#uscis

Estos son los casos que sí podrían tener entrevista para pedir asilo en USA La Oficina de Ciudadanía y Servicios de Inmigración (USCIS) implementó una nueva directiva que modifica el proceso de asilo en Estados Unidos. Esta medida, impulsada por el gobierno de Donald Trump, permite a USCIS omitir la entrevista presencial inicial en ciertos casos y derivar directamente las solicitudes a la Oficina Ejecutiva de Revisión de Inmigración (EOIR) para una decisión judicial. La norma afecta a más de 440 mil trámites de asilo afirmativo, lo que podría acelerar el proceso de deportación sin que el solicitante presente su testimonio previamente. El sistema de asilo estadounidense clasifica las solicitudes en dos categorías: las defensivas, para quienes ya enfrentan un proceso de expulsión ante un juez, y las afirmativas, para personas que no están en deportación. Con la nueva política, si el expediente escrito no demuestra elegibilidad inicial, USCIS podrá omitir la cita presencial y remitir el caso directamente a la EOIR. Casos que sí tendrán entrevista La norma establece que USCIS otorgará citas de entrevista presencial solo a los expedientes que requieran aclaraciones verbales o pruebas adicionales, siempre que cumplan con los criterios de elegibilidad desde la entrega inicial del trámite. Especialistas en derecho migratorio detallaron los requisitos para mantener la entrevista: Presentados dentro del plazo legal: Las solicitudes presentadas dentro del primer año que exige la ley y con documentación de soporte completa continuarán su trámite en USCIS. Procesos con evidencias sólidas: Los expedientes bien armados, con pruebas, declaración escrita y noticias del país de origen, mantendrán su turno para ser llamados a la oficina de migración.#donald_trump #dhs #uscis #eoir #kathia_quirs

Indian Diaspora Group Urges US to Halt 4-Year Student Visa Cap, Warns of Impact on Researchers The Foundation for India and Indian Diaspora Studies (Fiids), an advocacy group representing the Indian diaspora, has called on the US Congress and Citizenship and Immigration Services (USCIS) to pause a new policy that imposes a four-year limit on F-1 student and J-1 exchange visitor visas. The group argues that the rule, set to take effect on September 15, could disrupt the academic and research trajectories of thousands of international students, including a significant number of Indian nationals studying in the United States. The policy, introduced by the Department of Homeland Security (DHS) on July 17, replaces the previous “Duration of Status” system, which allowed students to remain in the US as long as they maintained valid academic status and met university requirements. Under the new framework, students must now apply for extensions after four years if they require additional time to complete their programs. Fiids contends that this approach fails to account for the realities of advanced education, particularly in research-intensive fields where degrees often extend beyond four years. For instance, bachelor’s degrees typically take around 52 months, while PhD programs can span nearly 5.7 years. The group emphasized that the policy could disproportionately affect Indian students, who constitute one of the largest international student communities in the US. Fiids warned that the requirement to seek extensions midway through academic programs could create uncertainty for researchers, universities, and technology companies.#department_of_homeland_security #markwayne_mullin #uscis #us_congress #foundation_for_india_and_indian_diaspora_studies

DHS could weigh immigrants' use of Medicaid, food and housing help in green card decisions The Department of Homeland Security is set to reverse a 2022 Biden-era policy that restricted how immigration officers evaluate applicants for green cards, allowing them to consider the use of taxpayer-funded benefits such as Medicaid, food stamps, and housing assistance. This shift, part of the Trump administration’s broader approach to immigration, aims to expand the scope of the “public charge” test—a legal standard used to assess whether applicants are likely to rely on government support. The change could subject hundreds of thousands of green card applicants to heightened scrutiny each year, potentially deterring immigrants from accessing essential services for fear of jeopardizing their immigration status. Under the new rule, immigration officers will conduct case-by-case reviews of applicants, factoring in factors such as age, health, family status, financial resources, education, and whether the applicant has received means-tested benefits. This contrasts with the 2022 Biden rule, which limited the benefits considered to primarily cash welfare payments and long-term institutional care. The Trump administration’s reversal restores a broader interpretation of the public charge test, which was previously applied during the first Trump administration. USCIS Director Joseph B. Edlow emphasized the policy’s focus on “self-reliance” and protecting public resources, stating that immigrants must be able to support themselves financially. The policy change is expected to affect noncitizens applying for permanent residency within the U.S., as well as those seeking admission as immigrants or nonimmigrants, unless they fall into exempt categories.#department_of_homeland_security #immigration_policy #uscis #joseph_b_edlow #public_charge_test

