By Zuzana Geremes, Paralegal On April 9, 2015, USCIS published a draft guidance based on its Administrative Appeal Office’s precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers is required due to a change in the H-1B worker’s worksite location. More specifically, the Simeio decision stated that an amended H-1B petition must be filed under...

Last month, Secretary of Homeland Security Jeh Johnson made a major announcement regarding the U.S. Immigration and Customs Enforcement (ICE) policy of detaining women and children asylum-seekers from Central America in family detention centers in remote parts of Texas and New Mexico. Secretary Johnson announced that detained families who have passed the initial step in the asylum process – showing that they have a credible or reasonable fear of persecution in their home...

By now, most immigration attorneys have been asked whether a particular foreign national client is eligible for health insurance under the Affordable Care Act (ACA), also known as “Obamacare.”   The answer to this question is complicated. Whether a foreign national is eligible for enrollment in a healthcare exchange under the ACA and/or required to obtain basic health insurance coverage requires a detailed analysis and consideration of immigration law, tax law...

In the wake of the pending litigation and injunction in Texas regarding the new deferred action programs for students and parents, a federal judge has ordered USCIS to be in full compliance of an injunction he previously issued. There are thought to be approximately 2,000 employment authorization documents (EAD’s) circulating that are not in compliance. Over the past several weeks, USCIS has been sending notices to DACA recipients who are affected....

US Immigration and Customs Enforcement (ICE) published new guidance in June on the care of transgender adults in immigration detention, in a Memorandum titled "Further Guidance Regarding the Care of Transgender Detainees." The Memorandum provides guidelines in several areas of detainee care, including intake procedures, determining housing placement, medical care, conducting searches, and access to clothing and commissary hygiene products. Notably, the guidance provides that transgender individuals may be assigned housing...

We do a fair number of hardship waivers in our office each year, and I am frequently asked by my clients how to write a good hardship letter. While many attorneys have different styles for putting together a hardship waiver application, most attorneys will agree that the letter is one of the most important pieces of the case. The difficult part about a hardship letter is that the attorney shouldn’t write...

The U.S. Department of State has announced that the worldwide "Visa Freeze" is over, and U.S. Embassies and Consulates around the world are able once again to schedule visa interviews and issue U.S. visas. The State Department expects that the backlog of cases should be cleared by this week. The separate problems with the online fee payment system and the online application for immigrant visas have not been resolved. The State...

Kolko & Associates, P.C. is proud to announce that Senior Associate Attorney Bryon M. Large, Sr. has been reelected to serve on the Board of Governors of the American Immigration Lawyers Association (AILA). AILA is a professional organization of more than 14,000 attorneys and law professors who practice and teach immigration law. The Board of Governors is AILA’s principal governing body and responsible for determining the Association’s policies. The Board is...

The U.S. State Department has announced that due to a computer hardware failure, it is currently unable to issue most immigrant and nonimmigrant visas. The technical problem impacts visas that were approved on or after June 8, 2015. In addition, the State Department announced that due to the technical issue, visa applications filed on or after June 9, 2015 could not be scheduled for interview. Thus, in most cases, people who...

This week, the attorneys from Kolko & Associates, P.C., are off to the annual conference of the American Immigration Lawyers Association (AILA). AILA is a 14,000 member strong association of immigration attorneys from around the world practicing American immigration law. Each year, AILA hosts a major annual conference in a different city. This year's conference is being held in National Harbor, MD, just outside of Washington, D.C. The AILA Annual Conference...

On June 1, 2015, Department of Homeland Security (DHS) Secretary Jeh Johnson announced the extension of the Temporary Protected Status (TPS) designation for Somalia for a period of 18 months, beginning September 18, 2015 and extending through March 17, 2017. Somali nationals (and eligible individuals without nationality who last resided in Somalia) previously granted TPS and who continue to meet the eligibility requirements for TPS may re-register during the 60-day period...

The Transactional Records Access Clearinghouse (TRAC) recently reported that the backlog for the immigration courts grew to an astounding 445,607 as of April 30, 2015, nationwide. The backlog appears to be the result of a changed focus for the courts to hearing cases involving recent arrivals and unaccompanied minors. Representing 15.7% of the docket, unaccompanied minors cases appear to be moving quickly as there were just over 700 fewer cases at...

The Colorado Department of Revenue announced earlier this month an expansion of the driver license program under the Colorado Road Community Safety Act. Beginning June 1, the Colorado Springs and Grand Junction offices will resume appointments to issue licenses for those unable to demonstrate lawful presence in the United States. The program had previously been dramatically scaled down under political pressure and budget cuts in the state legislature. Applicants must schedule...

Today, the Fifth Circuit Court of Appeals announced a decision to maintain the hold in place on the current DAPA program, pending litigation in Texas. This spring, Texas and various other states sued to keep this program from happening, alleging that it would economically harm those states. A federal judge in Texas agreed, and halted the program until a full hearing could take place on the program. Attorneys for the Department...

On May 26, 2015, USCIS will begin accepting applications for employment authorization (Form I-765) for certain spouses of H-1B foreign national workers. The H-1B foreign worker must 1) be in valid H-1B status in the United States and 2) must also be the beneficiary of an approved I-140 immigrant visa petition for an alien worker. If the principal H-1B holder meets both of these requirements, his or her spouse who is...

Attorneys and clients alike are experiencing frustration with the processing times of cases at the local USCIS office.  On April 13, 2015, the Denver Field Office issued a processing time report, which is essentially a snapshot of the cases they were working with on February 28, 2015.  On that date, the local office was processing I-485 Applications for Adjustment of Status that were filed on June 8, 2014, which represents a...

We are patiently and optimistically waiting for the Fifth Circuit Court of Appeals to make a decision on whether to allow the Department of Homeland Security to implement the DAPA and expanded DACA programs while the Courts decide whether the DAPA and DACA programs themselves are legal. On November 20, 2014, President Obama announced that his administration would implement a Deferred Action program for Parents of American Citizens and Residents (DAPA)...

The American Immigration Lawyers Association (AILA) has selected several of our attorneys to participate on national committees related to the practice of immigration law. It is an honor for our Firm to have nationally-known attorneys be recognized for their work and selected as leaders in the community. Managing Partner David Kolko has been asked to join the USCIS Field Operations Liaison Committee. The committee operates as a liaison between AILA and...

Today, USCIS announced some limited relief for Nepali citizens in the United States, in the wake of last week’s devastating earthquake.  While the agency stopped short of granting Temporary Protected Status, otherwise known as TPS, the agency did provide an array of temporary immigration relief for some Nepalese citizens. Among the protections announced, USCIS can grant the following: Change of status or extension of status, even if the applicant is currently...

In July of 2014, as a response to the so-called “surge” of foreign nationals arriving at the southern border, the U.S. Department of Justice (DOJ) issued a directive instructing all U.S. Immigration Courts to prioritize the following removal cases: 1) recently arrived unaccompanied children 2) recently arrived families with children released on an Alternative to Detention program; 3) detained families with children; 4) other detained foreign nationals in removal proceedings. For...