pay that amount before the agency sends the requested documents. If the Requestor does not wish to agree to $25.00 upfront, the Requestor can specify a greater or lesser amount when making the FOIA request and/or by submitting a fee waiver request. Most of the online submission forms take this into consideration and require the Requestor to state the maximum amount that she will pay.

DACA Resubmission Announcement From USCIS

11/17/2017

USCIS rejected approx. 4,000 timely-filed DACA renewal applications for being late, for missing October 5, 2017 deadline, due to USPS (post office) delays.

USCIS decided to accept the delayed and rejected applications, provided that the resubmissions include “individualized proof” that the applications were originally mailed in a timely matter and that the delivery delay was because of USPS error.

DHS Secretary did not explain what constitutes "proof of timely filing" (further instructions will be posted on USCIS website soon). Applicants who do not have such documentation can contact USPS to review their cases. Post Office will provide applicants with letters to submit to USCIS with the resubmissions, if appropriate.

USCIS also discovered that it rejected some timely-filed DACA applications in error (applications were received at PO Box address on time), and will reach out to those applicants to advise them to resubmit their applications. Those not contacted by the USCIS who believe their applications were erroneously rejected may also resubmit their applications with proof that their applications were received timely at the designated filing location.

Read here.

Decline of International Foreign F1 Students Enrollment in US Universities: 7 Percent in 2017

11/13/2017

The 2016-2017 report revealed that first-time international students dropped 3 percent, indicating that the decline had begun before current president took office. The number of newly arriving international students declined an average 7 percent in fall 2017, with 45 percent of campuses reporting drops in new international enrollment, according to a survey of nearly 500 campuses across the country by the Institute of International Education.

The decline is much more serious in some Midwestern colleges and universities. At the University of Iowa, overall international enrollment this fall (2017) was 3,564, down from 4,100 in fall of 2015. Iowa primarily lost Chinese students.

The University of Central Missouri experienced a sharp decline this year in students from India. In the fall of 2016, the Warrensburg, Missouri, university had 2,638 international students. This fall (2017) it has only 944 international student. It's a big financial impact on the university.It’s a mix of factors. Concerns around the travel ban had a lot to do with concerns around personal safety based on a few incidents involving international students, raise in hate crimes, crimes against foreigners, and a generalized concern about whether they’re safe. Another reason for the decline is increasing competition from colleges and universities in other English-speaking countries, such as Canada, Britain and Australia. Read more here.

On a separate note, it became increasingly difficult to get approval of the Change of Status from B2 visitor to F1 foreign student through USCIS (for those prospective student who arrived in the United States as visitors or tourists). Processing times increased by many months, which results in students being too late to start the semester, losing their status and wasting time and money.

Since September 1, 2017, a new 90-day rule took effect (90 days fraud or misrepresentation rule), which also affected those applying for a change of status: with long waiting time, students are expected to wait at least 90 days before they file an application for a change of status. (We posted about 90-day rule here and here ).

In summer 2017, DHS announced their intention to change the rules to require foreign students to re-register with USCIS every year, which will make study in the USA more expensive, cumbersome, and unnecessarily complicated.

As a result, the best option for many students is to apply for a F-1 student visa abroad at the U.S. embassy or consulate in their home country. There is always a risk of denial and no visa can be guaranteed, however, at present time (2017-2018), a bona fide student with sufficient funds and ties to his home country stands a better chance of approval through consular processing rather than applying for a change of status through USCIS Department of Homeland Security.

New Policy: No Deference to Prior Determinations of Eligibility in Petitions for Extension of Nonimmigrant Status

11/3/2017

On October 23, 2017, another long-standing USCIS adjudication policy was reversed. When filing for an extension of the non-immigrant status, for example, H-1B work visa, you should not take for granted any prior approvals. An applicant has to prove his/her eligibility again when applying for an extension of the same status, even if status was approved before. USCIS will no longer defer to prior approvals.

October 23, 2017 Policy Memorandum "Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status" is available at USCIS webportal.

