Announcements

USCIS Announces Temporary Suspension of H-1B 2021 Premium Processing

USCIS Announces Temporary Suspension of H-1B 2021 Premium Processing On Tuesday, March 17, The United States Citizenship and Immigration Services (USCIS) announced that it will temporarily suspend premium processing services for all petitions filed under the H-1B cap-subject category. As stated in the announcement, H-1B petitioners will not be able to request premium processing by the time […]

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COVID-19 IMMIGRATION PLANNING

COVID-19 IMMIGRATION PLANNING The Coronavirus, COVID-19, has taken the entire world by utter surprise, and both governments, employers and employees are in new, never chartered territories. Our team at Weinstock Immigration Lawyers has kept our doors open and implemented a remote work rotating policy for our employees so we can continue to serve our clients.

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US Immigration System Changes during the Coronavirus Pandemic

US Immigration System Changes during the Coronavirus Pandemic As the United States responds to the coronavirus pandemic, the Trump administration has made sweeping changes to the country’s immigration apparatus, altering daily operations and disrupting the lives of thousands. In a little over a week, there have been a dozen changes, ranging from postponing immigration hearings to

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USCIS closes offices nationwide March-18 April 1

USCIS Closes Offices Nationwide March 18-April 1 Effective March 18, U.S. Citizenship and Immigration Services is suspending in-person services at its field offices, asylum offices and Application Support Centers (ASCs) to help slow the spread of Coronavirus Disease 2019 (COVID-19). USCIS Log This suspension of services will be effective until at least April 1. In

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Coronavirus travel updates, British edition

Coronavirus travel updates, British edition The Foreign Office (FCO) advises British nationals against all but essential international travel to an increasing number of countries because of coronavirus. Some destinations have travel restrictions, quarantine measures, border closures and health screenings in place due to the outbreak. If travelers have recently been on another trip abroad to

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Coronavirus raises tough immigration issue for business

Coronavirus Raises Tough Immigration Issues For Businesses Coronavirus raises a host of difficult immigration issues for U.S. businesses, including the status of H-1B visa holders and international students, obtaining I-9 verification for new employees and travel restrictions that limit mobility for international personnel. Below is a look at important immigration issues facing businesses during the

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Coronavirus (COVID-19) and the European Union’s Schengen Area

Coronavirus (COVID-19) and the European Union’s Schengen Area As you may have seen in the news, the United States government has prohibited non-US citizens who are from the 26 countries that make up the European Union’s Schengen Area or who have visited the Schengen Area in the previous two weeks from entering the United States.

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Forbes: USCIS improperly denied an H-1B petition

Forbes: USCIS improperly denied an H-1B petition US Magistrate Judge L. Patrick Auld has ruled that US Citizenship & Immigration Services (USCIS) improperly denied an H-1B petition after USCIS claimed the position did not qualify as a “specialty occupation.” Stuart Anderson, senior contributor at Forbes, writes that this ruling is the “first known case where a federal judge

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Feds relax online education rules for international students amid coronavirus threat

Feds relax online education rules for international students amid coronavirus threat A federal program overseeing international students in the U.S. said it will be flexible with its oversight requirements as the global coronavirus outbreak causes colleges to make classes remote. U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program (SEVP) sent participating colleges and

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ICE’s “cyber trap” affects immigrants.

ICE’s “cyber trap” affects immigrants. A new lawsuit, from the American Civil Liberties Union (ACLU), reveals that software used by the Immigration and Customs Enforcement (ICE) office helps keep low-risk immigrants locked up, when the tool would supposedly recommend releases within 48 hours, after analyzing several risk factors. The tool is not new. It was

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Justice Dept. Establishes Office to Denaturalize Immigrants.

Justice Dept. Establishes Office to Denaturalize Immigrants. The Trump administration is establishing a new section within the Justice Department, to discuss the process of removing citizenship from people born abroad who obtained citizenship fraudulently by not disclosing previous convictions serious crimes, including terrorism and war crimes, officials announced this Wednesday, February 26, 2020. The move

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Time to start processing H-1B cap petitions.

Time to start processing H-1B cap petitions. It’s already February 2020 and it’s almost time to start processing H-1B cap petitions for your employees and prospective employees. The H-1B cap applies to all employees you currently employ in F-1 OPT or J-1 status or prospective employees you wish to sponsor, here or from abroad. The

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USCIS Announces Public Charge Rule Implementation.

