Brittany Thomas Faith, Immigration Attorney

08/05/2026

🚨 USCIS Restores Broad Discretion to Deny Cases Without an RFE or NOID
Earlier today, USCIS issued new policy guidance restoring a Trump 1.0-era approach to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs).

📄 Read the USCIS memorandum here: https://lnkd.in/g8Nm2Qjv

Effective immediately:
🔹 USCIS officers once again have full discretion to deny a benefit request without first issuing an RFE or NOID—not only when there is no legal basis for approval, but also when the required initial evidence was not submitted. Officers may still choose to issue an RFE or NOID, but they are no longer expected to do so before denying a case.

🔹 Practitioners should remember that 8 C.F.R. § 103.2(a)(1) incorporates USCIS form instructions into the regulations. If the form instructions identify a document as required initial evidence, it is critical to include it with the initial filing.

🔹 When USCIS does issue an RFE or NOID, officers are no longer expected to provide the previous maximum response periods (12 weeks for RFEs and 30 days for NOIDs). Instead, they have discretion to set shorter response deadlines.

🔹 For notices mailed outside the United States, USCIS will no longer provide an additional 14 days to respond. The agency will instead apply the 3 additional days provided under 8 C.F.R. § 103.8(b).

The practical takeaway: The days of treating an initial filing as something that can be supplemented later are increasingly behind us. Every filing should be approached as though it may be the only opportunity to establish eligibility. Thorough initial submissions and careful compliance with form instructions are now more important than ever.

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07/31/2026

🚨 If you're not a U.S. citizen or green card holder, please read this before you book a flight.

What we thought we knew about domestic air travel may have changed.

We're seeing reports of noncitizens running into immigration issues on domestic flights, including some people who are lawfully in the United States and have pending extensions, transfers, or change-of-status applications with USCIS.

If you do NOT have an I-94 showing valid nonimmigrant status, do not assume a domestic flight is risk-free. Talk to an immigration attorney before you travel.

The challenging part? There has been no widely announced policy change. These reports are emerging in real time, and immigration lawyers across the country are working to understand what is happening. ✈️⚠️

Federal agents are arresting spouses of Americans, tech workers and others whose visas have expired, including many who have active applications to stay in the country.

03/27/2026

Attention Mexican Nationals!

The Mexican Mobile Consulate is coming! This is a great opportunity to get important documents in one place 🇲🇽

Our recommendation:
✔️ Apply for both a passport and a consular ID
✔️ Carry only your consular ID for day‑to‑day activities
✔️ Store your passport safely at home

Having the right documents can make a big difference not only in your immigraiton matter, but also for your safety.

02/25/2026

🚨Important Update for Religious Workers & Faith‑Based Organizations🚨

On January 16, 2026, the Department of Homeland Security (DHS) issued an Interim Final Rule (IFR) titled “Improving Continuity for Religious Organizations and Their Employees.” This marks a major shift in how R‑1 religious workers manage their time in the United States.

Previously, R‑1 nonimmigrants were limited to five years in the U.S., followed by a mandatory one‑year stay abroad before becoming eligible again.
The new IFR eliminates the one‑year abroad requirement.

This change takes effect immediately, with DHS citing significant disruption caused by the long EB‑4 Religious Worker immigrant visa backlog.

Where things get complicated is determining when the 5-year clock restarts. The rule suggests that an individual must reach the full five‑year limit before a departure can “reset” the clock. Practically, this could force organizations to file additional petitions just to recapture a few weeks or months of unused time — creating unnecessary cost and operational disruption, especially during high‑demand religious seasons such as Lent, Ramadan, Passover, or Easter.

What seems to be clear is that when an R‑1 reaches the maximum stay, the next petition must request consular processing, not an extension of status. Employers may still file up to 6 months early to reduce time abroad.

While there is still more to learn, this is a significant step toward stability for religious organizations and their employees. If you need help understanding how this change may impact your organization, feel free to reach out.

01/19/2026

Dr. Martin Luther King Jr. taught us that “injustice anywhere is a threat to justice everywhere.”

Today, we honor his legacy by remembering that the fight for civil rights has always included immigrants. Immigrants are workers, parents, dreamers, faith leaders, and neighbors—woven into the moral and economic fabric of this nation.

Dr. King believed in the dignity of all people and in a country that lives up to its promise of liberty and justice for everyone. That promise rings hollow if we accept policies rooted in fear, exclusion, or dehumanization.

Honoring Dr. King means standing for a humane immigration system—one that values family unity, due process, and compassion. It means rejecting silence in the face of injustice and choosing courage instead.

Justice is indivisible. Human dignity is non-negotiable.
That is Dr. King’s legacy—and our charge. ✊🏽🕊️

01/14/2026

🚨 Immigrant Visa Processing Suspension Effective January 21 🚨

Starting January 21 (one week from today), the U.S. Department of State will suspend immigrant visa (IV) processing from 75 countries while it implements heightened scrutiny protocols tied to public charge determinations.

