U.S. Citizenship and Immigration Services (USCIS) has recently updated its policy guidance to clarify that two or more DUI convictions will prevent a foreign national from showing “good moral character” for immigration benefits, such as naturalization and cancellation of removal. In order to overcome the negative impact of multiple DUIs, the foreign national will have to show substantial compelling evidence of good moral character that outweigh the DUIs. Efforts to reform or rehabilitate after the DUI offenses are not considered sufficient. In short, the foreign national will need to show the multiple DUI offenses are an aberration.
The Department of State (DOS) has issued its January 2020 Visa Bulletin. Overall, most employment categories will have modest forward movement. Employment-based category 1 (“EB-1) for most nationals advances by two and a half months while for Chinese nationals it moves forward by seven days. There is no change for Indian nationals in the EB-1 category. For the EB-2 category, immigrant visas are available for most nationals. However, for Chinese nationals, the priority date advances by eight days while for Indian nationals the priority date moves forward by only three days. Lastly, for the EB-3 category, immigrant visas are available for most nationals. However, for Chinese nationals the priority date moves forward by one month and, for nationals of the Philippines, the priority date advances by 15 days. There is no change in priority date for Indian nationals in January.
USCIS has confirmed that it will implement the online registration system for next year’s H-1B visa lottery. Under this new process, employers seeking to file H-1B petitions in next year’s lottery must first complete an online registration process that requires basic information about their company and each requested worker, and pay the associated $10 H-1B registration fee.
TThe Department of State (DOS) has issued its December 2019 Visa Bulletin. Overall, most employment categories had little forward movement. Employment-based category 1 (“EB-1) for most nationals advances by 44 days while for Chinese nationals it moves forward by 103 days. There is no change for Indian nationals in the EB-1 category.
Earlier this week, a federal court ruled that reasonable suspicion is required for Customs and Border Patrol (“CBP”) agents as well as Immigration and Customs Enforcement agents to search international travelers’ electronic devices at airports and other ports of entry into the United States.
U.S. Citizenship and Immigration Services (USCIS) plans to increase most of its government filing fees, and change the premium processing time to 15 business days instead of calendar days due to budgetary shortfalls.
Beginning November 11, 2019, citizens of Poland will be eligible to visit the United States for business or leisure for up to 90 days without a visa. They will be admitted under the Visa Waiver Program (“VWP”).
A federal judge in Portland, Oregon has temporarily stayed President Trump’s latest Proclamation, which would require applicants for immigrant visas to show their ability to obtain health insurance within 30 days of entry into the United States. The Proclamation was set to take effect on Sunday, November 3 but is temporarily on hold while the legal challenge to the Proclamation is adjudicated. If the Proclamation takes effect, applicants who fail to demonstrate the financial resources to obtain health insurance will have their visa applications denied.
The Department of Homeland Security (DHS) plans to extend Temporary Protected Status for nationals of El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan to January 4, 2021. DHS will automatically extend the validity of Employment Authorization Documents, Forms I-797, Notice of Action, and Forms I-94, Arrival/Departure Record (collectively, TPS-related documentation) to this date.
Effective November 3, 2019, applicants for an immigrant visa will be required to show their ability to obtain health insurance within 30 days of entry into the United States during their consular interview. Visa applicants should complete Form DS-5541 to provide information on their health insurance plan and date coverage will begin or ability to pay for healthcare for any “reasonably foreseeable” medical costs. Failure to demonstrate the financial resources to obtain health insurance will result in a denial of their visa application.
