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ARTICLE · 03 OCTOBER 2018

Employment-Based Petitions Exempt (At Least For Now) Under New NTA Policy

Ogletree, Deakins, Nash, Smoak & Stewart
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Beginning October 1, 2018, U.S. Citizenship and Immigration Service (USCIS) will begin a staggered rollout of a new notice to appear (NTA) policy.

United StatesImmigration

Beginning October 1, 2018, U.S. Citizenship and Immigration Service (USCIS) will begin a staggered rollout of a new notice to appear (NTA) policy. The first phase of the rollout does not include employment-based petitions.

The NTA policy authorizes immigration officers to issue NTAs and thus initiate the first step in removal (deportation) proceedings for those deemed to be removable from the United States after the denial of an immigration benefit. USCIS deployed the NTA policy in July 2018 but then later put it on hold while it developed additional guidance for the policy's application.

In a recent announcement and during a September 27, 2018, stakeholder teleconference, USCIS offered additional details about the policy's implementation and highlighted the following information:

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