Austin Immigration Lawyer Blog

In an effort to catch students enrolling in graduate programs after not being selected in the H-1B lottery, the Department of Homeland Security (DHS) has been discreetly operating a number of fake universities targeting these migrant students abusing the system.

Immigration officials have been monitoring universities for students whose only intentions for enrolling in graduate programs is to obtain additional Optional Practical Training (OPT) and Curricular Practical Training (CPT). Enrolling qualifies them for work authorization and allows them to extend their lawful presence in the U.S despite not being picked in the H-1B lottery.

The standard U.S. Citizenship and Immigration Services (USCIS) protocol would be to issue Requests for Evidence (RFE) regarding H petitions of suspect students. USCIS, however, appears to have turned to more drastic enforcement measures, putting up nonexistent universities to entrap students.

U.S. Citizenship and Immigration Services (USCIS) announced that it has updated the forms used for the extension or change of status for H-4 and L-2 dependents, which will apply to applications filed on March 11, 2019 and afterwards. The agency has so far provided no grace period for the continued use of the now-obsolete versions of the immigration forms, with no preview of the new versions available to the public.

Beginning next month, USCIS will require the use of a new version of the Form I-539 Application to Extend/Change Nonimmigrant Status) for applications requiring the form. The agency said it has also updated Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status.

The updated forms come with a number of significant changes to the application process. Specifically, applicants and co-applicants now have to attend a biometric services appointment for fingerprint taking at a scheduled date at the Application Support Center (ASC) located nearest to the applicant’s address.

The idea of court hearings done through a TV screen or monitor may have an Orwellian ring to it, but it’s how many undocumented immigrants are currently being processed for deportation, replacing conventional in-person court hearings. Understandably, this practice has drawn flak from immigration rights advocates and is now being challenged in court by the Legal Aid Society, the Brooklyn Defender Services, and Bronx Defenders.

The federal lawsuit, filed on behalf of seven undocumented immigrants, argues that in-person hearings had long helped ensure that detained immigrants were granted the opportunity to have fair and full access to the courts in order to participate in their deportation proceedings. The plaintiffs add that the ICE NY Field Office had never before broadly refused to produce individuals for in-person hearings.

Moreover, the switch to CCTV-only hearings at the Varick Street Immigration Court in New York City in June last year happened without warning.

Although first seen as an amendment to the spending package before the government shutdown, the Fairness for High-Skilled Immigrants Act has been reintroduced in the 116^th Congress by both members of the U.S. House of Representatives and Senate, led by Rep. Zoe Lofgren (D-CA) and Sen. Kamala Harris (D-CA).

The bill, introduced in 2017 with 300 co-sponsors, would eliminate the caps on lawful permanent residency (i.e. green cards) for each country and ease the green card processing backlog. In particular, this would speed up processing times for Chinese and Indian foreign nationals who face tremendously long waiting lines.

On top of expedited processing, foreign nationals covered by the bill would also gain a number of benefits with their immigration applications. For one, they and their employers would no longer need to worry about renewing their H-1B visas. Consequently, the spouses of these qualified foreign nationals would also be allowed to get employment authorization documentation based on their green cards rather than the H-4 visa. Additionally, their children would be much less likely to face “ageing-out,” which is a challenge foreign parents face as they get green cards for their children as well.

A federal judge recently declined to dismiss a class action accusing the Trump administration of exploiting a sham waiver process to deny entry to all waiver-eligible immigrants from the five Muslim-majority countries under the administration’s travel ban.

Members of the class action suit claimed that they had faced troubles with their waiver requests, what with officials at the State Department refusing to recognize the documents they present to support their requests. Other plaintiffs claimed that they were completely prohibited from applying for a waiver, a discretion reserved only for visa interviews. Members of the class consist of a total of 36 immigrants or relatives of immigrants from countries covered by the Trump travel ban namely Iran, Libya, Somalia, Syria, and Yemen.

The class brought their case against the Trump administration in March 2018, claiming that the government has intentionally deviated from established guidelines and procedures mandated by law when reviewing travel ban waiver requests.

U.S. Citizenship and Immigration Services (USCIS) has announced that it has resumed premium processing of all H-1B petitions subject to the Fiscal Year 2019 cap, H-1B extensions for those only continuing in already-approved employment, and petitions filed by universities and nonprofit or government research organizations exempt from the cap.

Premium processing for most other types of H-1B petitions, however, currently remains unavailable.

Fortunately, processing of USCIS petitions were not paused during the government shutdown. The agency, however, said they are experiencing a significant slowdown in processing times.

Ever since Donald Trump took the presidency, Deferred Action for Childhood Arrivals (DACA) beneficiaries in Texas have grown accustomed to the stress of not knowing what will happen to them. The problem has gotten so bad that the number of DREAMers (named after the DREAM Act, an immigration bill with similar provisions that failed to become law) in the state have been on a steady decline.

DACA is the product of an is an Obama-era executive order that grants immigrants who entered the country as children relief from deportation, allowing them to apply for temporary work permits and driver’s licenses every two years. It is estimated that before the Trump administration, there were at least 124,000 DACA recipients reside in Texas alone.

But amid talks of DACA being rescinded by the president, the Migration Policy Institute claims that the number of Texan DACA beneficiaries has since dropped to 115,000.