This follows guidance issued by Marco Rubio to consular posts in early November regarding public charge adjudication. Today’s announcement appears intended to give consulates time to operationalize and aggressively enforce that guidance.

📍 Affected countries include:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

The larger question practitioners should be watching closely is whether U.S. Citizenship and Immigration Services will take similar action in the adjustment of status context—particularly in light of USCIS’s pending Notice of Proposed Rulemaking on public charge.

If this pause signals what may be coming domestically, we could be entering a new phase of public charge enforcement with significant consequences for families, employers, and the immigration system as a whole.

Stay alert. This space is moving fast.

10/29/2025

🚨 Client & Practitioner Alert: DHS Eliminates 540-Day Automatic EAD Extension🚨

In tomorrow’s Federal Register (Oct. 30, 2025), DHS will publish an interim final rule (IFR) that eliminates the 540-day automatic extension of certain employment authorization documents (EADs). This change applies to Form I-765 renewal applications filed on or after tomorrow.

DHS is adding a new regulation — 8 C.F.R. § 274a.13(e) — providing that, unless otherwise authorized by law or a Federal Register notice (e.g., TPS-related employment), the validity of an EAD will not be automatically extended simply because a renewal was timely filed.

To bypass standard notice-and-comment rulemaking, the agency cites both:

• The “good cause” exception under 5 U.S.C. § 553(b)(B); and

• A foreign affairs function exception under 5 U.S.C. § 553(a)(1), arguing no delayed effective date is required.

🔹 Key takeaway: For noncitizens authorized to work incident to status (e.g., asylees under 8 C.F.R. § 274a.12(a)), their underlying employment authorization remains valid so long as their status endures — even though their EAD cards will still expire on their stated date.

🔹 One thing to note: DHS will not retroactively revoke or cancel prior automatic extensions. If a renewal was effective by today, it remains protected.

⚠️ Action item:

If you’re working on an affected I-765 renewal — file it online today to preserve the 540-day extension. That window closes at midnight.

09/20/2025

⚠️ URGENT CLIENT ADVISORY ⚠️

Restriction on H-1B Travelers Abroad Effective Sept. 21, 2025

On September 19, 2025, the White House issued a proclamation that will temporarily restrict entry of H-1B workers currently outside the U.S. unless:

🔹 The sponsoring employer pays a $100,000 supplemental fee per individual, OR

🔹 The individual secures a national interest waiver (NIW).

⏰ Effective: Sunday, September 21, 2025 at 12:01 a.m. ET

🗓️ Duration: Scheduled to remain in effect through September 21, 2026 (unless extended).

⚖️ Uncertainty: DHS and DOS have not yet released logistics or enforcement details, creating significant risk and confusion at consulates and ports of entry.

If You Are in the U.S. Now

🚫 Do not travel internationally. Leaving could make reentry impossible without the $100,000 fee or NIW.

If You Are Currently Abroad

✈️ Return to the U.S. before midnight ET on Sept. 20, 2025 if at all possible.

➡️ Travel on/after Sept. 21 may be blocked without payment of the fee or NIW approval.

Who Is Not Impacted

H-1B workers currently inside the U.S. who do not depart internationally.

Employer Action Items

✅ Urgently notify H-1B employees abroad to return before Sept. 21.

✅ Advise employees in the U.S. to avoid international travel until DHS/DOS guidance issues.

✅ Identify future hires and assess financial/operational impact of the $100,000 fee.

✅ Evaluate positions that may qualify for national interest waivers.

We will continue to monitor developments closely and provide updates as soon as DHS and DOS release implementation details.

Protecting American Jobs Today, President Donald J. Trump signed a Proclamation to restrict the entry into the United States of certain H-1B aliens as

09/19/2025

🚨 USCIS’ Latest Attack on Naturalization 🚨
On top of neighborhood investigations, distorted “good moral character” standards, and rigid interpretations of the voting provisions, USCIS has now a new civics test.
👉 Effective October 18, 2025, all N-400 applicants will face:
128 possible questions
20 questions asked at random
12 correct are required to pass
Applicants 65+ with 20+ years as LPRs will still take a shorter test, but the question bank depends on filing date:
Filed before Oct. 18, 2025 → questions from the 2008 version
Filed on/after Oct. 18, 2025 → questions from the 2025 version
USCIS says new study materials will be posted soon. Litigation is possible, but unless blocked, the new test takes effect next month.
And USCIS has signaled this is just the beginning: “In the coming weeks and months, USCIS will announce other initiatives to further enhance the integrity of the naturalization process.”

09/12/2025

Happy Birthday to our amazing paralegal, Jimena! Have a great day! 🥳🎂🎉