The H-1B Itinerary Rule is Dead!
Just in time for H-1B filing season, an important victory against USCIS’s extra-regulatory policy on itineraries. For the last several years, following a policy memo change, the USCIS ramped up H-1B RFEs and Denials, and limited approval periods for individuals who could not show that their employment was going to be one in set place for the entire three year period requested. From the beginning of this policy change, attorney at Kuck Baxter have argued to USCIS that such a change was against the existing regulation and the law. Finally, an industry group of employers finally challenged this policy in court, and USCIS ultimately settled the case by, essentially, deleting the policy. This great news for all employers. Read below for details.
With the COVID-19 crisis upon us, the government agencies dealing with immigration are constantly issuing important updates. We will keep you alerted to all of the breaking news here through our newsletter.
At Kuck Baxter Immigration, we are dedicated to providing you up to the minute information through Twitter, Facebook, Linkedin, our Blog, and our Podcast. Don’t forget to check these out, and don’t hesitate to send your questions or comments. Information and knowledge are power.
Upcoming Events and Kuck Baxter Immigration Media
We have been doing daily Facebook Live events every day on the Kuck Baxter Immigration Facebook Page, in both English and Spanish. You are always welcome to stop by and ask your questions live or send a private facebook message.
During normal times, we regularly speak at community events, continuing legal education seminars, Human Resource conferences, and at universities and colleges around the US. If you would like us to speak to your group for free, let us know! Also, check out our website and come on out to an event! We also do a Facebook live every week, in both English and Spanish, every Friday at 2 pm. Follow us on our Facebook page and catch the action! You can also follow us on our YouTube page, which has hundreds of videos encompassing every immigration topic.
Have You Checked Out Our Blog and our Podcast?
Our Blog is updated each week with information, breaking news, and answers to questions you need to know!
You can also listen to our Top 50 rated podcast, “The Immigration Hour” podcast, that we post each Tuesday. T Download it and listen at your leisure. If you have comments on the podcast, or topics you would like us to talk about on The Immigration Hour, let us know!
Here is the Immigration News You NEED to Know Now
UP-TO-DATE IMMIGRATION NEWS
Federal Court Rules Against USCIS in H-1B ‘Itinerary’ Case – The court found no basis in the law or regulations “for requiring a petitioner to submit evidence of specific, qualifying work requirements and micro-location information for every single day of the visa period.”
U.S. Embassy in India Advises on Repatriations of U.S. Citizens, Other Matters – The U.S. Embassy in India advised that Air India has announced a new series of commercially operated evacuation flights departing from India to international destinations, including the United States.
USCIS Introduces New Interactive Voice Response Telephone System – The new system allows a caller to the USCIS Contact Center to speak to the system rather than select keypad options; receive links for forms and information by email or text; and provide real-time feedback through an optional survey.
Sen. Grassley Asks DHS for Information on Fraud in F-1 OPT Program –Sen. Charles Grassley sent a letter to DHS Acting Secretary Chad Wolf expressing concerns about companies that provide fake employment offers to foreign students so they can meet Optional Practical Training employment requirements, extend their F-1 visas, and remain in the United States after graduation.
Government Agency Links
Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, and the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:
USCIS Service Center processing times online: https://egov.uscis.gov/cris/
Department of State Visa Bulletin:
Visa application wait times for any post:https://travel.state.gov/
Kuck Baxter Immigration — In The News
Charles Kuck was quoted by the Times of India in “Class Action Lawsuit Against H-1B Denials for Market Research Analysts Gathers Steam.” Mr. Kuck said, “USCIS does not like being sued. The class action lawsuit actually resulted in USCIS re-opening and approving the plaintiff’s H-1B applications for market research analysts. We would love for more employers and employees to join our suit—there is no cost in doing so.” The article is at https://bit.ly/2AQrSCM.
Charles Kuck was featured on Univision’s Conexion show discussing, “What is the Impact of Trump’s Executive Order Limiting Legal Immigration?” The video is at https://www.youtube.com/watch?
Charles Kuck spoke to 11 Alive News in Atlanta on how the Trump Immigration Proclamation will impact Immigration Applicants: https://www.11alive.com/
article/news/health/ coronavirus/will-president- trumps-executive-order- related-to-immigration-impact- you/85-625e737e-b9fc-4ff4- b032-358420e9bc88
Charles Kuck spoke to BuzzFeed News about helping people understand what IS and what IS NOT impacted by the Trump Proclamation: https://www.buzzfeednews.com/
article/adolfoflores/us- citizens-parents-green-cards- trump-immigration-ban
Charles Kuck had an editorial published in the Atlanta Journal Constitution calling for the reinstatement of DACA by the Trump Administration:
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Charles Kuck talked about the impact on immigrant families of the Covid-19 Crisis with the Atlanta Journal Constitution: https://www.ajc.com/news/
breaking-news/immigrants- refugees-georgia-vulnerable- amid-coronavirus-pandemic/ pJJFmzOZzyiUTJRyiEBzoM/
Charles Kuck’s comments were featured in an article on H-1Bs with Brietbart (not the place you might normally see a pro-immigration lawyer being quoted!): https://www.breitbart.com/
politics/2020/04/03/indias-h- 1b-companies-ask-labor- department-to-let-foreign- workers-stay-amid-crash/
Charles Kuck participated in Georgia Public Broadcasting’s “Political Rewind” to talk about immigrants in detention and who they are being impacted by the current situation (and also about other “hot” political topics of the day) : https://www.gpbnews.org/post/
Charles Kuck has released several new podcasts for the #ImmigrationHour. “COVID-19 and USCIS, ICE, and EOIR–How to NOT respond to a crisis. https://soundcloud.com/user-
474250731/covid-19-and-uscis- ice-and-eoir-how-to-not- respond-to-a-crisis
Kuck Baxter Immigration LLC published its US legal guide for Corporate Immigration. It can be found at https://iclg.com/practice-
Kuck Baxter Immigration LLC has an office in Adel, Georgia, near the Irwin, Folkston, and Stewart Detention Centers, which hold more than 6,000 detained immigrants. The new office is managed by our Senior Counsel Elizabeth Matherne, the former Director for the Southern Poverty Law Center’s Irwin Detention Project.
We have changed the location of our podcast–The Immigration Hour— to Stitcher. We are entering our 13th year of continuous broadcasts. Listen each week for our latest take on immigration and immigration law!
You can also get constantly updated news on our Facebook page.
Feel free to reach out with any questions or for help in your immigration case at 404-816-8611 or firstname.lastname@example.org.