How do we determine what is law, what is the government’s interpretation or application of a law, or what is just the government’s opinion? Consider the source.
STATUTES: Laws Passed by a Legislature, Usually by Congress
Statutes are binding law and can create new rights or obligations. The Immigration and Nationality Act is a statute. Statutes may be challenged in court if they are unconstitutional, either as written or as applied by the government.
REGULATIONS: Rules Setting [...]
The H-1B electronic registration period closed at noon (ET) on March 25, 2021. Registrants and their legal representatives have started to receive H-1B selection notices from USCIS over the weekend. USCIS plans to send out formal communications to inform the public regarding if and when the selection period has closed in the coming days.
A registrant’s USCIS online account will show one of the following statuses for each registration:
Submitted: The registration has been submitted [...]
The Department of Homeland Security is designating Venezuela for Temporary Protected Status (TPS) for 18 months, effective 3/9/21 through 9/9/22.
This new designation enables Venezuelan nationals (and individuals without nationality who last resided in Venezuela) currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements.
To be eligible for the Temporary Protected Status, individuals must
be able to demonstrate continuous [...]
U.S. Citizenship and Immigration Services (“USCIS”) has been experiencing delays in issuing receipts notices for Form I?765 for optional practical training (OPT) for F?1 students, due to COVID?19 restrictions, a dramatic increase in filings, postal service volume and delays, and other external factors.
On February 26, USCIS announced flexibilities for certain foreign students affected by delayed receipt notices for Form I?765, Application for Employment Authorization. These [...]
Shuyuan Tian, Esq.
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to revert to administering the 2008 civics test to naturalization applicants, beginning March 1, 2021.
Pursuant to the new policy, anyone who filed for naturalization before December 1, 2020, or on or after March 1, 2021, will take the 2008 civics test. Applicants who filed the application on or after December 1, 2020 and before March 1, 2021, may have the [...]