USCIS H-1B Lottery Process Will Remain Unchanged for the Following Year

USCIS H-1B Lottery Process Will Remain Unchanged this Year

Written by Taher Kameli & Chathan Vemuri In what is sure to be welcome news for H-1B visa applicants, the US Citizenship and Immigration Services ( USCIS ) announced that the H-1B electronic registration and lottery process for this year would be identical to that of last year, as opposed to the Trump administration’s proposal to make the lottery of H-1B visas dependent on wage levels for H-1B positions.[1] Under the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions rule (Modification Rule), H-1B application cases would have been prioritized according to the wage level

DHS Proposes End Work Authorization for Aliens with Final Removal

DHS Proposes to Cancel Work Authorization For Aliens

Written by Taher Kameli & Chathan Vemuri On November 17, 2020, the Department of Homeland Security (DHS) proposed a rule to cancel work authorization for non-resident aliens, subject to final removal awaiting deportation.[2] This cancellation of work authorization would specifically apply to those aliens subject to final removal awaiting deportation that has been released from DHS custody but still lack the requisite travel documents needed to deport them from the U.S.[3]    As part of its efforts to further entrench his immigration policy during the home stretch of his Presidency, the Trump Administration

Ninth Circuit Recognizes Right of EB-5 Derivative Beneficiaries to Seek Review of I-829 Petition Denials

EB-5 D Beneficiaries Seek Review of I-829 Petition Denials

Written by: Taher Kameli, Esq. The Federal judiciary has generally been the governmental branch that has done the most to protect immigrant rights since the election of President Trump.  As another example of a Federal court ruling in favor of immigrant rights, on September 4, the Ninth Circuit Court of Appeals recognized the right of EB-5 derivative beneficiaries to seek review of I-829 petition denials. The case, Mu v. Barr, 2019 U.S. App. LEXIS 26668 (9th Cir. 2019), involved the derivative beneficiary (the daughter) of

Writs of Mandamus: Bringing Consular Officers into Compliance with Law

Writs of Mandamus Bringing Officers into Compliance with Law

Written by: Taher Kameli, Esq. More than a year has passed since Donald Trump imposed his inhumane immigration policy on people from Muslim-majority countries, leaving hundreds of visa applicants in a state of frustration and administrative limbo. Although the travel ban was to be reviewed every six months for the purposes of assessing its necessity, it has remained in effect indefinitely. Under such circumstances, nationals from countries subject to the travel ban find no option but to file a waiver request with the U.S. Consulate in hopes of reuniting with their beloved ones, and carrying forward their prospective endeavor

TPS Visa Holders May Face Risk of Deportation in the United States

TPS Visa Holders May Face Risk of Deportation in the U.S.

Written by: Taher Kameli, Esq. The United States is one of the countries in the world that offers citizens of some politically and economically challenged nations temporary refuge in the country, as part of the Temporary Protected Status program of the Immigration Act of 1990. These countries include El Salvador, Guinea, Haiti, Honduras, Liberia, Nepal, Nicaragua, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. Till now, holders of the TPS visa were eligible for permanent residency and citizenship, based on fulfillment of the eligibility criteria laid out by the USCIS for the

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