Federal Judge Rules Trump's Immigration Policies Unlawful, Blocking Asylum and Green Card Processing for 39 Countries A federal judge in Providence, Rhode Island, ruled on Friday that the Trump administration’s policies targeting immigrants from 39 countries subject to travel bans were unlawful, effectively halting the processing of asylum, work permits, green cards, and citizenship applications for individuals from those nations. Chief U.S. District Judge John McConnell, appointed by former President Barack Obama, issued the decision in a lawsuit filed by a coalition of immigrant service organizations and labor unions. The case challenged a series of measures adopted by U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), starting in November 2023. These policies, aligned with Trump’s broader anti-immigration agenda, placed a hold on immigration benefit applications from people in the 39 countries, which include nations across Africa, Asia, Latin America, and the Middle East. The ruling came on the same day the U.S. Senate passed legislation to fund Trump’s controversial immigration crackdown, highlighting the political and legal tensions surrounding the policies. McConnell’s decision emphasized that the policies created “indeterminate legal limbo” for immigrants living in the U.S., as they were denied decisions on their applications despite adhering to legal procedures. The judge argued that USCIS’s actions were not based on any wrongdoing by the applicants but rather on their birthplace, which he deemed an unconstitutional overreach. “USCIS’s hold on adjudications cannot be attributed to anything that these individuals did wrong; rather, it arises solely by the happenstance of their birth,” the judge wrote.#trump_administration #federal_judge #department_of_homeland_security #uscis #john_mcconnell

Trump's New Green Card Plan Isn't Designed to Keep Immigrants Here The Trump administration announced a new policy Friday that will significantly complicate the path for immigrants seeking permanent residency in the United States. Under the proposed changes, except in extraordinary circumstances, individuals applying for green cards must first return to their home countries to apply at U.S. consular offices abroad. This shift marks a departure from the longstanding practice of allowing immigrants already living in the U.S. on visas to pursue permanent residency through “adjustment of status.” USCIS spokesperson Zach Kahler framed the policy as a move toward “fairness and efficiency,” but critics argue it is fundamentally exclusionary. Former USCIS official Doug Rand, in a statement, directly called the policy’s purpose “exclusion,” noting that it aligns with Trump’s existing ban on entry for people from over 100 countries. Rand emphasized that forcing applicants to return home for consular processing effectively removes a viable pathway to residency. The green card process, already known for its length, cost, and complexity, will become even more burdensome under this new rule. According to Department of Homeland Security data, the U.S. issued approximately 1.4 million green cards in 2024, with over 820,000 granted to applicants already residing in the country through adjustment of status. This group includes spouses, children of U.S. citizens, and skilled professionals securing residency through employers. The policy’s reversal of this process risks destabilizing families and disrupting lives. For many applicants, the requirement to return home introduces new challenges. Unreliable transportation to remote embassies, limited access to legal support, and the absence of the U.S.#trump_administration #department_of_homeland_security #uscis #zach_kahler #doug_rand

Major H-1B Visa Changes Take Effect April 1 The U.S. Citizenship and Immigration Services (USCIS) is implementing significant reforms to the H-1B visa program starting April 1, introducing a new wage-focused system that alters how petitions are filed, reviewed, and selected. These changes aim to address longstanding criticisms of the program’s randomness and potential abuse, shifting focus toward job quality, wage levels, and employer accountability. A key update is the requirement for all H-1B petitions to use the newly revised Form I-129. Petitions submitted with older versions of the form will be rejected outright. Immigration attorney Steven A. Brown, of Reddy Neumann Brown PC, highlighted that the revised form is part of a broader transformation, emphasizing the need for precision in wage-related disclosures. Employers must now provide detailed information about job requirements, including education, experience, supervisory duties, and specialized skills, directly on the petition. The changes also introduce a wage-weighted lottery system, where an applicant’s chances of selection are tied to the Department of Labor’s (DOL) wage level assigned to the role. Higher-wage positions carry better odds, making accurate wage classification critical. Brown noted that employers can no longer afford guesswork or inconsistencies, as the new system demands strict alignment between job requirements and wage levels. Job requirements now play a central role in determining prevailing wage levels. The DOL uses these criteria to set wage standards, and USCIS will compare details from registration forms, Labor Condition Applications (LCAs), and petitions to ensure consistency. A role requiring a bachelor’s degree and two years of experience must be classified based on these criteria, regardless of the candidate’s qualifications.#uscis #form_i129 #steven_a_brown #dol #reddy_neumann_brown_pc

H-1B Lottery 2027 Update: Immigration Lawyers Predict Registration Numbers to Reach Around 200,000 Immigration attorneys Rahul Reddy and Emily Neumann have predicted that the total number of H-1B cap registrations for fiscal year 2027 will drop to approximately 200,000, marking a significant decline from previous years. This projection comes amid a trend of decreasing registrations, with figures falling to 780,884 in 2024, 479,943 in 2025, and 358,737 in 2026. The attorneys attribute this decline to the $100,000 fee imposed on employers for H-1B petitions, which has discouraged many companies from participating in the registration process. The wage-based selection process, a new policy implemented for the first time in 2027, is expected to influence the lottery outcome but not the total number of registrations. While the fee has had a more direct impact on participation, the wage-based system aims to prioritize candidates with higher salaries, potentially altering the demographic of applicants. However, immigration lawyers suggest that the number of registrations will remain within the range of 200,000 to 250,000 for the current fiscal year. The H-1B registration period for FY 2027 ran from March 4 to March 19, during which employers submitted electronic registrations for candidates they intended to hire. It is important to note that this step does not constitute a formal petition but rather a preliminary registration. Employers who select candidates not already in the U.S. will face a $100,000 fee, whereas those hiring candidates already in the U.S. on Optional Practical Training (OPT) visas will not incur the cost. Results from the lottery are expected by March 31, with employers receiving notifications directly from U.S. Citizenship and Immigration Services (USCIS).#rahul_reddy #emily_neumann #uscis #h1b_lottery #wage_based_selection