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

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

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

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

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: 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: 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

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

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

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

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

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

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 - Diversity Lottery Foreign Nationals Registration US Department of State Visa Caps Visas

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 Passports Software US Department of State 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-1B H-1B1 H-4 Spouses Immigrants Immigration Reform USCIS Visas

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 Documents (EAD) Form 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

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

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