Susan J. Cohen

Susan J. Cohen

Mintz Levin

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The Supreme Court Takes the BIA to Task

Yesterday, in an opinion authored by Justice Ruth Bader Ginsburg, the U.S. Supreme Court brought a measure of hope to non-citizens facing deportation on the basis of certain minor criminal convictions. In Mellouli v. Lynch,...more

6/3/2015 - BIA Convictions Deportation Illegal Drugs Immigrants Immigration Reform Lawful Permanent Residents Non-Citizens SCOTUS

Premium Processing Delayed for FY16 Cap-Subject H-1B Petitions

United States Citizenship and Immigration Services (“USCIS”) will begin accepting cap-subject H-1B petitions on April 1, 2015, for start dates of October 1, 2015 or later. ...more

3/18/2015 - H-1B USCIS Visa Caps Visas

Congress Passes Full Department of Homeland Security Funding Bill

Late Tuesday afternoon, the House of Representatives voted 257-167 to fund the Department of Homeland Security (“DHS”) through September 30, 2015, covering the remainder of the fiscal year. A clean funding bill was passed by...more

3/4/2015 - Appropriations Bill DHS

Department of Homeland Security Shutdown 2015: The Effect on Immigration Services

The Senate remains at a stalemate over funding of the Department of Homeland Security (“DHS”), with funding running out on Friday, February 27. A full budget was passed for the rest of the US government in December. However,...more

2/25/2015 - DHS E-Verify Federal Budget Federal Funding Funding USCIS

DHS Halts Implementation of DACA Expansion and DAPA

The Obama administration announced on Tuesday, February 17th that it will comply with an injunction temporarily blocking its plan to shield millions of people who are in the United States illegally, suspending applications...more

2/19/2015 - Barack Obama DACA DAPA DHS Executive Orders Immigration Procedures Preliminary Injunctions

H-2B Cap Reached for the First Half of Fiscal Year 2015

On February 2, USCIS announced that the congressionally mandated H-2B cap for the first half of fiscal year 2015 has been reached. January 26, 2015 was the final receipt date for new H-2B worker petitions requesting an...more

2/3/2015 - H-2B Human Resources Professionals Immigration Procedures USCIS Visa Caps 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

Skilled Immigration Reform: Will 2015 Be the Year?

On January 13, 2015 Senators Orrin Hatch (R-UT), Amy Klobuchar (D-MN), Marco Rubio (R-FL), Chris Coons (D-DE), Jeff Flake (R-AZ), and Richard Blumenthal (D-CT) introduced the Immigration Innovation Act of 2013 into the...more

1/15/2015 - H-1B Immigration Reform Pending Legislation STEM Visas

It’s Time to Prepare H-1B Visa Petitions for Fiscal Year 2016

This alert is a reminder of the rapidly approaching April 1, 2015 deadline for the filing of H-1B visa petitions for Fiscal Year 2016. Petitions for the new fiscal year, which starts on October 1, 2015, will be accepted by...more

1/6/2015 - Filing Deadlines Filing Requirements H-1B Immigration Procedures USCIS

New J-1 Visa Provisions Effective January 5, 2015

In October 2014, the Department of State (“DOS”) amended Subpart A of the J exchange visitor regulations. These new regulations go into effect in 2015 and apply to all exchange visitor programs and program categories. There...more

1/6/2015 - Amended Regulation Department of State J-1 Visas

Employment-based Visa Petitions: Why Dun and Bradstreet Can Make or Break a Petition

It’s a little known fact that U.S. Citizenship and Immigration Services (USCIS) won’t approve an employment-based visa petition before checking the company information against the Dun and Bradstreet (D&B) database via the...more

12/12/2014 - USCIS Visas

President Obama’s Executive Immigration Reform: Shining a Spotlight on Reforming Optional Practical Training “OPT”

As a part of President Obama’s recent announcement regarding his executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued several memoranda to the directors of US Citizenship and...more

12/4/2014 - Barack Obama Executive Orders H-1B Highly-Skilled Workers Visa ICE Immigration Procedures Immigration Reform OPT STEM

Immigration Developments for Highly Skilled Workers: Changes the Business Community Can Expect as a Result of President Obama’s...

On Thursday, November 20th, coinciding with President Obama’s announcement regarding his forthcoming executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a memo to the directors...more

11/25/2014 - Barack Obama DHS E-Verify Executive Orders Green Cards H-1B H-4 Spouses Immigration Procedures Immigration Reform L-1 Visas OPT STEM USCIS Visa Caps

President Obama Announces Executive Action on Immigration

During last week's primetime television broadcast, President Obama announced steps to fix what he termed the “broken” US immigration system. The president focused his speech on increasing border security and providing a...more

11/24/2014 - Barack Obama Customs and Border Protection DACA Deportation DHS Executive Orders Green Cards Highly-Skilled Workers Visa ICE Immigration Reform PERM STEM USCIS

Recent Changes in US Immigration Processes and Technology

The Department of Homeland Security (DHS) has implemented changes recently that affect many individuals seeking to travel to the United States, US employers of H-1B and L-1 workers, and users of some USCIS services. This...more

11/20/2014 - Corporate Counsel DHS ESTA H1-B L-1 Visas Popular USCIS Visas

Keeping Immigration Site Visits Civil and Focused

US Citizenship and Immigration Services (USCIS) empowers its Fraud Detection and National Security (FDNS) officers to make unannounced site visits to employers of H-1B and L-1 workers. The stated purpose of these site visits...more

11/17/2014 - FDNS H-1B L-1 Site Visit Program USCIS

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

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