Comment on the Draconian Proposed Rule Changes to Asylum Law

Charles Kuck Blog 2 Comments

Dear Attorney General Barr, Director McHenry, Assistant Director Reid, Acting Secretary Wolf, Senior Official Mizelle, Senior Official Cuccinelli, Division Chief Dunn, and Administrator Ray:   While I am not stunned that each of you would react to President Trump’s likely departure from the White House by proposing radical, drastic and unnecessary changes to our, mostly, treaty compliant asylum rules, I …

Late May 2020 Immigration News You Can Use—The H-1B itinerary Rule is Dead!

Charles Kuck Blog Leave a Comment

Federal Court Rules Against USCIS in H-1B ‘Itinerary’ Case On May 20, 2020, a U.S. district judge in Atlanta, Georgia, found that no statute or regulation requires a petitioner to submit a detailed itinerary in the way required by a U.S. Citizenship and Immigration Services (USCIS) new interpretive memorandum. The court found no basis in the law or regulations “for …

USCIS is Forced to End its Illegal Itinerary Rule

Danielle Claffey Blog Leave a Comment

Over the last two years there has been an assault by U.S. Citizenship and Immigration Services (“USCIS”) on H-1B specialty occupation workers and the employers who sponsor them in the IT consulting arena.  This issue actually dates back to the 2010 Neufeld Memo.  The Memo laid out guidelines for employer-employee relationships at third-party worksites.  It was then followed by USCIS’ …

USCIS Issues Temporary COVID-19-Related Policy for I-9 List B Identity Docs Following DHS Deferral of I-9 Physical Presence Requirements

Charles Kuck Blog, News & Videos Leave a Comment

U.S. Citizenship and Immigration Services (USCIS) announced a temporary policy for List B identity documents used in the Form I-9 employment eligibility verification process. The agency noted that employees may experience challenges in renewing state driver’s licenses, state ID cards, or other List B documents due to stay-at-home orders and restrictions on renewal services. As of May 1, 2020, identity …

What Does the Trump Executive Order Mean, and Who is and is Not Affected by It?

Charles Kuck Blog 34 Comments

Last night, the President signed the promised Executive Order, which limits LEGAL immigration into the U.S. (meaning entering with an immigrant visa, not a nonimmigrant visa) for foreign nationals who meet the following criteria: Are outside the U.S. on April 23, 2020; Do not have an immigrant visa stamp in their passport that is valid on April 23, 2020; and Do not have an …

EMPLOYMENT, FURLOUGH, AND TERMINATION OPTIONS FOR EMPLOYERS AND THEIR NON-IMMIGRANT WORKERS (H-1B, L-1, E-2, TN, O-1, and F-1 OPT)

Charles Kuck Blog 1 Comment

Employers frequently ask, “what obligation does an employer have when it terminates a foreign national employee,” and “what options are available to the foreign national employee if she is terminated.” More recently this question is revised somewhat, and the word “furloughed” is substituted for “terminated.” Let’s look at immigration law as it applies to these situations. In the broader context (that …

Immigration and Coronavirus (COVID-19): European Travel Ban Taking Effect March 13, 2020 at 11:59 P.M. EDT

Phil Kuck Blog Leave a Comment

On Wednesday March 11, 2020, President Trump made a televised address from the Oval Office placing blame on the European Union for failing to contain the coronavirus outbreak. As a result, the President imposed a 30-day ban on foreign visitors from the Schengen Area of the European Union. The ban does not apply to United Kingdom and Ireland. Who Does …

Seeking Refuge from the Storm: Updates for Bahamians Traveling to the U.S.

Maria Batres Blog Leave a Comment

On September 1st, Hurricane Dorian made landfall on the Bahamas as a Category 5 storm, the strongest storm to ever hit the chain of islands. What was left behind was total destruction of homes, businesses, and lives.  Having lost everything, and with the threat of more storms coming, thousands of Bahamians have begun to seek refuge in the U.S. while …

Deferred Action (and Mercy) is Dead—Another Effective Program Killed by the Administration

Charles Kuck Blog, Immigration News, News & Videos 3 Comments

For the last decade or so, many immigrants have relied on an unofficial program called “Deferred Action” to obtain time-limited temporary employment permission in cases for which humanitarian considerations called for a degree of mercy that our current legal immigration system does not contemplate.  For example, an undocumented mother whose US citizen child has cancer and needs to be taken …

STEM Students are the Future – Bill Gates Was Right

Laura Rosmarin Blog Leave a Comment

Trump’s most recent attack on the U.S. IT industry has been his recent implementation of ICE site visits on STEM OPT students and employers. STEM OPT is a regulation created in 2008 to give additional work authorization to international students who have graduated from a U.S. university with a degree in a STEM field. Under 8 CFR 214.2(f)(10)(ii)(C)(2), a STEM …