Beth Carlson

Beth Carlson

Faegre Baker Daniels

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2016 Business Immigration Updates – Getting Through the Long Days of Summer

August ushers in a host of immigration-related news and updates, ranging from fine increases to wait times for visa appointments. Stay up-to-date with some quick notes on these issues. DOJ Fines Increase as of August 1,...more

8/5/2016 - DHS DOJ EB-1 I-9 Inflation Adjustments OPT STEM USCIS

New 24-Month F-1 STEM OPT Extension Rule Now Effective; Employers Required to Implement Training Plan for Eligible F-1 STEM OPT...

The long-awaited final rule on the F-1 STEM (Science, Technology, Engineering and Math education) Optional Practical Training (OPT) Extension, authorizing a new 24-month STEM extension for qualified foreign students, took...more

5/17/2016 - DHS E-Verify Form F-1 OPT STEM USCIS

USCIS Receives 236,000 Cap Subject H-1B Petitions; Lottery Conducted on April 2016

U.S. Citizenship and Immigration Services (USCIS) announced on April 12, 2016, that more than 236,000 cap subject H-1B petitions were received between April 1 and April 7 — about 3,000 more petitions for FY 2017 were filed...more

4/14/2016 - H-1B Highly-Skilled Workers Visa Lottery USCIS Visa Caps

H-1B Cap Reached; USCIS to Conduct Random Lottery

U.S. Citizenship and Immigration Services (USCIS) announced April 7, 2016, that between April 1, 2016, and April 7, 2016, it received more than 65,000 cap-subject H-1B petitions and more than 20,000 H-1B petitions for...more

4/11/2016 - H-1B Lottery USCIS Visa Caps Visas

USCIS Predicts Random Lottery for H-1B Cap and Announces Premium Processing to Start on May 16

April 1, 2016, is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for next year's allotment of visas for foreign national professionals in specialty occupations....more

3/17/2016 - Foreign Workers H-1B USCIS Visa Caps

DHS Tests Known Employer Program for Certain Immigration Petitions

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program intended to streamline the employment-based immigration process in certain visa categories. The program will modify the process U.S....more

3/8/2016 - DHS E-12 E-13 Federal Pilot Programs H-1B Hiring & Firing L-1A L-1B NAFTA USCIS Visas Work Visas

Breaking Immigration News: F-1 OPT STEM Decision Extended Until May 10, 2016; Gives DHS Additional Time to Implement Final Rule

On January 23, 2016, Judge Huvelle of the U.S. District Court for the District of Columbia granted a motion to extend the current stay of her prior order which will allow the Department of Homeland Security (DHS) to utilize...more

1/27/2016 - Administrative Procedure Act DHS Final Rules OPT Popular STEM USCIS

High-Skilled Foreign Workers: New Rules From USCIS on H-1B Work Visas, AC21, I-140 Petitions and EADs

The long-awaited proposed rule — “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (aka I-140/AC21/EAD Proposed Rule) — was published in the Federal...more

1/20/2016 - DHS EB-1 EB-2 EB-3 Employment Authorization Documents (EAD) Federal Register Foreign Workers H-1B Highly-Skilled Workers Visa I-140 Popular USCIS Work Visas

H-1B Cap-Subject Petitions Will Be Accepted by USCIS Beginning April 1; Employers Urged to Start Process Now as Lottery Is...

April 1 is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for the 2016 allotment of visas for foreign national professionals in specialty occupations. Cap-subject H-1B...more

1/6/2016 - DOL Filing Deadlines H-1B Popular USCIS Visa Caps

F-1 Optional Practical Training Proposed Rule Released; Work Authorization Expanded for STEM Students

The long-awaited proposed rule on F-1 Optional Practical Training (OPT) was published in the Federal Register on October 19, 2015, by the U.S. Department of Homeland Security (DHS). The proposed rule is titled “Improving and...more

10/30/2015 - CIP Colleges DHS E-Verify Employment Authorization Documents (EAD) Form F-1 OPT Proposed Regulation Rulemaking Process STEM Universities USCIS Visas

Visa Bulletin: More Changes Impacting the I-485 Process

As previously reported in our legal update from September 10, 2015, the Department of State (DOS) made a major change to the Visa Bulletin in early September. Then, on September 25, 2015, that Visa Bulletin was rescinded and...more

10/19/2015 - EB-2 Filing Deadlines Popular US Department of State USCIS Visa Bulletins Visas

October Visa Bulletin Changed Again by State Department

On September 25, 2015, the Department of State issued a revised October Visa Bulletin which limits the number of people who will be able to file I-485 applications on October 1. This revised bulletin supersedes the bulletin...more

9/28/2015 - EB-2 I-485 Applications US Department of State Visa Bulletins

Dramatic Change to Visa Bulletin: Starting October USCIS Will Now Accept I-485 Filings for Certain Eligible Adjustment of Status...

