Michele Frangella

Michele Frangella

Mintz Levin

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Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2015

Fiscal year 2016 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2015. However, as October 1, 2015 approaches, many cap-subject H-1B petitions remain pending at both the California...more

8/27/2015 - Employment Authorization Document F-1 H-1B Non-Immigrant Visas USCIS Visa Caps

At the edge of a new frontier: USCIS begins transition to Electronic Immigration System

In July 2015, the White House announced a series of technology initiatives aimed at modernizing the application process for certain immigration benefits. As part of this effort, the United States Citizenship and Immigration...more

8/26/2015 - Adjudicatory Process Applications Audits Best Practices E-Filing Immigration Procedures Obama Administration OIG Software Technology USCIS

H-1B Alternatives Series: The little known but useful B-1 in lieu of H-1B

Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery? In a series of posts we will explore alternatives to the H-1B. The B-1 visa category traditionally permits foreign individuals...more

8/20/2015 - B-1 Foreign Affairs Manual (FAM) H-1B Visa Caps Visas Young Lawyers

Federal Court Rules on OPT Extension

On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for...more

8/17/2015 - Administrative Procedure Act DHS F-1 Highly-Skilled Workers Visa Notice and Comment OPT STEM Time Extensions Visas

Federal Court Ruling Puts STEM OPT Extension in Jeopardy

On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for...more

8/17/2015 - Administrative Procedure Act DHS F-1 H-1B Notice and Comment OPT STEM Time Extensions Visa Caps Visas

Spring Forward, but Fall Behind: The September 2015 Visa Bulletin brings unwelcome news for Indian and Chinese “green card”...

Today, the Department of State (DOS) released the last visa bulletin for the 2015 fiscal year. Notably, major retrogressions are seen in the employment-based second preference category (EB-2) for both India and China. The...more

8/13/2015 - Green Cards Popular Visa Bulletins

USCIS Releases Guidance and Frequently Asked Questions for H-4 Employment Authorization Applications

On May 20, 2015, United States Citizenship and Immigration Services (USCIS) released guidance and frequently asked questions (FAQs) relating to the filing of H-4 employment authorization applications for spouses of certain...more

5/26/2015 - Corporate Counsel Employment Authorization Document H-1B H-4 Spouses Hiring & Firing Human Resources Professionals USCIS

DHS Extends Employment Authorization for Certain H-4 Spouses

The Department of Homeland Security (“DHS”) announced that, effective May 26, 2015, the agency is extending employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants....more

2/25/2015 - DHS H-1B H-4 Spouses Non-Immigrant Visas USCIS Visas

DHS Issues Final Rule Permitting Attorneys to Receive Immigration Correspondence/Documents Previously Sent Directly to Applicants

The Department of Homeland Security announced this week that the final rule, Notices of Decisions and Documents Evidencing Lawful Status, published for comment on October 29, 2014, is effective as of January 27, 2015....more

2/2/2015 - Attorney Communications Electronic Communications Final Rules Immigration Procedures Notifications USCIS

The difference a day can make: States devise their own remedies for criminal immigration reform

While the three branches of federal government fire off salvos on immigration reform, states are finding ways to tackle challenges to the federal criminal immigration landscape....more

11/24/2014 - Criminal Prosecution Deportation Felonies Immigration Reform Misdemeanors New Legislation

Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2014

Fiscal year 2015 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2014. However, as October 1, 2014 approaches, many cap-subject H-1B petitions remain pending at both the California...more

9/15/2014 - Deadlines F-1 H-1B Immigrants USCIS Visas

Cap Gap Expiration Quickly Approaching: Be Mindful That Some Employees’ Work Authorization May End on October 1, 2013

On April 10, 2013, we reported that USCIS had conducted the lottery process for fiscal year 2014 cap-subject H-1B petitions. Those petitions that were selected and approved will be valid starting October 1, 2013. However, as...more

9/16/2013 - H-1B Immigrants USCIS Visas

Fiscal Year 2014 H-1B Lottery Update

On April 7, 2013, U.S. Citizenship and Immigration Services (USCIS) conducted the lottery process for fiscal year 2014 cap-subject H-1B petitions. The computer-generated random selection process included approximately 124,000...more

4/11/2013 - H-1B USCIS Visa Caps Visas

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