- U.S. Citizenship and Immigration Services (USCIS) has started implementing their policy memorandum pertaining to the broader use of Notices to Appear (NTAs) in immigration court. USCIS may now issue NTAs to applicants who receive a denial on a petition that affects their U.S. immigration status. USCIS will send denial letters and provide details on how applicants can review information regarding their period of authorized stay in the U.S., check travel compliance, and validate departure from the U.S. Importantly, as part of USCIS’s incremental approach to implementation of the NTA memorandum, the policy memorandum will not be implemented with respect to employment-based petitions and humanitarian applications at this time.
- U.S. Citizenship and Immigration Services (USCIS) issued a reminder that F-1 students working pursuant to work authorization under the “cap gap” and who have an H-1B petition that remains pending risk accruing unlawful presence if they continue to work on or after October 1, 2018, unless they are otherwise authorized to continue employment. While affected F-1 students may remain in the U.S. while the H-1B petition remains pending without accruing unlawful presence, they are no longer authorized to continue working in the U.S. Please note that F-1 students with other forms of work authorization (e.g., Employment Authorization Document) valid past September 30, 2018 may continue working as authorized. Consult your immigration counsel to ensure you and your employees are aware of H-1B petition status and current work authorization.
Department of Homeland Security