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Mapping the Impact From USCIS’s Surprise Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it will temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The premium...more

Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir....more

USCIS Final Guidance on L-1B Adjudications Offers Some Comfort—But No Cure—for Employer Concerns

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum aiming to clarify the standard required for L-1B specialized knowledge visas. The memorandum notably begins by reminding...more

Department of State Visa Issuance Problems Resolved in 22 Posts but Delays Continue

The U.S. Department of State (DOS) continues to experience worldwide technical problems with issuing visas, the result of an apparent hardware failure. On June 22, 2015, the DOS announced that the visa issuance problems have...more

Update to Department of State Visa Shutdown

The U.S. Department of State (DOS) has provided an update on its ongoing technical problems with issuing visas. According to the update, the visa shutdown appears to be the result of a hardware failure. The DOS has over 100...more

USCIS Completes Data Entry For All FY 2015 H-1B Cap Petitions

On May 2, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that data entry for all FY 2015 H-1B cap petitions has been completed. The agency will now begin to reject and return all H-1B cap-subject petitions...more

5/7/2014  /  H-1B , Lottery , USCIS , Visa Caps , Visas

Expect Significant EB-2 India Retrogression In December

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual can begin the final phase of the “green card” process, either through adjustment of status or consular...more

ICE (Again) Changes Its Position On Pre-Population Of Section 1 Of Form I-9

An important issue for many employers that use electronic I-9 systems is the pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. Form I-9, Employment Eligibility Verification, is...more

11/21/2013  /  DHS , E-Verify , I-9 , ICE , USCIS , Visas

USCIS Clarifies Eligibility Requirements For STEM OPT Extension

A recent interim policy memorandum, released by the U.S. Citizenship and Immigration Services (USCIS), clarifies the degree completion requirements for the 17-month extension of Optional Practical Training (OPT) available to...more

11/21/2013  /  Form F-1 , Immigrants , STEM , Students , USCIS , Visas

New Bill Calls For Biometric Exit-Tracking System

A key element of immigration control involves tracking the arrival and departure of foreign visitors to the United States. While the need for arrival controls is apparent, many argue that recording departures is also...more

Justice Department Settles Citizenship Status Discrimination Claim

The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging that the company in question...more

L-1 Intracompany Transferees May Face New Challenges

Since the creation of the L visa category in 1970, the L-1 statutory provisions have been modified several times. In recent years, L-1 cases have been subject to heightened scrutiny both by the U.S. Citizenship and...more

9/25/2013  /  L-1 , National Security , OIG , USCIS , Visas

DHS Report Signals New Challenges For L-1 Intracompany Transferees

The L visa allows qualifying multinational companies with a parent, subsidiary, branch, or affiliate abroad to transfer managers and executives (L-1A) and employees with “specialized knowledge” (L-1B) to work in the United...more

9/4/2013  /  DHS , L-1 , USCIS , Visas

Sweeping Immigration Reform Bill Passes Senate

On June 27, 2013, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S. 744) passed the Senate by a vote of 68 to 32....more

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