Hunton Immigration Law Blog

Information on US Immigration Law Relevant to Employers & Employees

The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here. Below is a summary of the September Visa Bulletin, including Final Action Dates and changes from the previous month: China: EB-1 remains stalled at January 1, 2012, EB-2 retrogresses to January 1, 2013, and EB-3…
The New York Times features Suzan Kern in an interview with María, a woman who was sexually assaulted by a Corrections Corporation of America guard while under the custody of ICE, following her release on bond from the Hutto detention center in Texas. CCA violated the terms of its contract with ICE, which mandated that female detainees be transferred with at least one female guard. Instead, CCA’s male guard, Donald Dunn, who assaulted María, transported…
On June 28, 2018, U.S. Citizenship and Immigration Services issued a policy memo telling adjudicators when they are required to issue Notices To Appear after denying or while processing a petition or application for benefits.  The NTA is the charging document that, once filed with the Executive Office for Immigration Review (a branch of the U.S. Department of Justice), puts an individual into formal removal proceedings before an immigration judge. Except in certain, very limited…
U.S. Citizenship & Immigration Services (“USCIS”) announced today that it has now completed returning all petitions that were not selected in the Fiscal Year 2019 H-1B lottery.  Employers who filed petitions should now have received either a Form I-797 receipt notice with assigned receipt number, or the original rejected petition including filing fees.  USCIS will take inquiries if employers believe they filed during the required period – April 2 to April 6, 2018 – and…
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here. Below is a summary of the August Visa Bulletin, including Final Action Dates and changes from the previous month: China: EB-1 remains backlogged to January 1, 2012, EB-2 moves forward – advancing two months to…
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here. Below is a summary of the July Visa Bulletin, including Final Action Dates and changes from the previous month: China: EB-1 remains backlogged to January 1, 2012, EB-2 jumps ahead four months to January 1,…
In a closely watched asylum appeal, Attorney General Jeff Sessions has issued a decision that will adversely affect the ability of victims of domestic and gang violence to find protection in the United States. Matter of A-B- was originally decided, in December 2016, in favor of the asylum seeker by the Board of Immigration Appeals.  The BIA is an administrative branch of the US Department of Justice.  It accepts appeals, filed by either government attorneys…
The Associated Press is reporting that US embassies and consulates around the globe have been instructed to limit the validity period of F-1 visas issued to Chinese graduate students studying in fields such as robotics, aviation and high-tech manufacturing. The new policy requires that visas issued to such students are only valid for one year, where Chinese students are normally issued visas valid for up to five years. The policy is reportedly taking effect on…
On May 18, 2018, after receiving a notice from the Government of Ecuador terminating that country’s bilateral investment treaty with the United States, the U.S. Department of State’s Office of Trade Representative announced the termination in the Federal Register.  The treaty has been in force since 1997.…
The Department of Homeland Security (DHS) announced that because the conditions in Nepal no longer support its designation for Temporary Protected Status (TPS), the designation set to expire on July 24, 2018, will now terminate on June 24, 2019.  TPS allows qualifying persons inside the United States to remain and work lawfully in the United States until conditions in their home countries improve following civil war, natural disaster or similar extraordinary situations.  The final year…