Six New Countries Face Travel Restrictions to the US

Another travel ban has been issued today for nationals of six countries effective February 22, 2020. The new travel restrictions will prevent nationals from Eritrea, Kyrgyzstan, Myanmar (also known as Burma), and Nigeria from applying for immigrant visas with limited exceptions. The new policy also bars nationals of Sudan and Tanzania from applying for an immigrant visa based on the annual green card lottery (known formally as the Diversity Visa lottery). Immigrants who were issued visas prior to this policy taking effect remain eligible for entry into the country.

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Nadia Yakoob
February 2020 Visa Bulletin Released

The Department of State (DOS) has issued its February 2020 Visa Bulletin. Overall, most employment categories will have modest forward movement.  Employment-based category 1 (“EB-1) for most nationals advances by two months while there is no change for Chinese and 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 14 days while for Indian nationals the priority date moves forward by a mere one day.

Finally, 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 75 days. The priority date for Indian nationals advances by seven days in February. 

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Nadia Yakoob
The Effect of DUIs on Obtaining Immigration Benefits

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.

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Nadia Yakoob
January 2020 Visa Bulletin Released

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.

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Nadia Yakoob
USCIS Confirms Implementation of H-1B Electronic Registration Process for Next Year's Lottery

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.

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Nadia Yakoob
Federal Court Finds that Reasonable Suspicion is Required to Examine International Travelers’ Electronic Devices at US Ports of Entry

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. 

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