Susan J. Cohen

Susan J. Cohen

Mintz Levin

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U.S. Immigration Policy Catches Up with Assisted Reproductive Technology

On October 28th, US Citizenship and Immigration Services (USCIS) issued a new policy, clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act, to include a gestational mother who (a) gave...more

10/30/2014 - Artificial Reproduction DNA Family Members Immigration and Nationality Act Immigration Procedures Jurisdiction USCIS

It’s Time to Register for the 2016 Diversity Lottery!

On October 1, 2014, the U.S. Department of State will begin accepting requests to register for the 2016 Diversity Immigrant Visa Program (DV-2016), also known as the Green Card Lottery. The Diversity Lottery Program provides...more

10/1/2014 - Department of State DIversity Lottery Foreign Nationals Registration Visa Caps Visas

6 Little Known Facts About H-1B Visas

It is almost October 1st, when thousands of new H-1B visas will become effective with the onset of the US government’s 2015 fiscal year. In light of this, here are six little known but important facts about H-1B visas...more

9/11/2014 - Corporate Counsel H-1B

Continued Delays for Visa Issuance Around the World

As we reported on Monday, due to a massive software failure of the Department of State’s Consular Consolidated Database (CCD), there continue to be delays in the issuance of visas at consular posts around the globe. Passports...more

8/4/2014 - Delays Department of State Passports Software Visas

USCIS Regulations Slowly Catching up/Catching on to Current Immigration Realities

In recent days, the Department of Homeland Security (“DHS”) has published several proposed rules in the Federal Register, which, if adopted, will bring welcome and much needed regulatory changes....more

5/15/2014 - DHS E-3 H-1B1 H-4 Spouses H1-B Immigrants Immigration Reform USCIS Visas

USCIS Proposes Changes to Allow Some H-4 Spouses to Work

On May 12, 2014, US Citizenship and Immigration Services (USCIS) published two notices of proposed rulemaking in the Federal Register. The public is able to comment on the proposed rules during the 60-day comment period. The...more

5/15/2014 - E-3 H-1B H-1B1 H-4 Spouses Highly-Skilled Workers Visa Hiring & Firing Proposed Regulation Public Comment USCIS

Embassy of India Changes Service Providers

The Embassy of India in Washington, D.C. has named Cox & Kings Global Services Pvt. Ltd. (“CKGS”) as the new service provider for Indian Visas, Overseas Citizenship of India (“OCI”), Person of Indian Origin (“PIO”),...more

5/14/2014 - Immigrants India Visas

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

5/9/2014 - Eligibility Employment Authorization Document F-1 H-1B Hiring & Firing I-9 Travel USCIS Visa Caps Visas

H-1B Cap Hit for Fiscal Year 2015

On April 7, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that it had received more than enough H-1B petitions to meet the numerical limit for fiscal year 2015 cap-subject H-1B visas, which includes both...more

4/7/2014 - H-1B Immigrants USCIS Visa Caps Visas

April 1 Deadline for Filing H-1B Visa Petitions Approaches

As of April 1, 2014, United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for Fiscal Year 2015 (FY2015). Upon approval, petitions for FY2015 will allow foreign nationals to work for...more

2/12/2014 - Deadlines H-1B Immigrants USCIS Visas

The Deadline is Approaching!

The April 1, 2014 deadline for filing H-1B visa petitions for Fiscal Year 2015 will be here before you know it. We recently published an alert with more information on when you should file and H-1B caps....more

1/13/2014 - Deadlines H-1B USCIS Visas

The Start-up Chile visa program: Chile’s gain is our loss

The following opinion piece by Susan Cohen appeared in the December 20, 2013 issue of VentureBeat and is reprinted here with permission. The U.S. market is a magnet for foreign entrepreneurs. Yet the U.S. immigration...more

