Susan J. Cohen

Susan J. Cohen

Mintz Levin

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Cap-Exempt H-1B Employment Clarified by DHS

In light of the general unavailability of H-1B visas due to the limited and inadequate H-1B visa quota, it is more important than ever that U.S. employers and highly skilled foreign nationals be able to take maximum advantage...more

11/23/2016 - ACWIA DHS H-1B USCIS Visa Caps Visas

DHS Codifies and Clarifies the Parameters of Cap-Exempt H-1B Employment

In a final regulation published on November 18, 2016 which takes effect on January 17, 2017, DHS has clarified the requirements and parameters associated with cap-exempt employment of H-1B workers by nonprofit entities that...more

11/22/2016 - DHS Exemptions Filing Fees H-1B

Long-Awaited High Skilled Worker Regulations Published by the Department of Homeland Security

In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant...more

11/22/2016 - DHS EB-1 EB-2 EB-3 Employment Authorization Documents (EAD) Foreign Workers Grace Period Green Cards H-1B Highly-Skilled Workers Visa Immigrants Priority Date Cutoff Visas Whistleblowers Work Visas

USCIS Revises Form I-9

On November 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification. Beginning January 22, 2017, employers must use only the new version of...more

11/15/2016 - Eligibility Forms I-9 USCIS Verification Requirements

DHS to Increase Filing Fees Effective 12/23/2016

Effective December 23, 2016, the Department of Homeland Security (DHS) will be adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS). DHS...more

10/25/2016 - Applications DHS Filing Fees USCIS Visas

Immigration Relief for Foreign Entrepreneurs

On August 26, 2016, USCIS released the text of a proposed rule to be published in the Federal Register shortly, that provides temporary immigration relief to qualifying foreign entrepreneurs whose presence in the U.S. would...more

8/29/2016 - Corporate Counsel Entrepreneurs Foreign Investment Parole Employment Authorization Proposed Rules Public Benefits Startups Temporary Work Visas USCIS Young Lawyers

Higher Immigration Penalties for I-9 and Other Violations Going Into Effect August 1, 2016

As a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, higher immigration fines and penalties will go into effect on August 1, 2016. The fines and penalties cover Form I-9 paperwork...more

8/1/2016 - Employment Discrimination Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Fines H-1B Hiring & Firing I-9 Immigrants Penalties Work Visas

Department of State Releases August 2016 Visa Bulletin

The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other”...more

7/13/2016 - China EB-1 EB-2 India US Department of State USCIS Visa Bulletins Visas

Innocents Abroad: Creating a Company’s Global Mobility & Immigration Policy

Carrie, I appreciate the guidance you have provided regarding the documents the company needs to have in place when sending an employee on an assignment abroad. Now I have a related question about immigration risks...more

6/29/2016 - Foreign Workers 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 change of status filing on your behalf has been accepted by US...more

6/27/2016 - Employment Authorization Documents (EAD) F-1 Visa Foreign Students H-1B International Travel OPT US Department of State USCIS Visa Caps Work Permits

New STEM OPT Extension Rules: Critical Takeaways, Part 3

FEIN and E-Verify - In order to employ an F-1 student for the duration of his or her 24-month STEM OPT extension, employers must have a Federal Employer Identification Number (FEIN) and be enrolled in E-Verify....more

4/25/2016 - E-Verify Form I-983 Hiring & Firing OPT STEM

New STEM OPT Extension Rules: Critical Takeaways, Part 2

In this short series on the new STEM OPT rules, Susan Cohen, Chair of Mintz Levin’s Immigration Section will examine the top takeaways for students and their employers. The second post will focus on the expansion of the...more

4/21/2016 - F-1 Visa OPT SEVIS STEM USCIS

New STEM OPT Extension Rules: Critical Takeaways, Part 1

In this short series on the new STEM OPT rules, Susan Cohen, Chair of Mintz Levin’s Immigration Section will examine the top takeaways for students and their employers. The first post will focus on the timing rules related to...more

4/20/2016 - OPT STEM USCIS

H-1B Cap Hit for Fiscal Year 2017

On April 7, 2016, 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 2017 cap-subject H-1B visas, which includes both...more

4/8/2016 - Fiscal Year H-1B USCIS Visa Caps Visas

USCIS Guidance on “Same or a Similar” Occupation for AC21 Welcomed

In a welcome move, on March 18, 2016 U.S. Citizenship and Immigration Services (USCIS) released policy guidance for its officers to help them decide “green card portability” cases....more

3/28/2016 - AC21 Green Cards I-140 PERM Portability USCIS Visas

The Department of Homeland Security Previews Final Rule Governing STEM OPT

Yesterday, March 9, 2016, the Department of Homeland Security previewed the final rule governing STEM OPT, to be released on Friday. This rule is effective May 10, 2016, except the addition of 8 CFR 214.16, which is effective...more

3/10/2016 - DHS E-Verify F-1 Visa Foreign Students H-1B OPT STEM Visas

USCIS Launches Known Employer Pilot

On October 1, 2015 USCIS announced the launch of the Known Employer Pilot Program. Yesterday, March 3, USCIS confirmed the participation of five employers in the pilot. The purpose of the Known Employer Program is to expedite...more

3/5/2016 - E-12 E-13 Federal Pilot Programs H-1B L-1A L-1B Visas

A Preview of Business Immigration in 2016: Modernizing PERM (Part 6/6)

A Brief History of PERM - 2015 marked the 10th anniversary of the implementation of the Program Electronic Review Management (“PERM”). The regulations, first published in 2014, govern the labor certification process for...more

3/3/2016 - DOL Immigration Reform OPT PERM

A Preview of Business Immigration in 2016: Visa Bulletin Controversy Continues (Part 5/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

2/26/2016 - Arbitrary and Capricious Class Action Corporate Counsel H-1B Highly-Skilled Workers Visa OPT Rescission US Department of State USCIS Visa Bulletins Visas

A Preview of Business Immigration in 2016: Proposed Immigrant Visa Reforms (Part 3/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

2/16/2016 - Adjustment of Status Comment Period DHS Highly-Skilled Workers Visa Job Promotions Non-Immigrant Visas NPRM USCIS

A Preview of Business Immigration in 2016: OPT (Part 2/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

2/10/2016 - DHS Employment Authorization Documents (EAD) OPT Proposed Regulation STEM Vacatur Visas

A Preview of Business Immigration in 2016: H-1B

From proposals to slash the H-1B cap to overhauling the EB-5 investor program, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of...more

2/5/2016 - Corporate Counsel EB-5 H-1B Immigrant Investor Program Immigration Reform OPT Political Campaigns Proposed Legislation Visa Caps

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

As of April 1, 2016, United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for Fiscal Year 2017 (FY2017). Upon approval, petitions for FY2017 will allow foreign nationals to work for...more

2/3/2016 - DOL H-1B Labor Condition Applications USCIS Visa Caps

Court Extends Vacatur on OPT Extensions for STEM Students

One of the major immigration developments for 2016 is a proposed rule from the Department of Homeland Security (DHS) that would allow certain F-1 students to extend their period of “optional practical training” (OPT) if they...more

1/28/2016 - DHS Foreign Students OPT Proposed Regulation Rulemaking Process STEM Vacatur

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

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