USCIS Announces Public Charge Rule Implementation. WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will implement the Inadmissibility on Public Charge Grounds final rule (“Final Rule”) on Feb. 24, 2020, except for in the State of Illinois where the rule remains enjoined by a federal court as of Jan. 30, 2020. Under the Final Rule, USCIS will

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H-1B Elecrpnics registration process has been normally announced by USCIS

H-1B Electronic Registration Process has been Formally Announced by USCIS As confirmed by USCIS in the Final Rule from January 31, 2019, a Federal Register notice has been published formally announcing  the implementation of registration process for fiscal year 2021 H-1B.  What this implies is that the season for this new electronic filling will commence

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All the immigration lawsuit against the trump administration-a summary

All the Immigration Lawsuits against the Trump Administration – a Summary President Trump’s administration is facing an unprecedented number of lawsuits over his immigration policies. By end of 2020, we can expect court decisions on many of these lawsuits. The judicial branch may also make a stance on the limits of the President’s authority to

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Border Agents Cannot Search Travelers’ Digital Devices without Reasonable Suspicion, Judge ruled

Border Agents Cannot Search Travelers’ Digital Devices without Reasonable Suspicion, Judge ruled A district court judge in Boston ruled that U.S. border agents must have ‘reasonable suspicion’ to search travelers’ electronic devises at airports and other ports of entry. Background of the Decision In recent years there has been a growing practice for border agents

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New Rule to Deny Immigrant Visas to Those Who Can’t Pay for Health Care

Congress is about to End Immigration of Skilled Workers in the U.S. By Ira J. Kurzban, KKTP, P.A. At the same time the Trump White House is crushing the hopes and aspirations of asylum seekers and those seeking a better life in. the U.S. through illegal practices and policies, the Congress is about to seriously

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Debunking America First: Limiting H-1B Visa Results in Job Loss in the U.S.

Debunking America First: Limiting H-1B Visa Results in Job Loss in the U.S. A new study finds that immigration restrictions preventing the employment of high-skilled foreign nationals are doing far more harm than good for the American economy. Background The research was conducted by academics at the prestigious Wharton School of Business at the University

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Congress is about to End Immigration of Skilled Workers in the U.S.e

Border Agents Cannot Search Travelers’ Digital Devices without Reasonable Suspicion, Judge ruled A district court judge in Boston ruled that U.S. border agents must have ‘reasonable suspicion’ to search travelers’ electronic devises at airports and other ports of entry. Background of the Decision In recent years there has been a growing practice for border agents

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ICE raids scheduled to begin on sunday

ICE Raids Scheduled to Begin on Sunday Nationwide raids to arrest thousands of undocumented immigrants have been scheduled to begin Sunday, but the final details of these raids remain uncertain. The operation was previously postponed. What is going to happen? The raids, conducted by Immigration and Customs Enforcement(ICE)over multiple days, will include “collateral” deportations. This

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H-1B Cap Reached within 5 days, Reflects Serious Need for Foreign Professionals in U.S.

H-1B Cap Reached within 5 days, Reflects Serious Need for Foreign Professionals in U.S. USCIS has once again received more than enough applications within the first 5 days of the fiscal year 2020 filing period to reach the annual cap of 85,000 H-1B visas. The agency received 201,011 petitions this year, a 6% increase from

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Exit of Homeland Security Secretary Signals Tougher Direction on Immigration Policy

Exit of Homeland Security Secretary Signals Tougher Direction on Immigration Policy Homeland Security Secretary Kirstjen Nielsen resigned from her position last Sunday. Subsequently, the Trump administration continued its leadership purge of the Department of Homeland Security and removed Secret Service Director Randolph “Tex” Alles the next day. This series of ousters is a result of

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Threats of Border Closure Causes Fears of Dire Economic Consequences

Threats of Border Closure Causes Fears of Dire Economic Consequences In response to a surge of Central American migrants seeking asylum last weekend, President Trump threatened to close all ports of entry along the southern U.S. border. In light of the Department of Homeland Security’s declaration of an “Category 5 immigration crisis” at the border,

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USCIS is prime example of administration efficency

USCIS is Prime Example of Administrative Inefficiency Under the current administration, case processing delays at USCIS has reached unprecedented levels. According to a study by AILA, USCIS’s overall average case processing time grew by 19% in 2018 alone. Immigrant families, people fleeing persecutions as well as American businesses all bear the grave consequences of such

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Immigrant Entrepreneurs Overlooked in Immigration Policy Debate

Immigrant Entrepreneurs Overlooked in Immigration Policy Debate The government is set for another shutdown this Friday.  As Congress and the White House continue to wrangle over a border wall, no one seems to pay much attention to a significant group in the immigration policy debate: immigrant entrepreneurs. How do immigrants matter to the U.S. economy?

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Asylum Seekers Gravely Stymied by Government Shutdown

Asylum Seekers Gravely Stymied by Government Shutdown Asylum seekers are among the worst casualties in the government shutdown that has exacerbated the nation’s already-backlogged immigration system. Due to President Trump’s demand for a border wall, the federal government is currently in the longest partial shutdown on record. The impasse is forcing the postponement of hearings

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Immigration Judges Quit

Immigration Judges Quit CNN reported today (Friday, December 27, 2019) that Immigration judges have left their positions in 2019 at nearly twice the rate of previous years with many citing the Trump administration’s anti-immigrant policies as a deciding factor. Over the past year, in the heat of a border migration crisis, 45 judges have left,

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What Happens to Immigration During a Government Shutdown?

