Monday, September 30, 2019

EOIR Moves Three Immigration Judges to Broadway Immigration Court

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The EOIR circulated an email regarding the opening of the new Broadway Immigration Court on September 4, 2019 [PDF version]. As an initial matter, three current immigration judges will be moved from the New York City Immigration Court to the new Broadway Immigration Court:

  • Immigration Judge Jesse Christensen
  • Immigration Judge Brigitte Laforest
  • Immigration Judge Aviva Poczter

Immigration Judges Christensen, Laforest, and Poczter will take their original caseloads from the New York City Immigration Court with them to their new assignments. Subsequent filings will be assigned to one of the three New York City immigration courts based on zip code. The Executive Office for Immigration Review (EOIR) states that “around November 3,” the Broadway Immigration Court will expand to house additional immigration judges.

In one additional piece of news, the EOIR will place cases that had been before Immigration Judges Beschta [see blog], Bukszpan, Donnolo, and Conroy back on the docket. These cases have been on hold due to the retirement, death, or transfer of these four immigration judges.

To learn more about the Broadway Immigration Court, please see our initial post on the matter [see blog]. You can see a collection of our posts on new immigration judges in a separate index [see index].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Friday, September 27, 2019

USCIS Proposes $10 H1B Registration Fee

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On September 4, 2019, the United States Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register (FR) which would impose a $10 registration fee on H1B petitioners for each registration submitted for the H1B cap selection process [see 84 FR 46460]. The rule would be codified at 8 C.F.R. 103.7(b)(1)(i)(NNN). The H1B registration rule was codified on January 31, 2019, although it has been suspended for H1B petitions subject to the FY 2020 cap.

The registration fee rule is a proposed rule and is not currently effective. Under the proposed rule, the USCIS would reject or deny H1B cap-subject petitions submitted without the $10 registration fee. Members of the public may submit comments on the proposed rule through October 4, 2019. We will update the website if the USCIS proceeds with publishing a final rule providing for an H1B registration fee.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Thursday, September 26, 2019

New Filing Addresses For Certain Cap-Exempt H1B Petitions

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On September 1, 2019, the United States Citizenship and Immigration Services (USCIS) changed the direct filing addresses for certain petitioners filing Form I-129 cap-exempt H1B petitions [PDF version]. The affected categories of cap-exempt H1B petitions are as follows:

  • Continuing previously approved employment from the same employer;
  • Changing previously approved employment;
  • New concurrent employment;
  • Changing an employer;
  • Changing status to H-1B;
  • Notifying a U.S. consulate, port of entry, or pre-flight inspection; or
  • Amending a petition.

Excluded from the list are H1B petitions filed by cap-exempt petitioners or for cap exempt entities, petitions that are cap-exempt based on a Conrad or Interested Government Agency waiver, and H1B petitions filed in cases where the employer is located in Guam or the petition beneficiary will be performing services in Guam (this also excludes all H1B1, H1B2, and H1B3 petitions).

The proper filing address for am H1B petition depends on the type of petition involved and where the petitioner's primary office is located. Petitioners should ensure, prior to filing Form I-129 for an H1B beneficiary, that they are using the most current filing address. The USCIS advises that beginning on October 1, 2019, it may begin rejecting Form I-129 cap-exempt petitions filed with the wrong address. The USCIS posts and updates the most current filing address information at www.uscis.gov/i-129-addresses.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Reopens Non-Military Deferred Action Cases That Were Pending on August 7, 2019

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On September 2, 2019, the United States Citizenship and Immigration Services (USCIS) reopened non-military deferred action cases that had been pending on August 7, 2019 [PDF version]. On August 7, the USCIS had sent out letters informing requestors that it had stopped considering deferred action for detained non-military requestors. It stated that the individuals whose deferred action requests were denied on August 7 did not have removal orders pending and have not been targeted for removal.

The USCIS is not resuming consideration of non-military deferred action cases generally, noting that the new policy will allow USCIS employees to devote their resources to other types of legal immigration applications more efficiently. Its decision only extends to non-military deferred action cases that were pending on August 7.

Deferred action requests by military members and under DACA were not affected by the August 7 announcement. The USCIS continues to consider those types of deferred action requests.

Those seeking relief from the threat of removal or legal immigration status should consult with an experienced immigration attorney for case-specific guidance.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com