As a result, USCIS made it more difficult for companies to renew H-1B visas for foreign professionals (workers) who work in specialty occupations. Previously, when it was time to renew an H-1B employee’s status, the USCIS gave deference to past H-1B approval decisions. This enabled H-1B visa holders to obtain extensions in a fast and straightforward manner. USCIS recently rescinded (canceled) their old policy memorandum, and now H-1B visa holders who apply for extensions must again prove eligibility as though they are seeking H-1B visas for the first time.

This policy change will impose greater uncertainty, loss of foreign talent (who may choose to migrate to Canada instead), higher costs and delays to companies who rely on foreign talent.

USCIS is directing officers to use the same amount of scrutiny for initial and extension requests, and indicating that the new guidance applies to a variety of employment visas, not just H-1B.

It is expected that employers will be receiving many detailed Requests for Evidence (“RFE”) when H-1B extension requests are filed. These RFEs will increase the administrative and legal burden on employers seeking H-1B visas, and increase the costs.

Effective October 1, 2017, USCIS also imposed a new rule requiring in-person interviews with all employment-based immigrant visa applicants, including spouses and children, which will burden local USCIS offices and increase wait time for all green card categories waiting for an adjustment of status interview.

H-1B visas are valid for a total of six years and are usually issued in three-year increments. To prepare for the new renewal process, H-1B employers should initiate the renewal process far enough in advance to secure an extension before an H-1B employee’s status expires.

USCIS October 23, 2017 memo.

Effect of DUI, DWI and other alcohol related crimes, arrests, convictions on admissibility to USA

10/26/2017

Alcohol-related crimes, charges, convictions are a health-related ground of inadmissibility to the United States.

USCIS, DHS, ICE, Department of State and other immigration authorities are now following the new policy regarding the individuals who have alcohol-related charges, arrests or offenses. Immigrants should keep in mind the consequences of having even one alcohol related criminal charge or offense, which means that USCIS possibly can find them ineligible for an extension of status, change of status, adjustment of status request.

In some cases (not always) it could be possible to leave the U.S.A. and apply for a visa at the U.S. Consulate abroad. However, U.S. Consulates abroad can require applicants to be evaluated by a designated panel physician who will evaluate whether the visa applicant has a physical or mental disorder associated with alcohol use that may pose a threat to the property, safety or welfare of others in the United States.

It should be noted that the U.S. Consulates are now often revoking already issued and valid visas of affected foreign nationals when they receive a law enforcement report of a DUI-related arrest or conviction regardless of whether individuals are in the United States or abroad at the time. A person can receive a phone call or email asking him or her to come to the U.S. Consulate with a passport (no explanations given), so a visa can be physically revoked (cancelled). Most people are unaware that their visas are revoked until they try to return to the United States after travel abroad. Some people with alcohol-related charges receive letters from the U.S. Department of State notifying them of their visa revocation.

Because these negative consequences are result of the health-related ground of inadmissibility, it means that no conviction is necessary (arrest and charged are enough).

Until recently, the only affected groups of people were the visa holders with a single alcohol-related arrest or conviction within the last five years, or two or more alcohol-related arrests or convictions.

Under the current policy, it only takes a single alcohol-related charge to trigger action by U.S. authorities. USCIS is now identifying alcohol-related offenses and denying requests for an extension of status in any visa classification.

Until recently and before this policy change, U.S. Consulates only referred visa holders to a panel physician for evaluation when a new visa application was made. Now, U.S. Consulates are responding to law enforcement reports proactively by revoking the already approved and issued visas of anyone who has an alcohol-related charge even in situations where an individual hasn’t made a new visa application.

If USCIS denied an application for extension or change of status, the applicant will have to leave the country and apply for a visa at a U.S. consulate abroad, in his home country. “Every nonimmigrant alien who applies for admission to, or an extension of stay in, the United States must establish that he or she is admissible to the United States, or that any ground of inadmissibility has been waived.” In other words, it is an applicant's burden to prove that he/she is not inadmissible.

An alcohol-related charge is a health ground of inadmissibility, which means that a conviction is not required and charges alone can trigger inadmissibility. Visa holders affected by this rule are not removable (not deportable on this ground) from the United States.

If a visa is denied, can a visa applicant file an appeal of denial of a Visa Application at the U.S. Consulate abroad? No, you can't appeal a visa denial. There is no appeal process to challenge a consular officer’s decision to deny a visa application. The doctrine of "nonreviewability of consular decisions" was affirmed by the U.S. Supreme Court in 2015 in the case Kerry v. Din .

