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US Immigration Law Archives

A second chance for late DACA applications

In what is likely to be heralded as good news in many sectors of Arizona, hundreds of DACA renewal applicants that were said to have missed the October 5th deadline will have the chance to reapply. It came to light that many did, in fact, submit their applications on time, but unexplained Postal Service slowdowns caused their applications to arrive after the deadline.

Central American immigrants may be forced to leave US

Arizona residents may have heard that the United States is ending the special status currently given to 5,300 people of Nicaraguan origin. This protection is set to end in January 2019 according to the Trump administration. Another 86,000 Honduran residents who receive protection under the Temporary Protected Status will continue under that program until July 2018. However, there is no guarantee that the program will be extended after that.

Immigration rules tighten for military

Some immigrants who live in Arizona, as well as the rest of the country, volunteer for military service. For many, the military provides both career opportunities as well as a path to US citizenship. However, there are changes afoot that will affect immigrant service members and potential service members.

Criteria for EB-1-B to enter the U.S. for a research job

A private research company or university in Arizona that wishes to employ a noncitizen within the country could prepare a EB-1-B application. Only a potential employer can initiate this process. The proposed position cannot be temporary; it must be permanent or tenure track. The U.S. Citizens and Immigration Services reviews this application before granting a researcher or professor a priority worker immigrant visa. To gain approval, an applicant's credentials must be outstanding and meet a minimum of two out of six requirements.

USCIS challenging far more H1-B visa applications under Trump

Immigration was a hot-button issue during the 2016 presidential election campaign, and this was especially true in border states like Arizona. Donald Trump vowed to tighten immigration laws and deport illegal aliens if elected, and data from the U.S. Citizenship and Immigration Services reveals that his administration has taken steps to make securing H1-B visas more difficult for foreign workers. Between January and August, the number of H1-B visa applications rose by only 3 percent compared with the same period in 2016. However, the 85,000 challenges to these applications issued by USCIS represents a 45 percent increase over the number issued a year ago under the Obama administration.

Why applying for citizenship may be easier said than done

The decision by President Trump to rescind DACA may result in young Arizona residents being deported. These children are referred to as "dreamers", and some wonder why they don't try to apply for citizenship. However, the process of becoming a citizen first requires an individual to obtain permanent resident status. In some cases, this process can take up to 25 years to complete.

Future of DACA remains uncertain under Trump administration

Undocumented immigrants in Arizona and other states who entered the United States as children may be interested in knowing more about a pending presidential decision regarding the future of the Deferred Action for Childhood Arrivals program. President Trump, who must announce his decision before Sept. 5, is considering ending the policy, according to multiple news sources. However, one senior administration official cautions that the president could change his mind.

H-1B program helpful to the U.S.

Arizona residents may be interested to know that the H-1B visa has provided economic benefits for both India and the United States. This was the finding of a study conducted by both the University of Michigan and the Center for Global Development. Although researchers noted that the visa could have negative results for some, American workers earned an additional $431 million in 2010 because of the program.

Program allowing expedited H1-B status reinstated

On July 24, the federal government reinstated a program that allows some employers in Arizona and throughout the country to gain faster H-1B visa consideration. Employers must not be subject to the annual visa cap in addition to paying a fee of $1,225. The premium program had been suspended by the U.S. Citizenship and Immigration Services in March 2017. Hospitals and non-profits are generally exempt from the annual H-1B visa cap.

More seasonal temporary labor visas to be issued

Despite rhetoric to the contrary, additional visas are being made available for more temporary foreign workers to come to Arizona and elsewhere in the United States on a seasonal basis. While President Donald Trump has become known for his harsh stance on immigration, he has made use of the same visa program to staff his own hotels and resorts.

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