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Effective January 26, 2021 - negative COVID-19 test required for all individuals entering USA from abroad

Coronavirus-test
On January 21, 2021, President Biden issued an Executive Order, Promoting COVID-19 Safety in Domestic and International Travel, requiring international travelers to present a negative COVID-19 test in order to enter the United States. This order takes effect on January 26, 2021. Consistent with President Biden’s Executive Order, the Center for Disease Control & Prevention (CDC) published an order in the Federal Register specifying that international travelers must produce a negative...
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391 Hits

PRESIDENT BIDEN ISSUES 100 DAY MORATORIUM ON DEPORTATIONS

DHS-Seal
On the first day of his Presidency, the Biden Administration announced a temporary, 100-day pause on deportations/removals of foreign nationals from the United States in order for the Department of Homeland Security (DHS) to complete a comprehensive review and reset of its immigration enforcement priorities and policies. 100 Day Pause on Deportations Starting on January 22, 2021, DHS will pause removals for certain noncitizens who have removal orders entered against them....
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  304 Hits
304 Hits

Trump issues entry ban for certain non-immigrant visas, extends immigrant visa ban

Trump issues entry ban for certain non-immigrant visas, extends immigrant visa ban
Yesterday, June 22, 2020, President Trump issued a new Presidential Proclamation, “Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The proclamation bans the issuance of H-1B, H-2B, H-4, J-1, J-2, L-1 and L-2 non-immigrant visas and extends the bar on the issuance of certain categories of immigrant visas through December 31, 2020. The proclamation takes effect on June 24, 2020 at 12:01...
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1961 Hits

DACA continues! Supreme Court holds Trump Administration termination of DACA is unlawful

DACA continues! Supreme Court holds Trump Administration termination of DACA is unlawful
On June 18, 2020, the U.S. Supreme Court issued its decision in Department of Homeland Security v. Regents of the University of California, et. al. In a 5 to 4 decision, Chief Justice Roberts delivered the majority opinion of the Court, holding that when the Department of Homeland Security (DHS) announced the termination of the Deferred Action for Childhood Arrivals (DACA) program in September 2017, it failed to consider all relevant...
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1474 Hits

Possible Executive Order Suspending Entry of Nonimmigrants, including H-1B, H-2B, L-1 and J-1

Possible Executive Order Suspending Entry of Nonimmigrants, including H-1B, H-2B, L-1 and J-1
Through our colleagues at the American Immigration Lawyers Association (AILA), we have learned of a possible extension and expansion of President Trump’s April 22, 2020 Presidential Proclamation 10014, “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” On April 22, 2020, President Trump issued a Presidential Proclamation suspending the issuance of immigrant visas for certain categories of intending immigrants (lawful...
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1250 Hits

USCIS Denver Field Office Reopens for Naturalization Interviews

USCIS Denver Field Office Reopens for Naturalization Interviews
On March 18, 2020, the U.S. Citizenship and Immigration Services (USCIS) closed its Field Offices for in-person services due to COVID-19. This has resulted in processing delays for applicants with pending applications for adjustment of status (lawful permanent residency / “green card”) and naturalization (U.S. citizenship) which require in-person interviews. In early June, USCIS Field Offices around the United States began reopening for limited services including “drive-up” naturalization oath ceremonies. The...
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2798 Hits

Kolko & Casey is here to assist during the COVID-19 Health Crisis

Kolko & Casey is here to assist during the COVID-19 Health Crisis
Dear Kolko & Casey clients, friends and community: During these difficult and unpredictable times, we wanted to reach out and let you know that we are here. We remain dedicated to our Firm’s mission to contribute to the enhancement of the United States by providing creative and high-quality immigration legal services to families, businesses and individuals, with a commitment to superior customer service and communication in a collegial and supportive environment....
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1094 Hits

UPDATE on Kolko & Casey Operations during COVID19 Health Crisis

UPDATE on Kolko & Casey Operations during COVID19 Health Crisis
To our clients, employees, friends, vendors, staff, families and community: Kolko and Casey, P.C. would like you to know that we are doing our very best to stay vigilant and pro-active in order to keep all of us as safe as possible during this unprecedented COVID-19 health emergency. The health and safety of our clients, employees and families is our most important priority. We will continue to follow recommended hygiene protocols,...
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886 Hits

New Health Insurance Requirements for Immigrant Visa Applicants

New Health Insurance Requirements for Immigrant Visa Applicants
On October 4, 2019, President Trump issued a “Presidential Proclamation on Health Care,” declaring that all people applying for immigrant visas to the United States (processed at U.S. consulates abroad) must demonstrate that they either will be covered by approved health insurance within 30 days of entry or have the financial resources to pay for reasonably foreseeable medical costs. The failure to demonstrate this requirement will result in the denial of...
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1496 Hits

Increasing uncertainty and unpredictability in H-1B adjudications

Increasing uncertainty and unpredictability in H-1B adjudications
Last week, the U.S. Citizenship and Immigration Services (USCIS) received 201,011 H-1B petitions subject to the annual cap for Fiscal Year (FY) 2020. The Agency confirmed that on April 10, 2019, it completed its computer-generated selection process to select sufficient H-1B petitions to meet both the regular cap of 65,000 petitions and the advanced degree (master’s) cap of 20,000 petitions. In light of these numbers, employers have just over a 40%...
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  1612 Hits
1612 Hits

Strike! Rights and responsibilities of H-1B employers and employees during a labor strike

Strike! Rights and responsibilities of H-1B employers and employees during a labor strike
In the event of a labor strike, it is important that both H-1B employees and employers understand their respective rights and responsibilities. Rights of H-1B Employees Generally speaking, in order to maintain valid H-1B status in the United States, an H-1B employee is required to remain employed with her H-1B employer, under the terms set forth in the H-1B petition. In the absence of a strike, a failure to remain employed...
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5372 Hits