Another important moment to keep in mind is that neither the visa applicant nor the attorney can review the panel physician’s medical report.

What else can be done? People can ask for an Advisory Opinion from the Department of State’s Visa Office. Also, visa applicants can dispute the findings of the panel physician by asking the consular officer to request an Advisory Opinion from the U.S. Centers for Disease Control and Prevention (CDC), which the consular officer can refuse to do without recourse. Both of these options take a lot of time. As a result, most of the nonimmigrant visa applicants have to obtain a nonimmigrant waiver of inadmissibility through the DHS, which could take six months or longer to process, and during this time the visa applicant has to wait abroad. Approval of any immigrant or nonimmigrant visa waiver is not guaranteed.

During October 19, 2017 meeting, AILA asked the US Department of State Liaison Committee and the Visa Office the following question:

"AILA has received reports of visa holders whose visas were prudentially revoked for DUI arrests while they are in the United States being charged by ICE as removable under INA §237(a)(1)(B), for being physically present in the United States with a revoked nonimmigrant visa. Based on our previous conversations, it is our understanding that a prudential revocation only becomes effective once the alien departs the United States. Has VO discussed this issue with DHS? If prudential revocations are now leading to the initiation of removal proceedings, would VO be willing to revisit the issue to ensure that the prudential revocation only precludes future travel to the United States?"

DoS answer: "We’ve discussed this with ICE, and there has not been a policy change."

New USCIS waiver policy memorandum (08/23/2017).

Updated USCIS Policy Manual, Chapter 7, Physical or Mental Disorders.

Nonimmigrant waiver application.

Immigrant waiver application.

Do not drink and drive.

California Became a First Sanctuary State: Offered Protection to Undocumented Immigrants

10/10/2017

On October 5, 2017, California officially became a first sanctuary state in the nation.

California Governor signed into law nearly several immigration bills, which prohibits California employers from cooperating with federal immigration authorities in the absence of a judicial warrant or court order.

For example:

Prohibits employers from voluntarily consenting to an immigration enforcement agent’s entering nonpublic areas of the workplace without a warrant;
Prohibits employers from voluntarily consenting to an immigration enforcement agent’s accessing, reviewing or obtaining employment records without a subpoena or court order;
Prohibits employers from reverifying the employment eligibility of a current employee at a time or in a manner not required by federal law; and
Requires employers to provide notice to current employees of an inspection of I-9 forms and other employment records by an immigration agency within 72 hours of receiving the federal notice of inspection.

Penalties for failure to comply with the new law range from $2,000 to $10,000 per violation.

AB 450 can be found here.

Employment-Based Adjustment of Status Interviews: New Interview Requirement Effective October 2, 2017

10/10/2017

On September 28, 2017, the USCIS Office of the Ombudsman hosted a teleconference call that offered more details about the new personal interview requirements for employment-based adjustment of status applicants.

USCIS confirmed that only cases filed before March 6, 2017 will be adjudicated by the USCIS Service Centers (not local offices) under prior procedures without requiring an interview.

The new interview requirement is being rolled out nationwide, with interviews starting on October 2, 2017 due to President's March 6th 2017 Executive Order.

Each family member, including children, will be asked to appear at a USCIS local office for an interview.

USCIS indicated it might consider waiving appearances for children under age 14. Each applicant must appear for screening and questioning concerning the underlying immigrant petition (I-140 Petition), which would have adjudicated prior to forwarding to the local offices for adjustment of status interviews.

USCIS said that adjudicating officers may still question the bona fides and validity of the underlying I-140 petition, even if approved, maintenance of lawful status in the U.S, job portability issues, in addition to newly implemented security features.

In Russian:

Как следует из Указа Президента от 6 марта 2017 г, USCIS Иммиграционная Служба США уже 2 октября 2017 начала назначать интервью на грин карту для тех категорий заявителей, которые ранее не вызывались на интервью, а именно, в области рабочей иммиграции (или иммиграции через работодателя).

В ходе телеконференции 28 сентября, сотрудники USCIS объяснили некоторые детали:

- заявления поданные ДО 6 марта 2017 будут утверждены БЕЗ интервью.
- заявлениа поданные ПОСЛЕ 6 марта 2017 будут требовать интервью.
- дети тоже будут приглашаться на интервью
- USCIS оставляет за собой право не вызывать на интервью детей младше 14 лет
- по новой процедуре петиция работодателя, I-140, будет утверждаться в Service Center, и только заявление на грин карту, I-485, будет рассматриваться офицером в местном офисе, НО этот офицер будет иметь право задавать вопросы по уже утвержденной петиции, в том числе, касающиеся таких моментов как предложение от работодателя о постоянном трудоустройстве, все предыдущие смены работодателя, поддержание легального статуса всеми членами семьи и отсутствие нарушений иммиграционного законодательства (например, работа без разрешения), а также новые требования к национальной безопасности.

USCIS August 28th announcement.

Change to INA 212(a)(6)(C)(i), Fraud and Misrepresentation: 90 Day Rule

10/5/2017

US Department of State 09/16/2017 cable provides guidance to U.S. consular posts, embassies and consulates abroad, on applying the new “90 day rule,” introduced on September 1, 2017.

This new rule presumes that individuals have made a material misrepresentation on prior visa applications or in their applications for admission to the U.S. if they violate or engage in conduct inconsistent with their nonimmigrant status within the first 90 days of entry into the U.S.

SUMMARY: This cable advises posts on the application of INA section 212(a)(6)(C)(i) as it pertains to revised guidance at 9 FAM 302.9-4(B)(3)(g-h) regarding the 90 day rule, formerly known as the “30/60 day rule.” Interagency working groups agreed to a change in policy and expanded the 30/60 day timeframe to 90 days for aliens who enter the United States and engage in activity inconsistent with their nonimmigrant status before procuring a change or adjustment of status.

The 90 day rule

The following revised guidance replaces the 30/60 day rule and applies to all adjudications that occur after September 1, 2017.

The guidance should not be applied retroactively.

As detailed in the revisions to 9 FAM 302.9-4(B)(3)(g-h), aliens who violate or engage in conduct inconsistent with his or her nonimmigrant status within 90 days of entry into the United States by:
1) engaging in unauthorized employment;
2) enrolling in a course of unauthorized academic study;
3) marrying a U.S. citizen or lawful permanent resident and taking up residence in the United States while in a nonimmigrant visa classification that prohibits immigrant intent; or
4) undertaking any other activity for which a change of status or adjustment of status would be required prior to obtaining such change or adjustment, may be presumed to have made a material misrepresentation.

You must give the alien the opportunity to present evidence to rebut the presumption that he or she made a willful misrepresentation on prior visa applications or in their applications for admission to the United States before you can find the applicant ineligible under 212(a)(6)(C)(i).

If the applicant is unable to overcome the presumption that he or she engaged in a willful misrepresentation, post must request an Advisory Opinion (AO) from the Visa Office of Advisory Opinions (CA/VO/L/A) per 9 FAM 302.9-4(B)(3)(h)(2)(b).

If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status after 90 days of entry into the United States, there generally is no presumption of willful misrepresentation. However, if facts in the case give you a reason to believe that the alien misrepresented his or her purpose of travel at the time of the visa application or application for admission, you must request an AO from CA/VO/L/A.

You can see the text of the DoS cable here. Or download a pdf file here.

New Form I-765 Application for Employment Authorization EAD: Can Request SSN Simultaneously

10/2/2017

Today, on October 2, 2017, USCIS made an announcement of a new revised form I-765, Application for Employment Authorization (work permit).

If you file a new revised form I-765, edition date 07-17-2017, you can request the SSA to issue you a SSN. Applicants who receive their approved EAD (work permit) from USCIS should receive their Social Security card from SSA within the following two weeks, which would help to save time. Filing fee remains the same.

The revised USCIS form includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office. Starting today, USCIS will transmit the additional data collected on the form to the SSA for processing.

New form I-765 is here.
USCIS announcement is here.

In Russian:

Сегодня, 2 октября 2017, Иммиграционная служба USCIS опубликовала обновленную форму, заявление на разрешение на работу, Form I-765. Дата новой формы 07-17-2017.

