Weekly Live Stream with Attorneys Jacob Sapochnick and Marie Puertollano: F1 Accrual of Unlawful Presence, DACA, NIWs, Administrative Closure, E-2 for Israel, and More!

In this video, attorneys Jacob Sapochnick and Marie Puertollano discuss recent immigration updates regarding the calculation of unlawful presence for F-1 international students and other topics.


Memorandum Policy Updates for F-1 Students

Per a new policy memorandum released by USCIS, if you are a student who is out of status, you will begin to accrue unlawful presence on August 9th. Students have at least 5 months to file a reinstatement to avoid falling out of status and accruing unlawful presence.

What is happening with DACA?

On August 3, 2018, a federal judge from the United States District Court for the District of Columbia upheld a decision from the lower courts, ordering the complete restoration of the Deferred Action for Childhood Arrivals (DACA) program. This new ruling gives the Trump administration a 20-day deadline to either implement the complete restoration of the DACA program or file an appeal. The Trump administration plans to appeal the decision. In a separate lawsuit filed by Texas and other states, a judge will hear arguments challenging the restoration of the DACA program. A decision in that case has not yet been made. We will notify our readers once a decision has been made.

For the moment, DACA holders may continue to seek a renewal of their DACA benefits, but new requests for DACA will not be accepted.

Matter of Castro BIA Decision

The attorney general Jeff Sessions has removed a judge’s authority to administratively close a case before the Board of Immigration Appeals. Administrative closure is the process of removing a case in removal proceedings from the Court docket to give individuals in removal proceedings enough time to pursue alternative relief to remain in the United States. Individuals may no longer rely on administrative closure to obtain alternative immigration relief.

Employment Based Immigration

The Department of Labor has recently made mistakes when certifying a prevailing wage determination. The Department has been issuing the wrong wage determination from the year 2017, instead of 2018. If you recently filed a prevailing wage determination with the DOL, you must ensure that you have received the correct prevailing wage from the Department. Even if you are not directly affected by this error, you may be indirectly affected, given that the Department of Labor will likely experience delays in correcting this issue.

National Interest Waivers

A national interest waiver is a self-petition for a green card utilized by individuals of high achievement.
The threshold criteria for the national interest waiver as an individual holding an advanced degree is as follows:

• The proposed endeavor must have substantial merit and national importance
• The foreign national’s work must be well positioned to advance the proposed endeavor and
• On balance, it must be proven that the work will be beneficial to the United States such that it is appropriate to waive the requirements of a job offer and of a labor certification
• The foreign national must serve the national interest of the U.S. to a substantially greater degree than any available U.S. worker having the same minimum qualifications.

Tune in to hear Marie Puertollano discuss three unique and successful national interest waiver petitions filed by our office. To read more about Andrew’s case, click here.

E-2 Visa for Israel

E-2 visa applications may soon be filed by Israeli nationals; however, the E-2 visa division has not yet been set up at the U.S. Embassy in Tel Aviv. Once the Embassy has made a formal announcement we will instruct our readers.

If you have specific questions please contact our office for a consultation.

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