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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

EB-2 India Retrogresses Significantly in November

As predicted in the August/September 2014 issue of the Immigration eAuthority, the U.S. Department of State’s (DOS) Visa Bulletin for November 2014 indicates that the priority date for the employment-based second preference...more

10/13/2014 - Department of State EB-2 Hiring & Firing USCIS Visas

Major Retrogression in the EB-2/India Immigrant Visa Category Expected in the Fall of 2014

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual may begin the final phase of the “green card” process, either through adjustment of status or consular...more

9/16/2014 - Department of State EB-2 Immigrants India Popular Visas

Cap-Subject H-1B Petitions For FY 2015 Should Be Filed On March 31, 2014 To Be Received By USCIS On April 1, 2014

The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2015 begins on Tuesday, April 1, 2014. Note that petitions need to be mailed on March 31 to ensure receipt by the...more

1/24/2014 - Filing Deadlines H-1B Immigrants USCIS Visas

Heavy Demand Results In Untimely Retrogression For EB-2 India

Employers and their attorneys monitor the U.S. Department of State (DOS) Visa Bulletin to determine when sponsored employees may file adjustment of status applications on Form I-485 (the last step in the permanent residence...more

1/24/2014 - Department of State EB-2 I-485 Applications Immigrants Retrogression Visas

Expect Significant EB-2 India Retrogression In December

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual can begin the final phase of the “green card” process, either through adjustment of status or consular...more

11/21/2013 - Department of State EB-2 Green Cards USCIS Visas

ICE (Again) Changes Its Position On Pre-Population Of Section 1 Of Form I-9

An important issue for many employers that use electronic I-9 systems is the pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. Form I-9, Employment Eligibility Verification, is...more

11/21/2013 - DHS E-Verify I-9 ICE USCIS Visas

USCIS Clarifies Eligibility Requirements For STEM OPT Extension

A recent interim policy memorandum, released by the U.S. Citizenship and Immigration Services (USCIS), clarifies the degree completion requirements for the 17-month extension of Optional Practical Training (OPT) available to...more

11/21/2013 - F-1 Immigrants STEM Students USCIS Visas

Justice Department Settles Citizenship Status Discrimination Claim

The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging that the company in question...more

11/21/2013 - Discrimination DOJ F-1 H-1B Immigration and Nationality Act OSC Settlement Visas

USCIS Seeking To Revise Form I-9 (Again)

Earlier this year, the U.S. Citizenship and Immigration Services (USCIS) introduced a revised Form I-9, Employment Eligibility Verification, the form that must be completed by all employers to verify the employment...more

9/25/2013 - I-9 USCIS Visas

L-1 Intracompany Transferees May Face New Challenges

Since the creation of the L visa category in 1970, the L-1 statutory provisions have been modified several times. In recent years, L-1 cases have been subject to heightened scrutiny both by the U.S. Citizenship and...more

9/25/2013 - L-1 National Security OIG USCIS Visas

Justice Department Cautions Against Re-Verification Of I-9 Documents By General Contractor

The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently issued a Technical Assistance Letter in response to a written request by a...more

9/24/2013 - Citizenship Status Discrimination Discrimination DOJ General Contractors I-9 OSC Verification Requirements Visas

Recent OCAHO Decision Reminds Employers To Complete Accurate And Timely I-9 Forms

As immigration reform measures proceed through Congress, it is critical that employers are prepared for strict worksite enforcement of I-9 requirements to prevent costly auditing and penalties for paperwork violations or the...more

7/17/2013 - Compliance Deadlines Filing Requirements I-9 Immigrants OCAHO Penalties Required Documentation Visas

Staggered Implementation Of Georgia And North Carolina E-Verify Laws Completed On July 1

In May and June 2011 respectively, the states of Georgia and North Carolina each passed laws mandating the use of E-Verify, an internet-based system, administered by the federal government, which allows businesses to...more

7/17/2013 - Compliance E-Verify I-9 Immigrants Small Business Visas Work Permits

Immigration Reform 2013—Update

In the February/March 2013 issue of the Immigration eAuthority, we outlined the respective proposals for immigration reform put forward by both the President and a bipartisan group of eight senators. We also noted that...more

4/30/2013 - Border Security H-1B Highly-Skilled Workers Visa Immigration Reform L-1 Visas L-1B Undocumented Immigrants Verification Requirements Visa Caps Visas

Reminder: H-1B Fiscal Year 2014 Filing Season—Get Ready For April 1

As we reported in the December 2012/January 2013 issue of the Immigration eAuthority, the filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2014 begins on Monday, April...more

3/12/2013 - H-1B Visa Caps Visas

Post-Election Immigration Reform - What’s At Issue?

The prospect of comprehensive immigration reform appears to be gaining momentum. In January, a bipartisan group of eight senators announced a broad proposal for immigration reform (“Bipartisan Framework for Comprehensive...more

3/12/2013 - Barack Obama Border Security E-Verify Green Cards H-1B Immigration Reform Permanent Residence Cards Proposed Legislation STEM Undocumented Immigrants Visas

Sequestration Likely to Affect Immigration Services

On March 1, 2013, the Budget Control Act, including sections mandating across-the-board budget cuts to federal agencies (known as “sequestration”), went into effect. The sequester is likely to negatively impact immigration...more

3/8/2013 - Customs and Border Protection Department of State DHS DOL ICE Sequestration Spending Cuts USCIS Visas

Immediate Relatives Of U.S. Citizens May Soon Apply For Provisional Unlawful Presence Waivers In The United States

According to a final regulation, published on January 3, 2013, the U.S. Citizenship and Immigration Services (USCIS) has established a new process for certain individuals to apply for provisional unlawful presence waivers...more

1/18/2013 - Green Cards Unlawful Presence Waivers USCIS Visas Waivers

Post-Election Immigration Reform

President Obama mentioned comprehensive immigration reform as a priority in his acceptance speech. The President has pledged to act quickly on the issue of reform, with the expectation that “…we get [an immigration] bill...more

1/18/2013 - Barack Obama DACA Deferred Action Dream Act H-1B Immigration Reform STEM Act Undocumented Immigrants Visas

USCIS Implements New Immigrant Fee Starting February 1, 2013

The U.S. Citizenship and Immigration Services (USCIS) has announced that, beginning February 1, 2013, the agency will collect a $165 Immigrant Visa Department of Homeland Security Domestic Processing Fee (USCIS Immigrant Fee)...more

1/18/2013 - Department of State DHS Permanent Residence Cards USCIS USCIS Immigrant Fee Visas

New U.S.-Russia Visa Agreement Facilitates Travel For Business and Tourism

Under the terms of an agreement simplifying the U.S.-Russia bilateral visa program, American and Russian travelers for business or tourism are now eligible to receive three-year, multiple-entry visas authorizing stays for up...more

11/1/2012 - Bilateral Visa Program Business Visas Visas

Stricter Scrutiny Of Labor Certifications—Increase In Audits And Supervised Recruitment By The DOL

The U.S. Department of Labor (DOL) has indicated that it will further expand its use of “integrity” measures in the permanent labor certification program. These measures include the conduct of audit investigations and...more

11/1/2012 - Audits DOL Enforcement PERM Visas

Reminder: Diversity Visa (“Green Card”) Lottery Deadline

The application period for the Department of State’s (DOS) Diversity Visa (DV) (“green card”) lottery for Fiscal Year 2014 began on October 2, 2012. Interested persons have until 12:00 noon Eastern Daylight Time on November...more

11/1/2012 - Department of State DIversity Lottery Green Cards Visas

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