Erica Loomba

Erica Loomba

Proskauer Rose LLP

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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

3/13/2017 - DOL H-1B Labor Condition Applications Temporary Visa Suspensions USCIS Visa Caps

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

3/8/2017 - DHS Dual Citizenship Exceptions Executive Orders Exemptions Foreign Nationals Immigration Reform International Travel Lawful Permanent Residents Non-Immigrant Visas Refugees Travel Ban Trump Administration USCIS Visa Waiver Program Waivers

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

3/7/2017 - Form I-129 H-1B Highly-Skilled Workers Visa Immigrants Immigration Procedures Immigration Reform Lottery USCIS Visa Caps Visas

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

1/31/2017 - Customs and Border Protection DHS Dual Citizenship Executive Orders Foreign Nationals Green Cards Immigrants Immigration Procedures Immigration Reform Iran Iraq Libya Somalia Sudan Syria Terrorist Threats Travel Ban Trump Administration Visas Yemen

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

12/22/2016 - DOL F-1 Visa Green Cards H-1B L-1B Labor Condition Applications USCIS

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

11/2/2016 - Foreign Workers H-1B I-129 I-140 Immigrants Immigration Procedures Temporary Employees USCIS USCIS Immigrant Fee Visa Applications Visas

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: between noon on October 4, 2016 and noon on November 7, 2016,...more

9/22/2016 - Diversity Lottery Electronic Filing Foreign Nationals Green Cards Immigrants US Department of State Visas

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

8/9/2016 - Form I-129 Intracompany Transferees L-1 Visas Non-Immigrant Visas US Department of State USCIS

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

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

Holiday Planning Should Include H-1B Cap Planning

While it may seem early, the holiday season is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2017, which begins October 1, 2016. Demand for the H-1B has steadily increased so that last year,...more

11/6/2015 - DOL Filing Deadlines Foreign Students Form F-1 Green Cards H-1B Human Resources Professionals L-1B Labor Condition Applications Non-Immigrant Visas OPT USCIS Visa Caps Visas

Immigration News Flash: 2017 Immigrant Visa Lottery Opens October 1, 2015!

The Diversity Visa (DV) Lottery Registration for 2017 opens Thursday, October 1, 2015. Entries must be submitted electronically at: between noon on October 1, 2015, and noon on November 3,...more

10/2/2015 - Deadlines Diversity Lottery Green Cards Permanent Residence Cards US Department of State Visas

Cruel Joke: Department of State Backtracks on New October 2015 Visa Bulletin: Dates for Filing Retrogress for EB-2 India and EB-2...

In a shocking move late Friday afternoon, the U.S. Department of State (DOS) issued a revised October 2015 Visa Bulletin that supersedes the Visa Bulletin originally published on September 9, 2015. The most dramatic changes...more

9/29/2015 - EB-2 Filing Deadlines Green Cards Obama Administration Priority Date Cutoff US Department of State USCIS Visa Bulletins Visas

Visa Bulletin Revised: New System Allows for Filing of Applications for Adjustment of Status (Form I-485) Sooner!

On Wednesday, September 9, 2015, United States Citizenship and Immigration Services (USCIS), in coordination with the Department of State (DOS), announced that it was "revising the procedures for determining visa availability...more

9/11/2015 - Adjustment of Status Employment Authorization Documents (EAD) I-485 Applications Priority Date Cutoff Travel Permits US Department of State USCIS Visa Bulletins Visas

H-1B Update – Is an Employer Required to file an H-1B Amendment Petition Due to a Change in Work Location which Occurred Prior to...

USCIS, on July 21, 2015, issued final guidance as to the implementation of Matter of Simeio Solutions, LLC (Simeio). The Simeio decision requires employers to file an amended H-1B petition anytime an employee is moved to...more

8/5/2015 - Corporate Counsel Employee Relocations Final Guidance H-1B Labor Condition Applications USCIS Visas

US Passport/Visa System-wide Glitch Impacts U.S. Embassies Worldwide

Before Vacation Takeoff, Buckle Up for Delays! U.S. Embassies worldwide currently are experiencing serious technological problems with their passport and visa systems. As a result, the U.S. Department of State (DOS) has...more

6/22/2015 - Business Travel Consulate International Travel Passports Travel Permits U.S. Embassies US Department of State Visas

Premium Processing Is Taking a Summer Vacation!

USCIS Announced That It Is Temporarily Suspending Premium Processing of H-1B Extension Petitions - The United States Citizenship & Immigration Service (USCIS) announced yesterday, without warning to its stakeholders, that it...more

5/21/2015 - H-1B Hiring & Firing Human Resources Professionals Immigration Procedures USCIS

H-1B Updates - (1) New Petition Required When Work Location Changes and (2) USCIS Ran Lottery for Fiscal Year 2016 on April 13

Changing years of established policy, the Administrative Appeals Office (AAO) ruled in a precedent decision on April 9, 2015 that the beneficiary of an H-1B petition working in the United States cannot change geographical...more

4/14/2015 - Administrative Appeal Office H-1B LCA USCIS Visa Caps Visas

Continued Rollout of Obama’s Executive Action on Immigration

Today, the United States Citizenship and Immigration Service (USCIS) announced that starting May 26, 2015 it will be accepting applications for employment authorization (EAD) for H-4 dependent spouses of H-1B nonimmigrants...more

2/26/2015 - Barack Obama DHS Employment Authorization Documents (EAD) Executive Orders H-1B H-4 Spouses Immigration Reform Spouses USCIS

Forecasting USCIS Delays This Summer

As has been widely publicized, on November 20, 2014, President Obama announced Executive Actions on Immigration, including: - Expanding the parameters of his Deferred Action for Childhood Arrivals (DACA) program to...more

2/16/2015 - DACA DAPA Deferred Action Immigration USCIS

H1-B Cap 2016 Filings Due In April, Competition Remains Steady

Time to start preparing for the H-1B Cap for Fiscal Year 2016! Demand for the H-1B visa category has steadily increased. Last year, USCIS received 172,500 petitions for 85,000 H-1B spots. Although USCIS issues receipts in...more

2/11/2015 - Filing Season H-1B Highly-Skilled Workers Visa Human Resources Professionals Immigration Procedures STEM USCIS Visa Caps Visas

Employer Alienage Discrimination – Must You Hire Anyone Authorized to Work?

Could it really be that an employer is obligated to hire any person in the United States who has employment authorization, even if it is short-term and temporary in nature? That may very well be the case if a finding in the...more

12/8/2014 - DACA Discrimination Employer Liability Issues Foreign Nationals Hiring & Firing Right to Work

E-Verify Maintenance Requirements Modified to Minimize Security Risks

On January 1, 2015, the United States Citizenship and Immigration Service (USCIS) will begin disposing of E-Verify records that are over 10 years old in accordance with the National Archives Records Administration records...more

12/3/2014 - Data Protection E-Verify Immigration Procedures Immigration Records USCIS

Obama’s Executive Action – What Does It Mean For Foreign Workers and US Businesses

President Obama's immigration address to the nation on November 20, 2014 focused on the undocumented immigrants in the United States. However, there are several interesting policy initiatives that will affect US employers and...more

11/24/2014 - Barack Obama DACA Deportation DHS Executive Orders Highly-Skilled Workers Visa Immigration Reform PERM STEM USCIS

The United States and China Agree: Visa Reciprocity

Perhaps there is not a lot that China and the United States can agree upon, but this week the President of the United States and the Prime Minister of China were able to agree upon a revision of the visa reciprocity rules,...more

11/13/2014 - China Reciprocity Rules Visas

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