Lawsuit Challenges Power of Immigration Judges to Hear Cases Due to Unlawful Designation of their Delegating Authority: Acting Attorney General Matthew Whitaker

Lawsuit Challenges Power of  Immigration Judges to Hear Cases Due to Unlawful Designation of their Delegating Authority: Acting Attorney General Matthew Whitaker
On December 4, 2018, Mr. Carlos Rojo-Ramirez, of Colorado, through his attorneys David. L. Kolko and Jennifer Casey (Kolko & Associates, P.C.), challenged President Trump’s unlawful designation of Matthew G. Whitaker as Acting Attorney General of the United States. In Rojo-Ramirez v. Trump, et. al., (18-cv-03125), filed in the U.S. District Court for the District of Colorado, Mr. Rojo-Ramirez asserted that U.S. Immigration Judges are temporarily operating without any legal authority...
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  3946 Hits
3946 Hits

Submit DACA Renewal Applications Now

Submit DACA Renewal Applications Now
Due to a Federal Court Order directing the U.S. Citizenship and Immigration Service (USCIS) to resume accepting renewal applications for Deferred Action for Childhood Arrivals (DACA), individuals currently holding DACA and people whose DACA expired on or after September 5, 2016 are encouraged to submit DACA renewal applications to USCIS immediately. It is widely known that on September 5, 2017, President Trump terminated the DACA Program. (See DHS Rescinds the DACA Program)....
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3776 Hits

Federal Judge orders DHS to resume processing DACA renewal applications for all current and prior DACA recipients

Federal Judge orders DHS to resume processing DACA renewal applications for all current and prior DACA recipients
On January 9, 2018, Federal Court Judge William Alsup from the Federal District Court in San Francisco, California ordered the Department of Homeland Security (DHS) to resume processing applications for renewal of Deferred Action for Childhood Arrivals (DACA) while an on-going legal challenge to the Trump Administration’s rescission of the DACA program is resolved. Judge Alsup’s order applies nationwide to all current/prior DACA holders. In June 2012, the Obama Administration announced...
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  2545 Hits
2545 Hits

Trump Administration ends TPS for Haitians, ominous signs for other foreign nationals on TPS

Trump Administration ends TPS for Haitians, ominous signs for other foreign nationals on TPS
On November 20, 2017, the Department of Homeland Security (DHS) Acting Secretary, Elaine Duke announced it would end Temporary Protected Status (TPS) for Haiti. Haiti is the third country to have TPS terminated under the Trump Administration, following announcements to terminate TPS for Sudan and Nicaragua in September and November 2017. TPS was established by Congress in 1990 as a way to provide humanitarian relief to foreign nationals already residing in...
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1321 Hits

Unofficial reports that President Trump will end DACA program in 6 months

Unofficial reports that President Trump will end DACA program in 6 months
On Sunday, September 03, 2017, Politico.com reported that the White House has “unofficially confirmed” that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA) program, with a six-month delay. As of today, it is unclear whether this reported decision to end the DACA program is confirmed. ' Also unclear is the timeline and terms for termination of the program. Another major open question is whether those with DACA...
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  1884 Hits
1884 Hits

USCIS announces in-person interview requirements for employment-based lawful permanent residence applications, refugee/asylee relative petitions

USCIS announces in-person interview requirements for employment-based lawful permanent residence applications, refugee/asylee relative petitions
The U.S. Citizenship and Immigration Service (USCIS) has announced that starting on October 1, 2017, it will begin “phasing-in” mandatory in-person interviews on employment based applications for adjustment of status to lawful permanent residence (Form I-485) and petitions for relatives of asylees or refugees (Form I-730). The USCIS announced it will also begin incremental expansion of interviews for other type of applications for immigration benefits. The USCIS announcement is a significant...
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2416 Hits

USCIS Resumes Premium Processing of H-1B Petitions for Cap-Exempt Employers

USCIS Resumes Premium Processing of H-1B Petitions for Cap-Exempt Employers
On July 24, 2017, the U.S. Citizenship and Immigration Service (USCIS)  announced that it would resume Premium Processing of H-1B petitions for employers who are exempt from the annual H-1B Cap. This comes as very welcome news to employers who are struggling to fill critical specialty occupation positions within their organizations in a timely fashion. The H-1B visa program allows U.S. workers to sponsor qualified professional foreign nationals for employment in...
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  1652 Hits
1652 Hits

USCIS updates Federal Form I-9; New Form mandatory starting September 18, 2017

USCIS updates Federal Form I-9; New Form mandatory starting September 18, 2017
On July 17, 2017, the Department of Homeland Security (DHS) updated Federal Form I-9 Employment Eligibility Verification Form. Between July 17, 2017 and September 17, 2017, U.S. employers may use either the Form I-9 version date November 14, 2017 or version date July 17, 2017 for their newly hired employees. However, starting on September 18, 2017, all U.S. employers are required to complete Form I-9 version date July 17, 2017 for...
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1705 Hits

H-1B Cap Lottery Selection is Complete for FY 2018 Petitions

H-1B Cap Lottery Selection is Complete for FY 2018 Petitions
On May 3, 2017, the United States Citizenship and Immigration Service (USCIS) announced that it has completed the lottery for all cap-subject H-1B petitions submitted for the Fiscal Year 2018 Cap. The annual limit for H-1B visas is 65,000 for foreign nationals holding a Bachelor’s Degree and an additional 20,000 for those holding a U.S. Master’s Degree. Between April 3, 2017 and April 7, 2017, USCIS received more than 199,000 H-1B...
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  1643 Hits
1643 Hits

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Kolko & Casey, P.C. is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, and Portuguese and we can arrange for translators in any other language.