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Opportunity Foreclosed: The International Entrepreneur Parole Rule May Die Before it Gets Out of the Gate

The U.S. and worldwide entrepreneur community had been looking forward to July 17th with great anticipation. This was supposed to be the effective date of the new International Entrepreneur Parole immigration regulation....more

U.S. Supreme Court Rules on Travel Ban

On June 26, 2017 the U.S. Supreme Court (SCOTUS) issued a mixed decision in the “Travel Ban” litigation, relating to Presidential Executive Order 13780 (“EO”). As explained in more detail below, the SCOTUS decision gave a...more

DHS Site Visits and Inspections — Be Prepared

From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees. These visits are funded by the $500 “anti-fraud”...more

3/13/2017  /  DHS , H-1B , I-9 , ICE , L-1 , Site Visit Program , USCIS , Visas , Work Visas

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

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

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

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

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

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

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

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

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

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

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 , H-1B , L-1 Visas , Popular , USCIS , 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

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

Important Changes to Form I-94

On March 27, 2013 the Department of Homeland Security (“DHS”) published an interim rule in the Federal Register that changes the definition of Form I-94 (also known as an “I-94 card”) in order to allow an I-94 to be issued in...more

3/29/2013  /  DHS , Foreign Nationals , Form I-94
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