In 2019, the large policy and enforcement shifts signposted in 2017 and 2018 continued to play out with stricter immigration enforcement across the board. While we don’t expect to see seismic shifts in the coming year, there are a few issues to watch for in 2020.

(1) H-1B “Specialty Occupation” Definition Change Likely to Stall in Court

USCIS has indicated it will be announcing an official change to the definition of “specialty occupation.” While we have already seen a detrimental shift in the H-1B adjudication process, this would be an official regulatory change. We expect that any attempt to re-interpret the H-1B statute as narrowly as possible will face a lengthy court battle.


Continue Reading The Year Ahead: 10 Things to Watch for in US Immigration

Following reports that DHS rejected 4,000 timely-filed DACA renewal applications for being late due to USPS delays, DHS Secretary Elaine Dukes directed the USCIS to accept the applications, provided that the resubmissions include “individualized proof” that the applications were originally mailed in a timely matter and that the delivery delay was because of USPS error. 

Despite earlier hints that the “Dreamers” – undocumented youth who were brought to the United States illegally or lost their status while they were underage – might be allowed to retain their work permits and reprieve from deportation, Attorney General Sessions announced today that the Obama-era Deferred Action for Childhood Arrivals (DACA) program will end on March 5, 2018.  The six-month lag time is intended to allow Congress to codify DACA-like provisions into law.

Continue Reading DACA Dreamers on Life Support

Donald Trump’s statements about the U.S. immigration system were a main feature of his presidential campaign. Now that he has been elected, many are questioning whether and how those statements might become actual policies.
Continue Reading What Businesses Can Expect from Trump’s Immigration Agenda