Lopez v. Barr, a May 22, 2019, decision by the U.S. Court of Appeals for the 9th Circuit, holds out hope for thousands of persons who are in removal proceedings that they can apply for cancellation of removal. Lopez v. Barr relies on the Pereira v. Sessions, a 2018 U.S. Supreme Court decision which holds […]
On May 16, 2019, President Trump proposed a new immigration system in which over half of all green cards would be allotted to highly educated and skilled immigrants and their families. Under the President’s proposal, the number of green cards approved each year would remain at 1.1 million, the same as now. However, the percentage […]
Great News: Thhe EB-3 category for Filipino nurses and other professionals is current (no backlog) in July and may stay current all summer long. This is a momentous change from the enormous backlog that EB-3 Filipinos were experiencing just a few years ago. We are working together with our health care clients to file as […]
The U.S. State Department announced that the family 2A category (spouses and unmarried children of lawful permanent residents) will become current for the first time in many years. The USCIS announced that even though Worldwide Family 2A is backlogged on the Dates of Filing Chart, since the Worldwide Family 2A is current on the Final […]
On May 3, 2019, a Federal Judge issued an injunction preventing the USCIS from enforcing its August 2018 unlawful presence memo which attempted to change the rules retroactively for F and M students and J exchange visitors. The plaintiffs in Guilford College v. USCIS maintain that the government did not follow the proper administrative procedures in […]
In June 2018, the U.S. Supreme Court issued a landmark 8-1 decision in Pereira v Sessions holding that a Notice to Appear (NTA) in Immigration Court which does not state the date and time of the hearing is a defective Notice to Appear and does not give the Immigration Court jurisdiction over a case. The […]
Volume Twenty Four, Number Five SHUSTERMAN’S IMMIGRATION UPDATE is the Web’s most popular e-mail newsletter regarding US immigration laws and procedures with over 60,000 subscribers located in more than 150 countries. It is written by a former INS Trial Attorney (1976-82) with over 40 years of experience practicing immigration law. Published by the Law Offices […]
For employers who are subject to the H-1B numerical cap, the filing season ended on April 5, both lotteries are over and many receipt notices have been issued. What’s next will be a virtual tsunami of thousands of Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs) and H-1B Petition Denials. If we want […]
The U.S. Department of State issues the Visa Bulletin on a monthly basis. The Visa Bulletin lets you estimate how long it will take for you to get a green card. Where there is no backlog, the State Department lists the category as “current”. This is true for most of the worldwide employment-based categories. You […]
It’s been a long time coming, but Israeli investors will finally be able to obtain E-2 Treaty Investor visas to start businesses in the U.S. starting on May 1, 2019. E-2 Investor Visas for Israelis The E-2 Investor Treaty between the U.S. and Israel was signed by President Obama back in 2012. However, for the […]