1/13/2014 - Entrepreneurs Foreign Nationals Startups

It’s Time to Prepare H-1B Visa Petitions for Fiscal Year 2015

This alert is a reminder of the rapidly approaching April 1, 2014 “deadline” for the filing of H-1B visa petitions for Fiscal Year 2015. Petitions for the new fiscal year, which starts on October 1, 2014, will be accepted by...more

1/9/2014 - H-1B Immigrants USCIS Visas

Holding the DOL Accountable in PERM Labor Certification Adjudications

We applaud Microsoft Corporation and the numerous parties, including the American Immigration Council and the Chamber of Commerce, who filed amicus briefs last week in a consolidated Board of Alien Labor Certification (BALCA)...more

11/13/2013 - BALCA DOL Immigrants Permits

USCIS & DOL Announce Procedures, Reopening of Websites after Government Shutdown

In a welcome move that acknowledges the hardships caused by the government shutdown, United States Citizenship and Immigration Services (USCIS) has advised that if an H-1B petitioner submits evidence establishing that the...more

10/22/2013 - DOL H-1B PERM USCIS Visas

End to Government Shutdown Heralds Resumption of US Immigration Processing

As of October 17, 2013, the government shutdown in effect since October 1, 2013 has come to an end. The shutdown had negatively impacted immigration processing in matters handled by the Department of State, United States...more

10/17/2013 - Department of State DOL Government Shutdown USCIS Visas

Government Shutdown 2013: How Your Immigration Services Will Be Affected

The impending shutdown of the U.S. federal government on October 1st will impact immigration services across a number of different government agencies. In this alert we address the impact of a shutdown on petitions, visas,...more

9/30/2013 - Government Shutdown USCIS

It’s Time to Register for the 2015 Diversity Lottery!

On October 1, 2013, the U.S. Department of State will begin accepting requests to register for the 2015 Diversity Immigrant Visa Program (DV-2015), also known as the Green Card Lottery. The Diversity Lottery Program provides...more

9/24/2013 - Department of State DIversity Lottery Green Cards Immigrants Visas

A Welcome AAO Decision on the L-1A Manager Visa Category

Those who closely follow the world of U.S. immigration adjudication trends are painfully aware of the hostile attitude exhibited both by U.S. Citizenship and Immigration Services (USCIS) adjudicators and consular officials at...more

9/23/2013

USCIS Telephone Scam Targets Applicants and Petitioners

In recent weeks there have been increased instances of a new telephone scam targeting USCIS applicants and petitioners. Scammers are calling applicants and petitioners using a technique called “Caller ID spoofing” to display...more

9/17/2013 - Immigrants Scams 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

BIA Reverses USCIS Denial of I-130 Petition for Same-Sex Couple in Matter of Zeleniak

In its first decision regarding same-sex immigration benefits since the June 26, 2013, Supreme Court decision United States v. Windsor, which held that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional,...more

7/22/2013 - DOMA Immigrants Immigration Reform Reversal Same-Sex Marriage SCOTUS US v Windsor USCIS Visas

What Windsor Means for Same-Sex Married Couples Seeking U.S. Immigration Benefits

On June 26, 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the 1996 Defense of Marriage Act (“DOMA”) is unconstitutional. This Section of DOMA prohibited the U.S. government from conferring any...more

7/5/2013 - Citizenship Department of State DHS DOMA Green Cards Lawful Permanent Residents Same-Sex Marriage SCOTUS US v Windsor USCIS Visas

Senate Passes Sweeping Immigration Bill

Yesterday the U.S. Senate voted 68-32 to pass a sweeping immigration bill that would put the nation’s 11 million unauthorized immigrants on the path to American citizenship and invest $46 billion to increase border security...more

6/28/2013 - Citizenship Immigration Reform Proposed Legislation

Expand paths for legal immigration

It's time for both Democrats and Republicans to recognize the many compelling reasons for overhauling our current immigration system. Start with the economic arguments, which are overwhelming. Our high-tech visa...more

5/1/2013 - Immigrants Immigration Reform Undocumented Immigrants Visa Caps Visas

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