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The law on this point is pretty clear–

Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section.

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USCIS claims it has the authority to limit the duration of an H-1B visa to any length it believes appropriate. As a result, employers report receiving visa approvals that last for as little as one day, 12 days or, quite amazingly, even expire before they receive them. ITServe claims there is nothing in the USCIS regulations that says USCIS can set a period of validity of less than 3 years except if requested by the employer.

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USCIS offers immigration services that may help people affected by unforeseen circumstances, including the Super Typhoon Yutu in the Commonwealth of the Northern Mariana Islands (CNMI).

The following services may be available on a discretionary basis, only upon request. These services may include changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States; expedited processing of advance parole requests; expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; expedited adjudication of employment authorization applications, where appropriate; and rescheduling interviews or biometrics appointments with USCIS. Please visit the Special Situations web page for additional information on services that may be available.

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A federal judge ordered the US on Tuesday to put a group of Iraqi immigrants, some of whom who have been in detention for nearly a year and a half, on supervised release in a strongly worded decision against the government.

The opinion from Judge Mark Goldsmith in Michigan showed the judge believed Iraq would not take back nationals who were being forced to return, contrary to what the US had claimed, which meant that as a result "the Iraqi detainees could remain locked up indefinitely."

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Wright State University and the federal government have agreed to resolve allegations of H-1B visa fraud by the university paying $1 million over allegations that it engaged in visa fraud for the employment of software engineers.

The university’s Board of Trustees agreed to pay the money as part of an agreement in which it acknowledged that it obtained visas for the employees before placing them with companies and in other locations rather than employing them itself, violating the terms of the applications.

From 2010 to 2013, the university used its “cap exempt” status to apply for and obtain visas for 24 employees, who went on to work for Webyoga, after it drafted employment offer letters that indicated the individuals would be working for the school and with university employees as their supervisors. By these actions, companies, such as Webyoga Inc., were able to benefit from employees that they otherwise may not have been able to access through the visa program, which allows skilled foreign workers to work in specialty occupations in the U.S.

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Proponents of fast-tracking these cases say a surge of asylum claims and a massive backlog has drawn out cases for years. Immigration advocates, however, say that cases decided in a matter of months can't possibly allow the evidence to be fully heard - putting families with valid claims in danger.
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