On 10 March 2020, a Washington DC Federal Court overturned the USCIS highly restrictive
standards applied to the consulting industry. This decision has a major positive impact on the IT
industry.
Judge Rosemary M. Collyer held that the USCIS must not administer justice through random
memoranda and must, if it wishes to change the regulations, do so through a formal process. In
fact, the USCIS seems to have illegally targeted the IT industry (“special treatment”):
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This alert clarifies that this flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion.
U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities regarding the agency’s ability to reuse previously submitted biometrics.
USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). USCIS randomly selected from among the registrations properly submitted. USCIS intends to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
Alert: While premium processing is suspended, petitioners may submit a request to expedite their petition if it meets the criteria on the Expedite Criteria webpage. It is the petitioner’s responsibility to demonstrate that they meet at least one of the expedite criteria. All expedite requests will be reviewed on a case-by-case basis and requests granted at the discretion of USCIS office leadership.
U.S. Citizenship and Immigration Services today announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, USCIS will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and beyond.
Discussion Topics, Thursday, 5 March 2020
FAQ: Denial of a tourist/visitors/B visa 214(b) ||citizenship/naturalization trips of more than six months abroad || Time of stay and definition of a manager/executive employee for L-1A and EB-1C ||Transfer of H-1B while extension is pending ||What to do after an H-1B (or L-1) denial? ||Work duration and damages contracts under H-1B ||I do not have my final degree/diploma certificate/what should I do?
OTHER: Scheduling green card interview in a third country consulate || multiple H-4 extensions simultaneously ||AR-11 change of address filing, etc.,
Discussion Topics, Thursday, 19 March 2020
FAQ: EB-1C - What if my priority date does not become current before my L1A expiry? Should I file an H1B for safety? If I do, will I get moved from EB1 to EB2 ? Should my wife try for H1B ? Is there any maximum number of tries for H1B? If neither me nor my wife manage to get a H1B visa in the next 3 years, is it ok to exit the country and come back when EB1 priority date becomes current ? What visa will I come back with? || Loss of job/laid off during Covid/coronavirus times
OTHER: Moving from a cap exempt H-1B, extension etc. || Apply for an H-1B extension while another MTR is pending || Rejoining old employer after withdrawn I-140 || 60 days grace period for H-1B || Travel during EAD/AP renewal || H-1B transfer or AC21?
Release Date
12/05/2025
New vetting center will focus on powerful screening resources to keep America safe
Release Date
12/04/2025
Maximum validity periods of some Employment Authorization Documents will be reduced
WASHINGTON – U.S. Citizenship and Immigration Services updated its Policy Manual to reduce the maximum validity period for Employment Authorization Documents (EAD) for certain categories of aliens. This update also incorporates changes to EAD validity periods made by recent legislation to ensure proper vetting and screening of aliens.
USCIS is updating USCIS Policy Manual Volume 1, Part C to deter the filing of frivolous claims and provide operational consistency. This update clarifies that the Department of Homeland Security generally will not take biometrics of detained aliens unless they are in removal proceedings and have a pending application or petition filed with the Executive Office for Immigration Review. This guidance is effective immediately and applies to requests pending or filed on or after the publication date.
Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. You can post questions for the call if you are a member of our US Immigration forums. Membership is immediate and lifelong. Walk-ins are also permitted.
Last Updated: December 3, 2025
As of December 15, the Department will expand the requirement that an online presence review be conducted for all H-1B applicants and their dependents, in addition to the students and exchange visitors already subject to this review. To facilitate this vetting, all applicants for H-1B and their dependents (H-4), F, M, and J nonimmigrant visas are instructed to adjust the privacy settings on all of their social media profiles to “public.”
Published by: The Times of India - December 04, 2025
https://timesofindia.indiatimes.com/world/us/us-to-scan-social-media-of…
Quotes and Excerpts from Rajiv in the article:
Rajiv S. Khanna, managing attorney at Immigration.com expressed dismay that a country which professes to be a shining beacon of free speech does not appreciate it.
December 23, 2025
The Department of Homeland Security has finalized regulations that fundamentally change how H-1B cap registrations will be selected, effective for the FY 2027 lottery (registration opening around March 2026). Under the new weighted selection process, registrations for higher-paid workers will have significantly better chances of selection than those for lower-paid workers.
Release Date
12/22/2025
Under the leadership of Secretary of Homeland Security Kristi Noem and USCIS Director Joseph Edlow, the agency has enhanced immigration screening and vetting protocols to protect communities and national security and has advanced immigration policies that put the national interest first.
Published by: The Indian Express - November 02 , 2025
https://indianexpress.com/article/explained/automatic-ead-extensions-us-work-impact-immigrants-indian-10341486/
Quotes and Excerpts from Rajiv in the article: