Valarie McPherson

Valarie McPherson

Proskauer Rose LLP

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US Passport/Visa System-wide Glitch Impacts U.S. Embassies Worldwide

Before Vacation Takeoff, Buckle Up for Delays! U.S. Embassies worldwide currently are experiencing serious technological problems with their passport and visa systems. As a result, the U.S. Department of State (DOS) has...more

6/22/2015 - Business Travel Consulate Department of State DS-160 International Travel Passports Travel Permits U.S. Embassies Visas

Premium Processing Is Taking a Summer Vacation!

USCIS Announced That It Is Temporarily Suspending Premium Processing of H-1B Extension Petitions - The United States Citizenship & Immigration Service (USCIS) announced yesterday, without warning to its stakeholders, that it...more

5/21/2015 - H-1B Hiring & Firing Human Resources Professionals Immigration Procedures USCIS

H-1B Updates - (1) New Petition Required When Work Location Changes and (2) USCIS Ran Lottery for Fiscal Year 2016 on April 13

Changing years of established policy, the Administrative Appeals Office (AAO) ruled in a precedent decision on April 9, 2015 that the beneficiary of an H-1B petition working in the United States cannot change geographical...more

4/14/2015 - Administrative Appeal Office H-1B LCA USCIS Visa Caps Visas

Continued Rollout of Obama’s Executive Action on Immigration

Today, the United States Citizenship and Immigration Service (USCIS) announced that starting May 26, 2015 it will be accepting applications for employment authorization (EAD) for H-4 dependent spouses of H-1B nonimmigrants...more

2/26/2015 - Barack Obama DHS Employment Authorization Document Executive Orders H-1B H-4 Spouses Immigration Reform Spouses USCIS

Forecasting USCIS Delays This Summer

As has been widely publicized, on November 20, 2014, President Obama announced Executive Actions on Immigration, including: - Expanding the parameters of his Deferred Action for Childhood Arrivals (DACA) program to...more

2/16/2015 - DACA DAPA Deferred Action Immigration USCIS

H1-B Cap 2016 Filings Due In April, Competition Remains Steady

Time to start preparing for the H-1B Cap for Fiscal Year 2016! Demand for the H-1B visa category has steadily increased. Last year, USCIS received 172,500 petitions for 85,000 H-1B spots. Although USCIS issues receipts in...more

2/11/2015 - Filing Season H-1B Highly-Skilled Workers Visa Human Resources Professionals Immigration Procedures STEM USCIS Visa Caps Visas

E-Verify Maintenance Requirements Modified to Minimize Security Risks

On January 1, 2015, the United States Citizenship and Immigration Service (USCIS) will begin disposing of E-Verify records that are over 10 years old in accordance with the National Archives Records Administration records...more

12/3/2014 - Data Protection E-Verify Immigration Procedures Immigration Records USCIS

Obama’s Executive Action – What Does It Mean For Foreign Workers and US Businesses

President Obama's immigration address to the nation on November 20, 2014 focused on the undocumented immigrants in the United States. However, there are several interesting policy initiatives that will affect US employers and...more

11/24/2014 - Barack Obama DACA Deportation DHS Executive Orders Highly-Skilled Workers Visa Immigration Reform PERM STEM USCIS

U.S. Diversity Visa Lottery Registration Dates Announced

The Diversity Visa (DV) Lottery Registration for 2016 opens Wednesday, October 1, 2014. Entries must be submitted electronically at: https://www.dvlottery.state.gov/ between noon on October 1, 2014, and noon on November 3,...more

9/24/2014 - Country of Origin DIversity Lottery Foreign Nationals Registration Visas

Delays at US Consulates Globally

The Department of State (DOS) Bureau of Consular Affairs nonimmigrant visa system suffered an outage last week. Working over the weekend, DOS has made progress restoring the database and is now able to print visas. As such,...more

7/31/2014 - Delays Department of State Passports Visas

DHS Announces New Rules To Facilitate Employment for Professionals in Efforts To Attract and Retain Highly Skilled Foreign Workers

With immigration reform at a standstill, the Obama administration is taking steps to help businesses attract and retain professionals working in the U.S. The Department of Homeland Security (DHS) announced two major...more

5/9/2014 - CW-1 DHS E-3 H-1B H-1B1 H-4 Spouses Highly-Skilled Workers Visa Hiring & Firing Immigration Reform Obama Administration USCIS

USCIS Reaches H-1B Cap for FY 2015 and Conducts Lottery

On Monday, April 7th, United States Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to reach the cap of 65,000 for Fiscal Year (FY) 2015, as well as the 20,000 limit for those...more

