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Protecting Breach Investigation Reports in Litigation – Key Actions

A recent opinion from the District Court for the Central District of California in In re Experian Data Breach Litigation offers some examples of best practices for establishing the work-product privilege over certain...more

Immigration Update: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B Options If You Don't...

This month: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B options if you don't win the H-1B lottery. In the midst of the mad flurry of H-1B cap filings, United States...more

4/26/2017  /  Foreign Workers , Fraud , H-1B , Lottery , USCIS , Visa Caps , Visas

H-1B Employers: USCIS Retroactively Implements Changes for Programmers, Increased Focus on Fraud, and Invitation for...

In the midst of the mad flurry of H-1B cap filings, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum that rescinds guidance on H-1B adjudication for certain computer-related positions from...more

4/7/2017  /  H-1B , Popular , USCIS , Visas

Plan B for H-1B Applicants

Although you may not yet know whether your H-1B petition has been selected for processing under the FY2018 cap, it is never too early to think about alternatives and come up with a feasible Plan B. Now that premium...more

4/7/2017  /  H-1B , USCIS , Visa Caps , Visas

Immigration Filing Fees to Increase in December 2016

On October 24, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that increased fees for most immigration applications and petitions will be effective December 23, 2016. The fees will increase by an average of...more

USCIS: New Form I-9 Version Mandatory in January 2017

On September 12, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget approved a revised Form I-9, Employment Eligibility Verification. USCIS must publish a revised form...more

“No Eyeglasses Policy” Issued by the Department of State

For those renewing passports or visas to gear up for holiday travel, be sure to take those photos without your glasses! Effective December 1, 2016, Consular Affairs will no longer accept photographs of visa and passport...more

Immigration Update: Entrepreneurs May Have a New Way to Start Up in the United States

The Department of Homeland Security (DHS) published a proposed rule that could provide an unusual type of immigration benefit called "parole" to individuals seeking a key role in start-up entities in the United States backed...more

Visiting Canada? Better Pack Your eTA or Visa!

Canada has a new entry requirement. Effective March 15, 2016, visa-exempt foreign nationals must now have an Electronic Travel Authorization (eTA) to fly to or transit through Canada. A result of the Perimeter Security and...more

Immigration Update: H-1B Cap FY2017 and Aftermath; Adjudicating the L-1A Functional Manager Petition Requires Consideration of...

The USCIS received more than 236,000 H-1B petitions during this year's FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. master's...more

5/10/2016  /  Foreign Workers , Form F-1 , H-1B , H-4 Spouses , OPT , STEM , Visas

Emergency H-2B Processing Available For Another Month

The Department of Labor (DOL) has announced that it will continue to accept emergency requests until midnight on April 29, 2016, for H-2B applications filed on or between April 2 and April 29, 2016. This extension is due to...more

New STEM OPT Rules: More than Just an Extra Seven Months of Work Authorization

On March 11, 2016, the U.S. Department of Homeland Security (DHS) published its final rule on enhancements to the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering...more

USCIS Guidance on “Same or Similar” Occupations

USCIS has issued a new policy memorandum (PM) outlining relevant considerations in assessing whether a position qualifies as a “same or similar” occupation to the foreign national’s previously approved job for purposes of...more

Revised Rules for H-1B1, E-3 and CW-1 Workers and EB-1 Petitioners

DHS recently published amended regulations affecting certain highly skilled workers in specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3), nonimmigrant workers in the Commonwealth of the Northern Mariana...more

Visa Waiver Changes – Answers to your ESTA-cancellation Questions

UPDATE: CBP has announced that Libya, Somalia, and Yemen are now included with Iran, Iraq, Sudan and Syria as countries of concern, so that individuals who have traveled to these countries since March 1, 2011 are not eligible...more

H-1B Season and a Lesson from Disney

H-1B Cap season is approaching, and, with a similar flurry to file petitions for eligible specialized knowledge workers expected for April 1 as we experienced in 2015, H-1B employers should carefully consider the obligations...more

Changes to the Visa Waiver Program

In the aftermath of the Paris and San Bernardino attacks, the Visa Waiver Program (VWP) was amended significantly on December 18, 2015, when the enactment of the 2016 Consolidated Appropriations Act (H.R. 2029) was signed...more

Changes Ahead for Highly Skilled Workers

On December 31, 2015, United States Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register in furtherance of President Obama’s executive action to modernize, improve and clarify certain...more

Immigration Corner: January 2016

On December 31, 2015, United States Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register in furtherance of President Obama’s executive action to modernize, improve and clarify certain...more

I-9 Guidance on H-1B Petition/I-94 Mismatch and Short Term Workers

In a recent meeting between the Verification and Document Liaison Committee within American Immigration Lawyers Association (AILA) and USCIS’s Verification Division and ICE Homeland Security Investigations, further guidance...more

12/30/2015  /  E-Verify , Form I-94 , Guidance Update , H-1B , ICE , USCIS

Where is the Foreign Affairs Manual?

As of November 19, 2015, the Foreign Affairs Manual (FAM) Chapter 9 “9 FAM” has been revised, rewritten, renumbered and relocated to 9 FAM-e on the Department of State website. This 9 FAM-e is now the authoritative source for...more

Immigration Corner: December 2015

Where is the Foreign Affairs Manual? As of November 19, 2015, the Foreign Affairs Manual (FAM) Chapter 9 “9 FAM” has been revised, rewritten, renumbered and relocated to 9 FAM-e on the Department of State website. This...more

12/21/2015  /  Audits , B-1 , Foreign Affairs Manual (FAM) , H-1B , I-9

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more

Immigration Corner: H-1B Cap FY2016 and Aftermath, "Doing Business" for Multinational Managers, myE-Verify Available Nationwide

If you filed an H-1B petition that did not get accepted for processing under the FY2016 Cap, you are not alone. This year a record number of 233,000 petitions were filed in a mad scramble for the annual supply of 85,000 new...more

H-1Bs, H-4s and H-2Bs – Oh, My! Big developments in the H Nonimmigrant Visa Classifications, and Expanded DACA and DAPA are...

Effective May 26, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting work authorization for H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 petition...more

3/18/2015  /  DACA , DAPA , H-1B , H-2B , H-4 Spouses , Popular , USCIS , Visas
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