Immigration Update: April 2018

Court Orders Full Reinstatement of DACA

This month a federal court ordered full reinstatement of the DACA program, however the order will not take effect for 90 days following the court’s ruling.  During the 90-day period, DHS may provide evidence to justify the DACA rescission.  Should the order take effect after 90 days, DHS would be required to accept DACA applications from new applicants who qualify.

DHS Terminates Temporary Protective Status for Nepal

DHS has announced its decision to end TPS status for Nepal, determining that conditions in Nepal no longer warrant continued protective status.  The program will be terminated effective June 24, 2019 and Nepalese citizens are required to register to extend their benefits through the expiration date.

 H-1B — FY 2019 Cap Case Update

USCIS received 190,098 FY 2019 H-1B cap petitions, which is 8,902 fewer cap filings than the previous year.  This makes the overall chance of being selected in the cap lottery approximately 45 percent.  Of the petitions received, 95,885 were submitted towards the cap exemption of 20,000 for holders of U.S. advanced degrees and 94,213 were submitted towards the standard quota of 65,000.  USCIS has completed its lottery and selected the cases which will be processed.  Receipt notices for selected cases are currently being processed and all other petitions will be returned.