COVID-19 Pandemic and the Public Charge Rule for Intending Immigrants

The public charge rule is in place so that “an alien who is likely at any time to become a public charge” will be “generally inadmissible to the United States and ineligible to become a lawful permanent resident.” There are certain public…

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Trump’s Proclamation Suspends H-1B, H-2B, J-1, and L-1 Visas for Applicants Outside the U.S.

The most recent executive order which attempts to reduce immigration to the U.S. was issued late this afternoon, June 22, 2020.  With some exemptions, it suspends the “entry into the United States of any alien seeking entry pursuant to” an…

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The effects of President Trump’s April 2020 Proclamation on minors hoping to immigrate

When President Trump issued his “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”  on April 22, 2020, the proclamation made no exception for the visa applications of…

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Social media’s role in the immigration process

Recently, there has been an increasing emphasis put on applicants’ social media usage by the Department of State. Questions regarding applicants’ social media accounts now are included on Forms DS-160 and DS-260. Due to the fact that the emphasis on social…

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Non citizens’ rights to and possible risks of protesting

Non citizens are guaranteed the right to free speech and the subsequent right to protest due to the First Amendment. However, the potential risks to protesting are higher for non citizens than citizens because of the impact an arrest could…

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Proposed Case Backlog and Accountability Act

The United States Citizenship and Immigration Services (USCIS) has experienced a 91% increase in its average processing time of immigration cases from FY 2014 to 2018, which has led to increases in its case backlog. In response to the substantial increase in…

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What the IT Serve Alliance lawsuit and settlement means for H-1B applicants

The ITServe Alliance lawsuit against USCIS has the potential to increase the approval of H-1B applications, particularly those that are filed by IT consulting companies. Before the court ruled in favor of IT Serve Alliance, USCIS put increased restrictions on H-1B requirements such as…

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Presidential proclamations block immigrant visas (green cards) and temporary visas for many outside the U.S.

There have been several proclamations issued by President Trump concerning immigration since late January. Most of the proclamations center around measures being taken to combat the negative effects of COVID-19 on American citizens, but one specifically addresses new limitations being…

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An Update on the Healthcare Workforce Resilience Act

The Healthcare Workforce Resilience Act gives international physicians and nurses a unique opportunity to increase the likelihood of receiving an employment-based immigrant visa quickly. The COVID-19 pandemic has exposed the necessity for the United States to increase the amount of visas given…

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Temporary Policy Changes Help Physicians Keep Their J-1 Waivers Intact during the COVID-19 Pandemic

On May 11, 2020 the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on temporary policy changes for J-1 waiver physicians that will be allowed throughout the duration of the Public Health Emergency caused by COVID-19.  Normally, J-1…

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