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San Francisco Bay Area Immigration Blog

As Expected, DHS Terminates Haiti’s TPS

On November 20, 2017, the Department of Homeland Security (“DHS”) announced that it will terminate the Temporary Protected Status (TPS) designation for Haiti, effective July 22, 2019. Haitians living in the United States under TPS have 18 months to seek lawful immigration status in the United States, if eligible, or leave the country.  The announcement

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Trump Makes It Harder to Get F-1 Student Visas

In August, the Department of State (DOS) changed the existing guidance in its Foreign Affairs Manual (FAM) to make it harder for applicants to obtain F-1 student visas. The manual now contains stricter language directing consular officers abroad to assess the F-1 visa applicant’s plans regarding departure from the United States upon completion of his

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What DACA Holders Need to Know About President Trump’s DACA Phase Out

On September 5, 2017, President Trump directed DHS and USCIS to phase out President Obama’s Deferred Action for Childhood Arrivals (DACA) policy.  Since 2012, certain immigrants who entered the United States illegally as minors and meet other requirements have been given a renewable two-year period of deferred action from deportation and have been given employment

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Premium Processing Resumes for Cap-Exempt H-1B Petitions

USCIS announced it would immediately resume premium processing for some cap-exempt H-1B petitions starting July 24, 2017. Premium processing for most H-1B petitions is still suspended, however. The H-1B petitions which can be filed with premium processing include only those filed by: An institution of higher education; A nonprofit affiliated with or related to an

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New Form I-9 Now Available, Becomes Mandatory September 18

U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification, on July 17, 2017.  Form I-9 is used to verify the identity and employment authorization for all individuals, citizens and noncitizens, hired for employment in the United States.  The form requires an employee to attest to his or her

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Trump Delays Parole for Entrepreneurs

The International Entrepreneur Final Rule, which would allow promising foreign start-up founders who meet certain criteria to grow their companies within the United States, was set to take effect next week on July 17, 2017.  Instead, the Department of Homeland Security (DHS) has abruptly halted the rule’s implementation, delaying the effective date of the law

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Haiti’s TPS Designation Extended For Only 6 Months

Since a 7.0 magnitude earthquake devastated Haiti in 2010, the United States has allowed Haitian nationals to live and work in the country legally under a temporary immigration status called Temporary Protected Status (“TPS”).   TPS is a form of humanitarian relief that the U.S. government can grant to foreign nationals present in the United

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Heightened Screening and Vetting Could Mean More Visa Delays and Denials

On March 17, 2017, Secretary of State Rex Tillerson issued a diplomatic cable instructing consular officials around the world to immediately increase the screening of applicants for all types of visas to the United States. The cable is the first step in implementing President Trump’s “Presidential Memorandum on Implementing Heightened Screening and Vetting of Applications

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