Immigration Updates

A. What is Deferred Action for Childhood Arrivals (“DACA”)? Over the past several years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on national security, public safety, border security and the integrity of the immigration system. As the Department of Homeland Security (DHS) continues to focus…

USCIS recently published revised Form I-129, Petition for a Nonimmigrant Worker. The revised Form I-129 is labeled with an Oct. 23, 2014, edition date. You can view the revised form and details about who may file Form I-129 from the USCIS forms website.

People ask how will the government ensure that people eligible for DAPA and DACA are not deported before the Immigration Accountability Executive Action is in place? Department of Homeland Security (DHS) has instructed officials in both immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) to identify expanded DACA and DAPA-eligible individuals who…

On December 18, U.S. Citizenship and Immigration Services (USCIS) published two Federal Register notices. These notices relate to theHaitian Family Reunification Parole (HFRP) Program and the Cuban Family Reunification Parole (CFRP) Program. Please see specifics regarding both programs identified below. HFRP Program: On October 17, 2014, USCIS announced that it would begin preparatory work to…

Much of the attention on President Obama’s Executive Action has focused on his use of prosecutorial discretion to defer deportation for millions of undocumented immigrants, including certain parents of U.S. citizens and Lawful Permanent Residents. But as part of the November announcement, President Obama also signed a memorandum to explore ways to upgrade parts of…

“What did the President do, exactly?” The President announced one new program, expanded another, and made a lot of changes that will make immigration enforcement more humane and smarter. The new program that everyone is talking about is called Deferred Action for Parents (DAPA). Under DAPA, the undocumented parents of United States Citizens or Legal…

Naturalization Through Military Service Special provisions of the Immigration and Nationality Act (INA) authorize U.S. Citizenship and Immigration Services (USCIS) to expedite the application and naturalization process for current members of the U.S. armed forces and recently discharged members. Generally, qualifying military service includes service with one of the following branches: Army, Navy, Air Force,…

ALEX NOWRASTEH President Obama will soon announce an executive action to defer the deportations of somewhere between 1 million and 4.5 million unauthorized immigrants. Those whose deportations are deferred will be eligible for a temporary work permit through a 1987 provision in the Code of Federal Regulations. Those who support immigration reform note that any…

Recently the U.S. Department of Labor changed its procedure on how an employer seeks review of a denial of Permanent Labor Certification (PERM). As of October 27, 2014, the Atlanta National Processing Center is no longer automatically forward to BALCA all PERM case Requests for Reconsideration where the original case decision was upheld. Rather, a…

The H-2B program is a program that allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. The H-2B program has a statutory numerical limit, or “cap,” on the total number of H-2B visas that can be issued during a fiscal year. Currently, the H-2B cap set by Congress…