Старая форма будет приниматься до 4 декабря. После 4 декабря 2017 только новая форма будет приниматься USCIS.

Преимущество новой формы, которую сегодня уже поместили на вебсайте, заключается в том, что заявитель одновременно подает также заявление на карточку соцстрахования, SSN, и через две недели после утверждения разрешения на работу, заявителю пришлют карточку соцстрахования, что поможет получить карточку и начать работать намного быстрее.

Объявление можно почитать тут.

Travel Ban 3.0 or Muslim Ban Revised: Presidential Proclamation September 24 2017

9/28/2017

On September 24, 2017, the White House issued a Presidential Proclamation which replaced expiring portions of the President's March 6, 2017 Executive Order, Travel Ban 2.0, and expanded the list of the banned countries to eight.

The following eight countries are now subject to travel restrictions (travel ban): Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia.

There was no clear explanation why the U.S. ally in Africa, Chad, was added to the list of the banned countries.

Iraq and Sudan were removed from the travel ban list, but the Proclamation Travel Ban recommends “additional scrutiny” for nationals of Iraq and Sudan.

This travel ban applies differently to citizens of different banned countries:

** Citizens of North Korea are barred from all types of immigrant and nonimmigrant entry into the United States;

** Citizens of Chad are only barred from entering on immigrant visas and on non-immigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas; and

** Citizens of Iran are barred in all immigrant and nonimmigrant categories except for student (F and M) and exchange visitor (J) visas. Therefore, it is expected that visa issuance and entry in categories not subject to the ban will continue uninterrupted.

The Proclamation Travel Ban goes into effect on different dates for different countries.

For foreign nationals already subject to the Travel Ban 2.0 and who do not have a bona fide relationship with a person or entity in the US, the restrictions in the Proclamation Travel Ban went into effect immediately on September 24, 2017. For all nationals of the recently added countries, travel ban will apply on October 18, 2017.

Effective October 18, 2017, the proclamation appears to get rid of the “bona fide relationship” protection implemented by the Supreme Court under its temporary ruling on the EO Travel Ban 2.0, which exempted travelers with certain qualifying family and employment relationships in the US. Most likely, this issue will be litigated again.

Contrary to the Travel Ban 2.0, the new Proclamation Travel Ban has no expiration date. Government agencies will be presenting reports every 180 days, and the Travel Ban 3.0 can be revised based on the reports and recommendations.

Additional countries may be added in the future.

Countries may be removed if they are recommended for removal by the DHS, in consultation with US Department of State and other relevant US agencies.

The new Proclamation Travel Ban 3.0 does not apply to certain categories of travelers:

Lawful permanent residents..
Travelers who already hold a valid US visa.
Dual citizens of the designated (banned) countries who are traveling on the passport of a non-designated country.
People already granted asylum in the US or admitted to the US in refugee status, and those already granted withholding of removal, advance parole, or protection under the Convention Against Torture.
People traveling with a document other than a visa valid on the effective date (for example, an advance parole document) that permits them to travel to the USA .
Holders of diplomatic visas, NATA visas, UN C-2 visas, G-1, G-2, G-3, and G-4 visas;

A case-by-case waiver may be issued by consular and border officers when determined to be appropriate. The waiver grant guidance is expected to be released soon by the US Department of State. The waiver guidance will consider the US national interest and potential security risks for each individual, among other categories.

Full test of the Presidential Proclamation is here.

Rescission of DACA Deferred Action for Childhood Arrivals Immigration Program: Sep 5 2017

9/5/2017

On September 5, 2017, on behalf of the President and current White House administration, the U.S. Attorney General formally announced the end by rescission of the 2012 immigration deferred action program known as Deferred Action for Childhood Arrivals ("DACA").

DACA did not confer any legal immigration status nor it was a path to the U.S. citizenship. DACA provided protection from deportation and work permits and advance parole/travel documents to approximately 800,000 young, undocumented immigrants brought to the U.S. as children from deportation and provided them with legal work authorization. his is disheartening to youth who have contributed so much both economically and culturally.

The U.S. Department of Homeland Security ("DHS") and USCIS will stop processing any initial DACA accepted at the USCIS office after September 5, 2017.

