Stephen H. Smalley

Stephen H. Smalley

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Publications


House Passes Bill Enhancing Security of Visa Waiver Program in Wake of Paris Terror Attacks

In the wake of the Paris terrorist attacks, the U.S. House of Representatives passed a bill on Tuesday, December 8, 2015, to tighten security measures and impose new restrictions on the Visa Waiver Program (VWP). The VWP...more

12/10/2015 - Biometric Information Counter-Terrorist DHS ESTA Popular Terrorist Acts Visa Waiver Program

Changes to Obligations for Filing H-1B Amendment Petitions Under Matter of Simeio Solutions, LLC

As of August 19, 2015, full enforcement of a recent Administrative Appeals Office (AAO) decision in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015) will commence. On April 9, 2015, the AAO—the appellate body...more

8/25/2015 - Administrative Appeal Office Employee Transfers Enforcement Final Guidance H-1B Labor Condition Applications Safe Harbors Simeio USCIS

Federal Judge Grants Preliminary Injunction to Block Executive Action on Immigration While Related Regulations Proceed

Executive Action on Immigration Halted - On February 16, 2015, Judge Andrew S. Hanen of the U.S. District Court for the Southern District of Texas ordered a temporary injunction to halt key portions of President...more

2/18/2015 - Barack Obama Corporate Counsel DACA DAPA Executive Orders Immigration Reform Preliminary Injunctions

Softening of Cuba Sanctions Opens the Way for Some Travel and Trade

As part of a broader, ongoing effort to forge closer relations with Cuba, the Obama administration has enacted a new set of regulations intended to facilitate certain forms of authorized travel to Cuba. The regulations, which...more

1/28/2015 - Amended Regulation Banking Sector Barack Obama BIS Cuba Cuban Assets Control Regulations (CACR) EAR Embargo Executive Orders Export Controls Exports Foreign Relations Imports OFAC Sanctions Telecommunications Trade Relations Travel Permits U.S. Commerce Department U.S. Treasury

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

Cap-Subject H-1B Petitions For FY 2015 Should Be Filed On March 31, 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 Monday, March 31, 2014. U.S. Citizenship and Immigration Services (USCIS) will accept cap-subject...more

12/3/2013 - H-1B Immigrants Quotas USCIS Visas

DOMA Ruling: Practical Implications of the Supreme Court’s Decision

On June 26, 2013, the Supreme Court of the United States issued a decision in United States v. Windsor. The Court ruled that a provision of the federal Defense of Marriage Act (DOMA), which had denied federal benefits to...more

7/8/2013 - Barack Obama Civil Unions DOMA Domestic Partnership Employee Benefits Employer Mandates Immigration Reform Marriage Marriage Equality Same-Sex Marriage SCOTUS US Department of State US v Windsor USCIS Visas

Supreme Court Decision On DOMA Should Provide Equal Access To Immigration Benefits

On June 26, 2013, the Supreme Court of the United States struck down a provision of the federal Defense of Marriage Act (DOMA) that denied federal benefits to same-sex partners....more

6/28/2013 - Citizenship DOMA Due Process Equal Protection Immigration and Nationality Act Immigration Reform Same-Sex Marriage SCOTUS US v Windsor USCIS

Be Vigilant! New Reports of USCIS Telephone Scam

The American Immigration Lawyers Association (AILA) and Ogletree Deakins have received reports of a telephone scam that is targeted at foreign nationals and designed to fraudulently elicit money and personal information....more

6/21/2013 - Fraud Personally Identifiable Information Scams USCIS

Cap-Subject H-1B Petitions For FY 2014 Should Be Filed On March 29, 2013

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 Friday, March 29, 2013. U.S. Citizenship and Immigration Services (USCIS) will accept cap-subject...more

12/14/2012 - H-1B Visas

Expansion of the Interview Waiver Program at U.S. Embassies and Consulates in India

As we reported in the October/November 2012 issue of the Immigration eAuthority, in September 2012, a new visa processing system aimed at streamlining and standardizing visa application procedures for all applicants, was...more

12/6/2012 - 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 - 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 - Diversity Lottery Green Cards US Department of State Visas

Staggered Implementation of North Carolina’s E-Verify Law to Commence in October 2012

On June 23, 2011, North Carolina’s E-Verify legislation (HB 36) was signed into law. The law requires all cities, counties, and private employers with 25 or more employees in North Carolina to verify the employment...more

9/21/2012 - E-Verify Hiring & Firing

U.S. Consulates in India to Implement New System Aimed at Rationalizing Nonimmigrant Visa Application Process

The U.S. Embassy in India announced, on September 5, 2012, that it is implementing a new visa processing system at all U.S. consular posts in India. The new system will streamline and standardize the visa application...more

9/17/2012 - Visas

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