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Elizabeth A. EvansBlog Posts

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State Department Guidance on DV Issuance Priorities Falls Short

Judge Amit Mehta in Gomez v. Trump ordered the Department of State (DOS) to make good faith efforts to “expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications” and issue visas to those eligible by September 30, 2020 – the deadline for the Diversity Visa program. In response, DOS has issued guidance, but the agency’s... Continue Reading…
September 15, 2020

State Department Guidance on DV Issuance Priorities Falls Short

Judge Amit Mehta in Gomez v. Trump ordered the Department of State (DOS) to make good faith efforts to “expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications” and issue visas to those eligible by September 30, 2020 – the deadline for the Diversity Visa program. In response, DOS has issued guidance, but the agency’s... Continue Reading
September 14, 2020

DHS: Extra H-2B Visas on Hold Because of High Unemployment Due to COVID-19

Extra H-2B visas have been put “on hold” and would not be released “until further notice,” the Department of Homeland Security (DHS) has announced. Shortfalls of H-2B visas have been a perennial problem. Used for temporary, seasonal, non-agricultural workers, these visas are relied on heavily by the tourist, hospitality, landscaping, and constructions industries. The statutory... Continue Reading…
April 7, 2020

DHS: Extra H-2B Visas on Hold Because of High Unemployment Due to COVID-19

Extra H-2B visas have been put “on hold” and would not be released “until further notice,” the Department of Homeland Security (DHS) has announced. Shortfalls of H-2B visas have been a perennial problem. Used for temporary, seasonal, non-agricultural workers, these visas are relied on heavily by the tourist, hospitality, landscaping, and constructions industries. The statutory... Continue Reading
April 7, 2020

Slow Progress for Bills in Congress to Address Green Card Backlog

The Fairness for High Skilled Immigrants Act of 2019, introduced early in 2019 in both the House and the Senate (H.R. 1044 and S. 386), aims to eliminate the Green Card backlog for Indian and Chinese nationals. In July, the bill passed the House. The Fairness bill would eliminate the per-country cap for employment-based immigrants... Continue Reading
November 1, 2019

What Supreme Court on Deference to Agency Interpretations May Mean

Courts’ deference to agency interpretations of their own statutes and regulations has been a mainstay of administrative law. The Chevron Doctrine has since 1984 provided that courts should put a “thumb-on-the-scales in favor of the government’s view of the meaning of [a] statute . . .” as long as the interpretation is reasonable. A similar...… Continue Reading
July 12, 2019

Administration Pushes to Add Extreme Vetting to All Nonimmigrant Visa Applications

Proposed changes to Form DS-160 would include aspects of “extreme vetting” in all nonimmigrant visa applications. The public has until May 29, 2018, to submit comments to the Trump Administration proposal. Visa applicants would be required to submit five years of social media handles on specific platforms and five years of phone numbers and email...… Continue Reading
April 24, 2018