Any applications already accepted by this date will be processed. DHS/USCIS indicated that current beneficiaries of DACA will not be impacted before March 5, 2018, so "Congress can have time to deliver on appropriate legislative solutions."

DHS has also announced that it plans to continue to accept DACA renewal applications for any DACA beneficiary whose status expires between September 5, 2017 and March 5, 2018, so long as these applications are accepted by October 5, 2017. Any applications received after October 5 will be rejected.

Note: if your DACA work permit expires after March 5th 2018, you will not be able to renew it for additional two years, as those who can apply to renew IF their work permit expires before March 5th 2018.

In addition, DACA recipients whose valid employment authorization document is lost, stolen or destroyed may still request a replacement through the normal process.

Important: USCIS will no longer adjudicate advance parole request associated with DACA, any applications for advance parole that are currently pending will be administratively closed and filing fees refunded.

US Citizenship and Immigration Services says that information provided in support of the application will not be proactively provided to Immigration and customs Enforcement (ICE) or to Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice to Appear or a referral to ICE. However, a DHS spokesman stated that if Congress does not act, then DACA beneficiaries would be treated as any other person who is in the country illegally, and therefore, subject to deportation or removal.

Additionally, all of the information provided to the government by DACA applicants will remain in the DHS system.

DHS has provided a Frequency Asked Questions webpage .

Briefly in Russian:

5 сентября 2017 Генеральный прокурор США заявил об окончании федеральной программы ДАКА, которая вступила в силу в 2012 году во время предыдущей администрации. По этой программе около 800,000 молодых людей получили разрешение на работу, поездки за границу и временную защиту от депортации.

ДАКА заявления поданные до 5 сентября 2017 будут рассмотрены, и утверждены, если соответствуют требованиям программы.

Заявления на продление разрешения на работу, находящиеся на рассмотрении на 5 сентября 2017, также будут рассмотрены.

Заявления на продление разрешения на работу, которое истекает между 5 сентября 2017 и 5 марта 2018, будут приняты и рассмотрены, если заявление на продление получено в иммиграционной службе ДО 5 октября 2017. То есть остался только месяц!

Помните, что если ваше разрешение на работу истекает после 5 марта 2018, вы уже не сможете его продлить на два года, как те, у кого они истекает до 5 марта 2018.

Заявления на разрешение на поездки за границу (advance parole) рассматриваться и утверждаться не будет.

Правительство заявило, что информация о молодых людях, подавших заявление ДАКА, не будет передаваться в соответствующие органы на депортацию (пока), но в будущем, если Конгресс не примет нового закона о защите иммигрантской молодежи, иммиграционная служба будет рекомендовать их на депортацию, так же как и всех других категорий лиц, проживающих в США нелегально.

Вопросы и ответы можно почитать тут.

Houston Texas ASC and USCIS Office Post-Hurricane Schedule

9/1/2017

,All Houston Application Support Centers (ASCs) will resume operations Sept. 5 2017 at 8 a.m. (Central) for basic services, such as collection of fingerprints, photos, and signatures. However, the ASCs will not be fully staffed. This means customers requiring additional services (such as looking up case information or issuing extension stickers) may need to return to the ASC after all USCIS staff have been able to return to duty.

Many Houston-area applicants are unable to travel to their scheduled ASC appointments. If you cannot attend your biometrics appointment between Aug. 25 and Sept. 22:

USCIS will automatically reschedule your appointment.
You will receive a new appointment notice by mail approximately 4 weeks from your original appointment date.

If you do not receive a new appointment by mail, you can contact the National Customer Service Center (NCSC) at 800-375-5283.

If you have an emergency and cannot wait for a new appointment notice by mail, please call the NCSC or visit an ASC as a walk-in customer.
If you cannot receive mail at your location and wish to be processed at a different location, please call the NCSC or take your current appointment notice to another ASC. If you do not have a copy of your current appointment notice, any ASC can print one for you.

Please check USCIS Office Closings page to get the latest updates before coming to an appointment.

USCIS Alerts: Immigration Services Available to People Affected by Hurricane Harvey in Houston, TX

8/30/2017

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey.

The following measures may be available on a case-by-case basis upon request:

Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
Re-parole of individuals previously granted parole by USCIS;
Expedited processing of advance parole requests;
Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited adjudication of employment authorization applications, where appropriate;
Consideration of fee waivers due to an inability to pay;
Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
Assistance if you were unable to appear for a scheduled interview with USCIS;
Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

Note: When making a request, please explain how the impact of Hurricane Harvey created a need for the requested relief.

To learn how to request these measures or determine if an office is open, call the National Customer Service Center at 800-375-5283.

If you require assistance, please don't hesitate to contact our office at email.

Starting October 1 2017, USCIS to conduct green card interviews in EB and I-730 cases

8/28/2017

U.S. Citizenship and Immigration Services (USCIS) will begin conducting in-person "green card" interviews for new categories of the applicants, who were approved without an interview in the past.

This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the strategy to improve the detection and prevention of fraud and enhance the integrity of the immigration system.

Effective October 1, 2017, USCIS will begin to phase-in interviews for the following:

• Adjustment of status applications based on employment, EB categories (Form I-485, Application to Register Permanent Residence or Adjust Status).

• Refugee/asylee relative petitions (Form I-730) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated.

Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.

As a practical matter, this new rule may result in severe backlogs now in the USCIS system, and "green card" interview wait times going up to over a year or more in some field offices.

Read more here.

Briefly in Russian:

Начиная с 1 октября 2017, USCIS вводит интервью на грин карту по всем рабочим категориям, а также для родственников тех, кто получил статус политическое убежище или статус беженца, и находится в США.

Ранее эти категорий заявителей на интервью не вызывали.

Также USCIS намекает, не вдаваясь в детали, что в будущем они введут обязательные интервью и для других категорий дел (не только грин карты).

На практике это приведет к задержкам по рассмотрению заявлений на грин карты. Если на сегодняшний день в некоторых городах и штатах США ожидание интервью на грин карту занимает 8-12 месяцев, то эти сроки могут увеличится вдвое.

New USCIS Advance Parole Travel Document Policy

8/25/2017

Warning for travelers on advance parole with I-485 pending: in an abrupt divergence from previous practice, the USCIS has begun denying I-131 Applications for Advance Parole if the Applicant had departed the U.S. while the application was pending.

When denying I-131 advance parole applications, USCIS is citing the I-131 *Form instructions*, "[i]f you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned" .

Please don't depart the U.S. until after your advance parole or travel document was approved!

Предупреждение для тех, кто планирует путешествовать за пределы США по документу advance parole, пока ваше заявление на грин карту находится на рассмотрении (I-485 pending). USCIS изменило многолетнюю практику, когда требовалось только физическое присутствие заявителя в США во время подачи заявления.

Теперь требуется нахождение заявителя в США на протяжении всего времени, пока заявление находится на рассмотрении (3-4 месяца). В случае выезда за пределы США до утверждения advance parole, заявление будет отклонено, и заявление на грин карту также может пострадать (может быть закрыто).

#advanceparole #traveldocument #I131 #I485

MAVNI: Foreign Nationals Soldiers Sue Pentagon and DHS

8/3/2017

Soldiers in the U.S. Army Reserve are suing the Pentagon and the Department of Homeland Security for stalling their citizenship applications after they joined the military through MAVNI, a program that promised them fast-track naturalization for their service.

“Each plaintiff-soldier has kept his/her end of the bargain,” their lawsuit states. The immigrant recruits did their part by enlisting, training in drills with their unit, and subjecting themselves to deployment. The U.S. Army certified their service, and the military is supposed to provide citizenship as soon as they complete basic training or attend drills.

But at the Pentagon’s request, the Homeland Security Department is not processing their applications, as required.

Pentagon and Homeland Security officials now say they are considering going back and changing who is eligible to receive a certification of military service, possibly even revoking the certifications for those soldiers not in active-duty service.

Although the soldiers named in this suit received their certifications, they “could be considered signed in error and may be decertified,” said Director of Military Accession Policy at the Pentagon, citing the program’s guidance.
The delay has put some soldiers at risk of deportation, the lawsuit states. These soldiers are “suffering irreparable harm” and financial strain as they face uncertainty about their status, unable to get a job, a drivers license, or a passport to visit sick family members, their attorneys say.
The 10 reservists who brought the suit were recruited through the Pentagon’s Military Accessions Vital to the National Interest program, known as MAVNI, which gives expedited citizenship to legal immigrants who enlist with critical language skills or medical training.
Nearly 10,000 immigrants are in the MAVNI program, most of them serving in the Army. The popular program was allowed to accept 5,000 recruits in 2016, but was frozen last fall after security concerns about the vetting of recruits.