What Happens to Immigration During a Government Shutdown? As President Trump refuses to sign a budget bill that does not include funding for his border wall, there is a government shutdown in effect right now. Which immigration-related entities are impacted? Department of Homeland Security and its immigration-related components (Custom and Border Protection, Immigration and Custom Enforcement, Citizenship

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Immigrants Christmas Gift: Civil Rights Coalition Successfully Blocks Trump.

Immigrants Christmas Gift: Civil Rights Coalition Successfully Blocks Trump. Making it difficult for immigrants to reach the United States in a variety of ways has been in the agenda for the President of the United States, Donald Trump. However, litigators from the Justice Action Center (JAC), the American Immigration Lawyers Association (AILA), and Innovation Law Lab, with pro bono

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Asylum Rejections Record-High in 2018 Amid Immigration Crackdown

Asylum Rejections Record-High in 2018 Amid Immigration Crackdown Immigration courts denied an astounding 65% of asylum applications in 2018, according to a recent report by Syracuse University’s Transactional Records Access Clearinghouse (TRAC).  This denial rate is the highest since 2001. Asylum Caseload has Skyrocketed in 2018. TRAC reported 42,224 asylum cases that were decided by

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International Students Thrive and Live the American Dream as Innovators Despite Anti-Immigrant Government

International Students Thrive and Live the American Dream as Innovators Despite Anti-Immigrant Government International students are founding America’s most exciting and innovative startups. Unfortunately, Trump’s anti-immigrant agenda may be hurting such entrepreneurship. How do international students contribute to the U.S. economy? According to a recent study, nearly one in four U.S. billion-dollar startups had a

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Harsh Immigration Policy Overlooks Country’s Need for Doctors

Harsh Immigration Policy Overlooks Country’s Need for Doctors Restrictive immigration policy under the Trump administration has little regard for the shortage of doctors in the United States.  Worse still, it may be exacerbating the desperate need for physicians in primary and specialty care in many underserved areas.   How Bad is the Need for Doctors?

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Spanish Embassy Hosts Attorney Karen Weinstock

Spanish Embassy Hosts Attorney Karen Weinstock On October 18, 2018, our Managing Attorney Karen Weinstock presented on a number of immigration issues at the Spanish Embassy in Washington, D.C.. In attendance were business representatives, embassy staff and the embassy’s immigration services unit. It was a packed but extremely productive day for Karen. We make it our mission

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Undocumented Immigrant Children in America

Undocumented Immigrant Children in America More than 200 undocumented immigrant children remain in U.S. custody today, separated from their families. The overwhelming majority of these children face a grim and uncertain future in ICE facilities. (SOURCE: https://www.abcactionnews.com/news/national/more-than-200-children-from-separated-immigrant-families-remain-in-us-custody) Of the 245 children in custody, 175 have parents who have been removed from the United States. Only 18

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Federal Judge Resists Trump’s Immigration Crackdown in TPS Ruling

Federal Judge Resists Trump’s Immigration Crackdown in TPS Ruling A federal judge in San Francisco blocked the government’s plan to end temporary protection for immigrants from Haiti, Nicaragua, El Salvador and Sudan.  The judge issued a preliminary injunction in a lawsuit brought by immigrants with temporary protected status (TPS) from those four countries. What is

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Immigrants Pressured to Choose between Immigration & Public Benefits

Immigrants Pressured to Choose between Immigration & Public Benefits Immigrants to the U.S. are feeling obligated to remove themselves from public benefits such as childcare subsidy and food stamp program.  This pressure came from a recent proposal by the Trump administration to tighten the ‘public charge’ rule that disfavors claimants of public benefits while adjudicating

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Watch Out for Immigration Scams

Watch Out for Immigration Scams Immigration Scams Alert: even a victim can face deportation While the government tightens control on immigration, heartless fraudsters are preying upon vulnerable immigrants who are anxious about the uncertainty of their status.  Not only could victims lose thousands of dollars to these immigration scams, worse still, they could run afoul

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Immigration Courts Under Attack by Jeff Sessions and DOJ

Immigration Courts Under Attack by Jeff Sessions and DOJ Judicial Independence in Immigration Courts are Besieged by Jeff Sessions and DOJ. Tearing families apart isn’t the only way in which Attorney General Jeff Sessions attacks the American immigration system.  Since taking office, Sessions and the Justice Department have been interfering with judicial independence in immigration

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USCIS Extends & Expands Suspension of H-1B Visa Premium Processing

USCIS Extends & Expands Suspension of H-1B Visa Premium Processing From September 11, 2018, the USCIS will suspend premium processing for cap-subject H-1B petitions for an additional 5 months.  Furthermore, the temporary suspension – announced back in March – will be expanded to include all H-1B petitions filed at the Vermont and California Service Centers

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Birthright Citizenship and Kamala Harris

Birthright Citizenship and Kamala Harris People born in the United States are American citizens, regardless of what President Trump claims. Birthright citizenship—enshrined by the Fourteenth Amendment in the U.S. Constitution—guarantees it. Trump recently suggested to the contrary after a Newsweek column erroneously argued that vice presidential candidate Kamala Harris was not a “natural born citizen.” The assertion that

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