Welcome to the Immigration section of our webpage. This front page will reflect our most current information on immigration law affecting educational institutions.
March 31, 2017 Policy Memorandum Rescinding the December 22, 2000 Guidance memo on H-1B computer related positions.
Computer programmer positions will no longer automatically be classified as *specialty occupations*. Effective immediately.
Temporary Suspension of H-1B premium Processing (announced by USCIS)
ACE summary of revised Travel Ban (3-9-17)
Washington v. Trump, Order: Case No. 17-3515, (C.A. 9) Feb. 9, 2017
A per curiam opinion which in essence keeps the borders open for those banned by the current administration. In part the court stated:
Instead, the Government has taken the position that the President’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections. The Government indeed asserts that it violates separation of powers for the judiciary to entertain a constitutional challenge to executive actions such as this one. There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy.
By contrast, the States have offered ample evidence that if the Executive Order were reinstated even temporarily, it would substantially injure the States and multiple “other parties interested in the proceeding.” Nken, 556 U.S. at 434 (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). When the Executive Order was in effect, the States contend that the travel prohibitions harmed the States’ university employees and students, separated families, and stranded the States’ residents abroad. These are substantial injuries and even irreparable harms. See Melendres v. Arpaio, 695 F.3d 990, 1002 (9th Cir. 2012) (“It is well established that the deprivation of constitutional rights ‘unquestionably constitutes irreparable injury.’” (quoting Elrod v. Burns, 427 U.S. 347, 373 (1976))).
Immigration Ban and Related Court Cases: Great resource, all cases by circuit, with supporting materials.
NAFSA Resource Page On Travel Advisory for Nationals of Certain Countries Pursuant to Executive Order, Jan. 29, 2017
USCIS fees will increase for applications postmarked on or after Dec. 23, 2016. These are the fees that will be increased:
Form Old ($) New ($) I-129 (H-1B, L-1, O-1, etc.) 325 460 I-539 (H-4, L-2, O-3, etc.) 290 370 I-140 (immigrant petition) 580 700 I-485 Adjustment of Status 985 + 85 (bio fee) 1140 + 85 (bio fee) I-485 (child) 635 750 I-131 (adv parole, reentry prmt) 360 575 I-765 (EAD work authorization) 380 410 N-400 (citizenship) 595 + 85 (bio fee) 640 + 85 (bio fee) Premium Processing Fee 1225 1225
Premium processing for I-485 (Adjustment of Status) applications will still not be available after the fee increase.
Courtesy of Attorney Russell C. Ford, of FordMurray.