Diane Rish

Diane Rish

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Publications


Final Policy Memorandum Provides Needed Predictability and Guidance on Job Portability Determinations

On March 18, 2016, United States Citizenship and Immigration Services (USCIS) released a final policy memorandum that offers guidance on determining whether a new job is in “the same or similar occupational classification”...more

5/19/2016 - Adjustment of Status Final Guidance Foreign Workers Immigration and Nationality Act Permanent Residence Cards Portability Preponderance of the Evidence USCIS

Worth the Wait: Will USCIS Draft Policy Guidance Bring Greater Job Portability and Career Advancement for Foreign Workers and...

On November 20, 2015, the United States Citizenship and Immigration Services (USCIS) released a highly anticipated draft policy memorandum for public review and comment that provides guidance to USCIS Immigration Services...more

1/4/2016 - Draft Guidance Foreign Workers Immigration and Nationality Act Permanent Residence Cards Portability USCIS

House Passes Bill Enhancing Security of Visa Waiver Program in Wake of Paris Terror Attacks

In the wake of the Paris terrorist attacks, the U.S. House of Representatives passed a bill on Tuesday, December 8, 2015, to tighten security measures and impose new restrictions on the Visa Waiver Program (VWP). The VWP...more

12/10/2015 - Biometric Information Counter-Terrorist DHS ESTA Popular Terrorist Acts Visa Waiver Program

White House Report Offers Roadmap for Modernizing & Streamlining the U.S. Immigration System

On July 15, 2015, in an action that sought to confront a number of the U.S. legal immigration system’s lingering problems, the White House issued a report entitled “Modernizing & Streamlining Our Legal Immigration System for...more

9/22/2015 - DHS DOL Executive Orders Foreign Nationals Information Reports Obama Administration US Department of State USCIS Visas

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for FY 2016 on April 1, 2015

The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2016 will begin on Wednesday, April 1, 2015. Cap-subject H-1B petitions will have an employment start date of...more

11/4/2014 - DOL H-1B Highly-Skilled Workers Visa Hiring & Firing USCIS Visa Caps Visas

Settlement Highlights Importance of Compliance with Anti-Discrimination Provision of the Immigration and Nationality Act During...

On August 15, 2014, a California-based staffing company reached a settlement with the U.S. Department of Justice (DOJ), Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), resolving...more

9/16/2014 - Anti-Discrimination Policies Compliance Discrimination DOJ Immigrants Immigration and Nationality Act Ontario Securities Commission (OSC)

Settlement Highlights Need for Compliance with U.S. Export Control Rules When Sponsoring Foreign Workers

The U.S. Department of Commerce’s Bureau of Industry and Security recently reached a $115,000 civil settlement agreement with a California-based global technology company on the basis that it violated several export control...more

8/4/2014 - Aircraft Biotechnology BIS Chemical Weapons Chief Compliance Officers Export Administration Regulations Export Controls Exports Foreign Nationals H-1B ITAR L-1 Visas Licenses O-1 Aliens of Extraordinary Ability Settlement Software Source Code Technology U.S. Commerce Department Visas Work Computer

DOS Forecasts Significant Advancement of EB-2 India Cut-off Date; Slow Down in EB-3

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process...more


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