On March 20, 2020, the U.S. Department of Homeland Security (“DHS”) announced that it is temporarily amending the Form I-9 verification and reverification procedures that require company representatives to physically review...more
The Coronavirus and Its Impact on U.S. Immigration -
In last month’s Alert, we provided notice of the Trump administration’s presidential proclamation that indefinitely barred foreign nationals (not U.S. citizens or...more
The Coronavirus and Its Impact on Those Traveling from China -
On January 31, 2020, in response to the novel coronavirus (2019-nCoV) outbreak, the Trump administration, through Secretary of Health and Human Services Alex...more
2/12/2020
/ Centers for Disease Control and Prevention (CDC) ,
Customs and Border Protection ,
Executive Orders ,
Form I-9 ,
H-1B ,
Infectious Diseases ,
International Travel ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visa Applications ,
Visa Caps ,
Visas
USCIS Officially Releases Regulations Regarding
Its H-1B Electronic Registration Tool for the FY 2021 H-1B Cap -
On January 9, 2020, U.S. Citizenship and Immigration Services (“USCIS”) officially released regulations to...more
USCIS Announces Implementation of Its H-1B Electronic Registration Tool -
After several months of vetting public commentary, U.S. Citizenship and Immigration Services (“USCIS”) will roll out its H-1B electronic...more
12/19/2019
/ Department of Justice (DOJ) ,
Electronic Filing ,
Employment Eligibility Verification ,
F-1 Visa ,
Foreign Affairs Manual (FAM) ,
Form I-9 ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration and Nationality Act ,
Immigration Procedures ,
Registration Requirement ,
US Department of State ,
USCIS ,
Visas
USCIS Will Accept Only New Employment-Based and Adjustment of
Status Application Forms as of October 15, 2019 -
On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more
10/11/2019
/ Adjustment of Status ,
Comment Period ,
Department of Labor (DOL) ,
Foreign Nationals ,
Form I-129 ,
H-1B ,
Highly-Skilled Workers Visa ,
I-485 Applications ,
Immigration and Customs Enforcement (ICE) ,
L-1 Visas ,
Lawful Permanent Residents ,
New Guidance ,
OPT ,
Proposed Regulation ,
Registration Requirement ,
SEVP ,
STEM ,
USCIS ,
Visa Caps ,
Visas
On March 19, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that it will accept premium processing requests (i.e., Form I-907, Request for Premium Processing Service) for fiscal year (“FY”) 2020 H-1B cap...more
Fiscal Year 2020 H-1B Cap Petition Filings Are Not Eligible for Premium Processing -
On March 12, 2019, U.S. Citizenship and Immigration Services (“USCIS”) opened premium processing eligibility for all H-1B petitions...more
On March 11, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that it will open premium processing for all H-1B petitions beginning March 12, 2019. As a result of this announcement, even H-1B petitions...more
USCIS Will Reinstate Premium Processing for All H-1B Petitions Filed on December 21, 2018, or Earlier -
U.S. Citizenship and Immigration Services (“USCIS”) officially announced that it will resume accepting premium...more
U.S. Citizenship and Immigration Services (“USCIS”) has officially announced that as of Monday, January 28, 2019, it will begin accepting premium processing for Fiscal Year 2019 H-1B Cap cases pending adjudication. These H-1B...more
Partial Federal Government Shutdown and How It Applies to an Immigration Workforce -
On December 22, 2018, the United States government began its shutdown based on the inability of the Executive Office and Congress to...more
1/25/2019
/ Customs and Border Protection ,
Department of Labor (DOL) ,
E-Verify ,
Employment Eligibility Verification ,
Federal Budget ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
H-1B ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Labor Condition Applications ,
PERM ,
US Department of State ,
USCIS ,
Visas
USCIS Proposes New Registration Requirement to File H-1B Cap Petitions for Fiscal Year 2020 and Reverses Order of H-1B Cap Lottery -
On December 3, 2018, U.S. Citizenship and Immigration Services (“USICS”) proposed new...more
New Version of the Labor Condition Application Must Be Used Starting November 19 -
On November 19, 2018, a new ETA Form 9035, Labor Condition Application for Nonimmigrant Workers (“LCA”), will be fully implemented and “go...more
USCIS Begins Implementing Notices to Appear for Denied Petitions and Applications -
As of October 1, 2018, U.S. Citizenship and Immigration Services (“USCIS”) has begun issuing Notices to Appear (“NTA”) in accordance with...more
10/4/2018
/ Corporate Counsel ,
F-1 Visa ,
Foreign Nationals ,
H-1B ,
Immigration Procedures ,
Notice to Appear ,
OPT ,
Processing Fees ,
STEM ,
Students ,
USCIS ,
Visas
On August 28, 2018, U.S. Citizenship and Immigration Services (“USCIS”) announced that it would suspend premium processing for most H-1B petitions filed (i.e., petitions that USCIS receives) on or after September 11, 2018,...more
I. USCIS Delays Implementation of New “Notice to Appear” Policy Memo -
On June 28, 2018, U.S. Citizenship and Immigration Services (“USCIS”) published a policy memo updating the guidelines to allow USCIS officers to issue...more
U.S. Supreme Court Upholds Travel Ban -
After many lawsuits and appeals, on June 27, 2018, the Supreme Court of the United States upheld the Trump administration’s September 24, 2017, travel ban of nationals from Iran,...more
7/2/2018
/ Constitutional Challenges ,
Establishment Clause ,
Executive Orders ,
First Amendment ,
Foreign Nationals ,
Foreign Students ,
H-1B ,
Immigration and Nationality Act ,
OPT ,
SCOTUS ,
STEM ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visas
According to multiple new press reports, and as part of the continuing trade tensions between the United States and China, the U.S. Department of State (“DOS”) has issued guidance to consular officers that will impact U.S....more
On April 12, 2018, the U.S. Citizenship and Immigration Services (USCIS) announced that it had completed the computer-generated random selection process for fiscal year 2019 H-1B cap cases. At the same time, USCIS disclosed...more
Today, the U.S. Citizenship and Immigration Services announced that it had (i) reached the congressionally mandated 65,000 H-1B cap for fiscal year 2019...more
On March 20, 2018, U.S. Citizenship and Immigration Services (“USCIS”) announced that it was temporarily suspending premium processing for all H-1B petitions filed in this year’s H-1B cap. This suspension applies to both the...more
With the threat of a federal government shutdown distinctly on the horizon, it is important to consider the implications this may have on the immigration process. As our readers know, there are many federal agencies involved...more
On December 18, 2018, U.S. Citizenship and Immigration Services (“USCIS”) issued a news release announcing “clarifying policy guidance” on eligibility standards for qualifying as a TN “Economist” under the North American Free...more
The U.S. Department of State (“DOS”) recently updated its Foreign Affairs Manual (“FAM”) guidance regarding what the agency perceives as “willful misrepresentations.” The guidance revises what was previously known as the...more