On September 9, 2015, the Department of State (DOS) announced a major change in the content of the Visa Bulletin. This change will dramatically affect the way that I-485 adjustment of status applications can now be filed with...more

9/10/2015 - Barack Obama DACA DAPA Executive Orders I-485 Applications Popular US Department of State USCIS Visa Bulletins Visas

Supreme Court Decides Mata v. Lynch

On June 15, 2015, the United States Supreme Court decided Mata v. Lynch, No. 14-185, holding that federal courts of appeals have jurisdiction to review the Board of Immigration Appeals’ (Board) rejection of an alien’s motion...more

6/16/2015 - Appeals Criminal Prosecution Criminal Records Equitable Tolling Federal Jurisdiction Immigration and Nationality Act Immigration Procedures Jurisdiction SCOTUS Sua Sponte

Supreme Court Decides Kerry v. Din

On June 15, 2015, the U.S. Supreme Court decided Kerry v. Din, concluding that when the government denies a visa to enter the United States to the alien spouse of a U.S. citizen based on the alien’s terrorist activities, the...more

6/16/2015 - Afghanistan Due Process Kerry v Din SCOTUS Spouses Terrorist Acts Visas

USCIS Receives 233,000 Cap Subject H-1B Petitions; Lottery Conducted on April 2015

U.S. Citizenship and Immigration Services (USCIS) announced on April 13, 2015, that 233,000 cap subject H-1B petitions were received between April 1 and April 7. That’s 60,500 more petitions filed this year than during the...more

4/15/2015 - H-1B Lottery USCIS Visa Caps Visas

H-1B Cap Reached; USCIS to Conduct Random Lottery

U.S. Citizenship and Immigration Services (USCIS) announced April 7, 2015, that between April 1, 2015, and April 7, 2015, it received more than 65,000 cap-subject H-1B petitions and more than 20,000 H-1B petitions for...more

4/9/2015 - H-1B Lottery USCIS Visa Caps Visas

USCIS Predicts Random Lottery for H-1B Cap and Announces Premium Processing to Start on May 11

April 1, 2015, is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for next year's allotment of visas for foreign national professionals in specialty occupations. ...more

3/16/2015 - Foreign Nationals H-1B Specialty Occupations USCIS Visas

Certain H-4 Dependent Spouses Eligible for Work Authorization | USCIS Will Accept Filings on May 2015

The long-awaited final rule on H-4 work authorization has now been introduced by U.S. Citizenship and Immigration Services (USCIS). USCIS Director León Rodríguez has announced that the Department of Homeland Security (DHS)...more

2/26/2015 - DHS Employment Authorization Documents (EAD) H-1B H-4 Spouses Spouses USCIS

Certain H-4 Dependent Spouses Eligible for Work Authorization USCIS Will Accept Filings on May 2015

In May 2014, DHS issued a proposed rule to amend current immigration regulations to allow for the employment authorization of certain H-4 dependent spouses. DHS accepted comments on the proposed rule until mid-July. ...more

2/25/2015 - DHS Employment Authorization Documents (EAD) H-1B H-4 Spouses Surviving Spouse USCIS

H-1B Cap-Subject Petitions Will Be Accepted by USCIS Beginning April 1; Employers Urged to Start Process Now as Lottery Is...

April 1 is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for next year's allotment of visas for foreign national professionals in specialty occupations. Cap-subject...more

1/14/2015 - H-1B Human Resources Professionals USCIS Visa Caps Visas

U.S. Citizenship and Immigration Services Issues New Guidance on H-1B Status for Nurses

On July 11, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum to provide updated guidance on the adjudication of H-1B petitions for nursing positions. The memorandum was issued in response to...more

8/19/2014 - Guidance Update H-1B Hiring & Firing Nurses USCIS

Minnesota Department of Health Introduces New Conrad 30 J-1 Waiver Review Process and Program Guidelines

On August 8, 2014, the Minnesota Department of Health unveiled significant changes to its Conrad J-1 waiver program for international medical graduates. The program changes will be implemented during the 2015 waiver program,...more

8/12/2014 - Immigrants J-1 Visas Physicians Visas

Joint U.S./UK Warning on International Travel: Uncharged Electronic Devices/Gadgets Banned from Flights

On Wednesday, July 2, 2014, Secretary of U.S. Department of Homeland Security Jeh Johnson directed the Transportation Security Administration (TSA) to implement enhanced security measures at selected but undisclosed gateway...more

7/14/2014 - Mobile Devices Transportation Security Administration Travel UK

Additional Movement for EB-2 India Released in Department of State's August 2014 Visa Bulletin

The August 2014 Visa Bulletin was recently released by the U.S. Department of State (DOS). As outlined in our June 10, 2014, legal update on this issue, the EB-2 category for foreign nationals from India pursuing the...more

7/10/2014 - EB-2 Hiring & Firing India US Department of State USCIS Visas

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