On March 9, 2016, U.S. Department of Homeland Security (DHS) released an advance copy of the final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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