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Immigration Fact and Fiction for the U.S. Employer: Abrupt Change to Advance Parole Adjudications Without Clear Policy Objective –...

A learned colleague, Rob Cohen blogged, what could be called “a cry into the wilderness” in 2014 suggesting that the regulation at 8 C.F.R.§245.23(j) be amended so that an individual who departed the United States before an...more

2019 Immigrant Visa Lottery Opens on October 3

The Diversity Visa (DV) Lottery Registration for 2018 opens Tuesday, October 3, 2017. Entries must be submitted electronically at: https://www.dvlottery.state.gov/ between noon on October 3, 2017, and noon on November 7,...more

Green Card Applicants: Your Pending I-131 Application for Advance Parole May Be Denied if You Depart the U.S.

Client Alert In an abrupt divergence from previous practice, the United States Citizenship and Immigration Services (USCIS) has begun denying I-131 Applications for Advance Parole if the Applicant had departed the U.S. while...more

Immigration Fact and Fiction for the U.S. Employer: H-1B Entry Level (Level I) Wage Blues – Revisited: Why Can’t a H-1B...

My learned colleague, Cyrus Mehta, in his Blog “H-1B Entry Level Wage Blues” posted on July 31, 2017 eloquently deconstructs the arguments made by USCIS when that agency challenges whether individuals can be qualified as...more

USCIS Releases New Form I-9

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. Employers may use either the revised form or Form I-9 with revision date of...more

Immigration Fact and Fiction for the U.S. Employer: Extreme Vetting or Just Extreme Record Keeping – What Will the Actual...

On June 1st, the Washington Post reported that “Consular officers at U.S. embassies around the world have started more intensive vetting of some visa applicants, including asking for their social media handles, in an effort...more

Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1B Visa Holders After The President’s Executive Order...

We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his...more

H-1B Cap Reached Again within First Five Business Days – But Fewer Petitions Received than the Last 4 Years

On April 7, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it received more H-1B petitions than visas available under the statutory cap of 65,000 general-category and 20,000 U.S. Master's for the...more

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

Immigration Fact and Fiction for the U.S. Employer: All Those Announcements About H-1B’s – Is the Program Really Being...

Timed to coincide with the date when thousands upon thousands of H-1B petitions, subject to the quota cap limitation are filed with Service Centers of United States Citizenship and Immigration Services, various government...more

Immigration Fact or Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of...more

March = Last Call for H-1B Cap Cases

Employers must initiate new H-1B Cap cases with their lawyers, and a filing with the Department of Labor is required before the H-1B petition can be filed with USCIS. So, time is running out if employers want to ensure that...more

Trump's Revised Executive Order, "Protecting The Nation From Foreign Terrorist Entry Into The United States"

On March 6, 2017, President Trump signed the highly anticipated and revised Executive Order (EO), "Protecting The Nation From Foreign Terrorist Entry Into The United States." The new order rescinds the previous EO issued at...more

H-1B Petition Premium Processing Suspended as of April 3, but the H-1B Cap Lottery Moves Forward

Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form...more

Immigration Fact and Fiction for the U.S. Employer: Customs and Border Protection (CBP) When You Depart the United States – Cash...

Moving forward in our series of separating fact from fiction, we address the question whether Customs and Border Protection (CBP) plays any role when a passenger, even a United States citizen departs the United States....more

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the...

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more

Immigration Fact and Fiction for the U.S. Employer: Raids and Employers

Proskauer is pleased to launch a new blog series seeking to separate fact from fiction as the public discourse on immigration issues continues. We will address, among other topics, the actual real world impact of the...more

Ban on U.S. Entry: Individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen - Parameters of Ban Evolving

Pursuant to President Trump's Executive Order, the United States government is currently implementing a 90-day travel ban which applies to all individuals "from" 7 designated countries: Iran, Iraq, Libya, Somalia, Sudan,...more

H-1B Cap Planning Starts Now

Although we are still officially in the year 2016, it is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2018, which begins October 1, 2017. Demand for the H-1B has steadily increased over the...more

Employment Eligibility Verification: How Friendly Is The New Friendly I-9?

On Monday, November 14, 2016, USCIS published the new friendlier I-9 form. Employers must use the new version commencing January 22, 2017, and can continue to use the prior version (dated March 8, 2013) until January 21st....more

President-Elect Trump and Immigration Policy: The First Six Months – What Can we Really Expect

There is no doubt in anyone’s mind that immigration policy has been a core issue for President-Elect Trump. So, what can we expect, as a practical matter?...more

Mark Your Calendars: USCIS Raises Filing Fees Effective December 23

The United States Citizenship and Immigration Services (USCIS) announced on October 24, 2016 that effective December 23, 2016 fees for most nonimmigrant and immigrant petitions will increase by an average of 21 percent. This...more

2018 Immigrant Visa Lottery Opens in Two Weeks

The Diversity Visa (DV) Lottery Registration for 2018 opens Tuesday, October 4, 2016. Entries must be submitted electronically at: https://www.dvlottery.state.gov/ between noon on October 4, 2016 and noon on November 7, 2016,...more

New Form I-129s for Intracompany Transferees Required for Blanket Petitions at US Embassies after August 29, 2016

The United States Citizenship and Immigration Services (USCIS) has published a revised Form I-129S, NONIMMIGRANT PETITION BASED ON BLANKET L PETITION. USCIS announced that this form must be used exclusively in applications...more

H-1B Cap: The Receipts Are Trickling In!

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that it received more H-1B petitions than available under the statutory cap of 65,000 general-category visas and 20,000 U.S. Master's visas for...more

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