August 04, 2023 - Weekly Immigration News Update

Posted by Keshab R. Seadie | Aug 04, 2023 | 0 Comments

USCIS Completes Second Random Selection from Previously Submitted Registrations for FY2024 H-1B CAP

USCIS has selected 77,600 registrations in the second round of selection for the FY2024 H-1B cap from previously submitted registrations. This will significantly impact those waiting for a chance to file an H-1B cap-subject petition.

ICE Reinstates Mayorkas Enforcement Priorities and Doyle Memo

The ICE has reinstated the Mayorkas Enforcement Priorities and Doyle Memo effective immediately, post a decision by the U.S. Supreme Court last month. This reiteration means ICE will continue prioritizing the removal of noncitizens who pose a threat to national security, public safety, or border security.

Using the New Virtual Verification Option to Update I-9s Prepared during Temporary COVID I-9 Flexibilities

Starting August 1, 2023, qualified employers may conduct a virtual document inspection process to update the affected I-9s created under the temporary policy. 

This doesn't remove the requirement to conduct a second document review but presents a virtual document review option only for certain employers. The standard in-person review is required for those employers not meeting the defined criteria.

Federal Judge Vacates the Asylum Transit Ban

Judge Jon S. Tigar of the U.S. District Court vacated the “Circumvention of Lawful Pathways” final rule due to its violation of the Administrative Procedure Act (APA). The rule had presumed ineligible for asylum noncitizens who entered between ports of entry or failed to apply for protection in a transit country. The order is stayed for 14 days, and the Biden administration is expected to appeal.

Practice Alert: USCIS Confirms that NIW Petitioners Should Use New Version of Form ETA 9089

USCIS has confirmed that for both Schedule A and National Interest Waiver I-140 petitions, petitioners should submit Appendix A (Foreign Worker Information), Appendix C (Supplemental Information), if necessary, and Page 2 of the Final Determination Document, specifically Sections B (Foreign Worker Declaration) and C (Attorney or Agent Declaration)

Food for thought:

Non Immigrant visa holders traveling with DUI


As an H-1B or L-1 visa holder with a pending DUI case, can I encounter any issues or difficulties when returning to the US after traveling abroad?

Short Answer:

Predicting in advance if a prudential revocation has occurred can be challenging. From my understanding, this type of revocation can be triggered by any arrest relating to drugs or alcohol, regardless of whether a conviction has been made. 

A case was brought to my attention in which an individual on an H-1B visa was arrested for DUI/OVI but had the charge dismissed. Despite the dismissal, his visa was prudentially revoked without his knowledge, and he only realized this when attempting to re-enter the U.S.

In situations like these, visa holders will likely need to schedule a Non-Immigrant Visa (NIV) appointment and allot additional time outside the U.S. to complete the required medical examination. It is crucial to consider the potential outcomes, such as being able to return promptly (as was the case in the aforementioned example) or potentially needing to spend a year outside the U.S. before being able to re-enter.

Our firm continues to monitor immigration law updates and their impacts on our clients. Please reach out if you have any questions or require any further information.

Best Regards,

Keshab Raj Seadie
Law Offices of Keshab Raj Seadie, P.C.

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