4/14/2014 - H-1B Highly-Skilled Workers Visa Hiring & Firing Lottery USCIS Visa Caps Visas

H-1B Cap Reached for FY 2015

United States Citizenship and Immigration Services (USCIS) has announced that it has received enough H-1B petitions to reach the cap for Fiscal Year (FY) 2015. Based on the volume received as of today, USCIS has determined...more

4/8/2014 - H-1B Quotas USCIS Visa Caps

H-1B Cap: No, It Is Not Too Early

While it may seem early, it is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2015, which begins October 1, 2014. Demand for the H-1B has steadily increased, with last year's cap being reached...more

1/27/2014 - Filing Deadlines H-1B Immigrants USCIS Visas

USCIS Site Visits – Expanding to L-1 Petitioners

The United States Citizenship and Immigration Service (USCIS) created and implemented the Administrative Site Visit and Verification Program (ASVVP) in July 2009, under which it conducts unannounced site inspections at the...more

11/26/2013 - Fraud H-1B Inspections L-1 OIG USCIS Visas

U.S. Government Shutdown: Immigration and Visa Consequences for the Business Community

The unthinkable is happening, a U.S. government shutdown. What is the impact of this on immigration matters? Passports - The United States Passport Office will stop processing U.S. passport and passport card...more

10/1/2013 - Customs and Border Protection DOL E-Verify Government Shutdown ICE Passports USCIS Visas

Immigration News Flash: United States Diversity Visa Lottery Registration Opens Tuesday, Oct. 1, 2013 at Noon EDT and Will Close...

The Diversity Visa (DV) Lottery Registration for the next cycle of this popular program opens Tuesday, October 1, 2013. Entries must be submitted electronically between noon on October 1, 2013, and noon on November 2, 2013,...more

9/19/2013 - Department of State Green Cards Lottery Visas

United States State Department Announces Visas for Same-Sex Spouses Are Now Available

On June 26, 2013, the Supreme Court found Section 3 of the Defense of Marriage Act (DOMA) unconstitutional, and we reported in our client alert of July 12, 2013 on implementation of the decision by United States Citizenship...more

8/6/2013 - DOMA Domestic Partnership Same-Sex Marriage SCOTUS US v Windsor USCIS Visas

DOMA Overruled: Milestone for Applicants of Immigration Benefits

On June 26, 2013, the U.S. Supreme Court in United States v. Windsor struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional, allowing for the recognition of same-sex marriages and making way for...more

7/15/2013 - DOMA Employee Benefits Immigrants Immigration Reform Marriage Same-Sex Marriage SCOTUS US v Windsor Visas

May 2013 Brings New Immigration Forms

New versions of several key immigration forms have been released in 2013. Among these new forms are the G-28, Notice of Entry of Appearance as Attorney or Accredited Representative; the I-9, Employment Eligibility...more

5/24/2013 - Customs and Border Protection Form I-94 I-9 ICE USCIS

USCIS Reaches FY 2014 H-1B Cap

USCIS has announced that the H-1B Cap for FY 2014 has been reached and a lottery will conducted for H-1B cap petitions received between April 1 and April 5, 2013. USCIS issued the following statement...more

4/8/2013 - H-1B USCIS Visa Caps Visas

CBP Implements Automation of the I-94 Arrival Record Card

The Customs and Border Protection (CBP), which conducts inspections at U.S. borders, published a final rule in the Federal Register on March 27, 2013 eliminating the completion of the paper form of the I-94 card....more

3/29/2013 - Customs Customs and Border Protection Foreign Nationals I-94 Cards

Immigration Related Government Updates: 1. USCIS Announces That H-1B Cap May Be Reached Early In the First Week Of April; 2....

On Friday, March 15, USCIS announced how it plans to process FY 2014 H-1B cap filings. In the USCIS press release, USCIS indicated that it was preparing for the likelihood that the H-1B cap may be reached during the April 1 –...more

3/19/2013 - Customs and Border Protection DOL H-1B Sequestration Spending Cuts USCIS Visa Caps Visas

New Employment Eligibility Verification Form I-9 Published on March 8, 2013; Mandatory by May 7, 2013

A newly revised Form I-9 was published on Friday, March 8, 2013 and becomes the exclusive version in use as of May 7, 2013. Until that date, employers may continue to use prior versions of the form, dated 02/02/09 and...more

3/12/2013 - Eligibility Hiring & Firing I-9 USCIS

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