Now the Pentagon is considering scrapping it altogether, according to an internal memo included in the suit. This would leave roughly 1,000 non-citizen recruits at risk of deportation despite being enlisted in the U.S. military.
Read the full article here.

New Updated Form I-9 Must Be Used After September 17, 2017

8/1/2017

United States Citizenship and Immigration Services (USCIS) recently published a revised Form I-9, Employment Eligibility Verification, that employers must use to verify identity and employment authorization of all new hires, edition date July 17, 2017.

While there are no substantive changes to the current I-9 Form (because it was recently updated in November 2016), employers are urged to use the new Form I-9 as an opportunity to offer I-9, E-Verify and anti-discrimination training and for the purpose of assessing their state of immigration compliance.
The current (previous) I-9 form may be used until September 17 2017. As of September 18, the only acceptable I-9 form is the one with the revision date of 7/17/17.

The new form updates:

Updated name of the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) to Immigrant and Employee Rights Section (IER).
Form I-9 clarification regarding the timing by which individuals hired must present a completed I-9 form from "by the end of the first day of employment" to "by the first day of employment." Employers may therefore wish to revisit their own I-9 policies and procedures to ensure that section 1 of the I-9 Form is completed no later than when the employee starts work for pay.
List C acceptable documents have been revised to include Form FS-240, a Consular Report of Birth Abroad, which is issued by the Department of State to certain individuals born abroad to a U.S. citizen parent. Although this form had previously been in use, the revision should assist employers who were previously told it was not an acceptable document to establish employment authorization. Further, USCIS combined all forms issued by the Department of State that report a birth into one section.
USCIS has updated the M-274 I-9 Handbook to reflect the Form I-9 updates. Further, USCIS has issued a handbook in a new online format in addition to their PDF version. The online format also provides a selectable table of contents allowing the reader to select a chapter or subsection, including a 'Table of Changes" section.

See the new revised Form I-9 and instructions here.

International Entrepreneur Rule or Startup Visa to be Postponed, Rescinded

7/10/2017

The current administration plans to postpone and eventually to rescind the previous administration's rule allowing foreign entrepreneurs to come to the U.S. to start companies, so called "startup visa". or "startup parole"

In January 2017, DHS estimated that 2,940 entrepreneurs would be eligible under the rule annually.

The rule, called the International Entrepreneur Rule, was scheduled to go into effect July 17, 2017.

DHS announced that the implementation of the rule will be delayed until March 14, 2018, and that the agency may rescind the rule entirely. A USCIS spokesperson said the rule is "under review."

The notice is was published in Federal Register. DHS has announced that it will accept public comments regarding the delay and potential elimination of the Rule until August 10, 2017.

As a first step, USCIS will postpone or delay the implementation date. The agency is expected to start the formal process to eliminate or rescind the rule.

More details on the rule here.

DHS is considering new requirements for F1 Foreign Students

7/10/2017

DHS is considering a new rule that would require foreign F1 students to reapply for permission to stay in the United States every year, which would create new unnecessary costs and paperwork for thousands of visa holders, international students, who are paying full tuition (which in turn is used to fund scholarships for American students).

The plan is in the preliminary stages and could take a minimum of 18 months. The plan may also require agreement from the State Department, which issues visas. The officials say the proposal seeks to enhance national security by more closely monitoring the students.
The discussions are emerging at a time when foreign student enrollment has reached a historic high in the United States and is injecting billions of dollars into the economy.
The changes could lead to fewer foreign students coming to the United States and greater administrative costs for the schools to keep their students’ paperwork up to date, according to people familiar with the discussions.

The most recent stats, as of May 2017, Asian students accounted for 77 percent of international students this year, according to a recent ICE report. China has 362,368 students in the United States this year, the most of any country, according to ICE. India, which has one of the fastest-growing populations of citizens on student visas in the United States, has 206,698.

Read here.