Immigration Updates

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USCIS Issues Draft Guidance on L-1B Specialized Knowledge Visas

The L-1 (“intracompany transferee”) nonimmigrant visa classification permits multinational companies to transfer certain categories of employees from their foreign operations to their operations in the United States....more

Facing Labor Shortage? Don’t Be Tempted By Illegal Hiring Practices

With current economic conditions and the shortage of workers in the construction industry, there may be a temptation to hire illegal aliens to cover gaps in the workforce (or to “look the other way” and not question whether...more

Férias de Verão! - Pensando nas posibilidades do Visto Estudantil

Resumo - Quando se trata de America Latina temos o ditado, “ Por mais que as coisas mudem, mais ficam iguais. Uma das consequências dessa instabilidade política e econômica e incerteza é que os latinos buscam qualquer...more

USCIS Releases Much-Anticipated L-1B Specialized Knowledge Proposed Guidance Memorandum

U.S. Citizenship and Immigration Services (USCIS) has released a much-anticipated proposed policy memorandum on adjudication of the L-1B “specialized knowledge” nonimmigrant visa category. USCIS Director León Rodríguez said...more

Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17

Tuesday, the Fifth Circuit granted the U.S. Department of Justice’s (DOJ) request to expedite its appeal of U.S. District Judge Andrew Hanen’s injunction staying President Obama’s immigration actions....more

April Visa Bulletin Released

The U.S. Department of State (DOS) recently released the April Visa Bulletin. Overall, most visa categories moved forward. In particular, EB-2 India and EB-2 China advanced by seven and eight months, respectively....more

L-1B Policy Development: USCIS Issues L-1B Adjudications Memo for Comment

Today, U.S. Citizenship & Immigration Services (USCIS) issued a policy memorandum that provides guidance to field adjudicators on things to consider while adjudicating an L-1B petition. Specifically, the new L-1B...more

Work Authorization Extended to Certain H-4 Visa Holders

Late last year, I wrote on the controversial executive actions on immigration that President Obama announced in November. As I noted then, those executive actions include several initiatives that will make it easier for...more

DOS Establishes Timeline for 2015 Poverty Guidelines

When processing immigrant visa cases subject to the Affidavit of Support Form I-864 requirement, consular posts must use the numbers representing 125 percent of poverty guidelines as the minimum income that a petitioner...more

Department of State Releases April 2015 Visa Bulletin

Cutoff dates in the EB-2 India category advance by eight months, cutoff dates in EB-3 for the Rest of the World advance by four months, cutoff dates in the EB-2 China advance by seven months, and cutoff dates for China EB-3...more

Common Immigration Mistakes Employers Make and How to Avoid Them

Employers looking to hire foreign nationals have a number of work visa options available to them in order to bring the foreign national into the country for employment. The process of choosing the appropriate work visa can be...more

Employment Law - March 2015 #2

California Legislation to Consider: Protections for Unpaid Interns and Volunteers - Why it matters: In this issue of the newsletter, the focus of our review of new California laws shifts from leaves of absence...more

Alert: April 1 is First and Only Chance for H-1B Visas for 2015

Lottery Likely- Act Now or Be on the Sidelines until 2016 - April 1, 2015 is the first day on which an employer can petition for an H-1B visa for an employee for the upcoming fiscal year. It is also very likely to be...more

USCIS Resumes H-2B Adjudications But Premium Processing Remains Suspended

As previously reported, on March 5, 2015 U.S. Citizenship and Immigration Services (USCIS) suspended processing of H-2B petitions for non-immigrant workers, due to the federal district court decision in Perez v. Perez, No....more

OPT Program Under Attack

While a lawsuit challenging President Obama’s executive action has garnered headlines recently, another lawsuit that could negatively impact the labor supply and increase the cost of doing business for employers has largely...more

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

Immigration Update: USCIS accepting FY2016 H-1Bs as of April 1, 2015

The United States Citizenship and Immigration Service (“USCIS”) will accept cap-subject H-1B Petitions on April 1st, 2015 for start dates of October 1st, 2015 or later. ...more

USCIS Resumes Processing of H-2B Petitions

As reported on March 10, 2015, the U.S. Department of Labor (DOL) suffered a setback as result of a ruling by a federal district court in the Northern District of Florida on March 4, 2015. Essentially, in Perez v. Perez, No....more

DHS and DOL to Issue Joint Interim Final Rule on H-2B Petitions

As previously-reported, on March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor’s (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the...more

California Supreme Court Decides To Admit Chinese Immigrant After All

I’ve taken a special interest in following the case of Hong Yen Chang (no known relation to my son-in-law).  Mr. Chang arrived in the U.S. in 1872 and graduated from Yale and then Columbia Law School.  ...more

H-1Bs, H-4s and H-2Bs – Oh, My! Big developments in the H Nonimmigrant Visa Classifications, and Expanded DACA and DAPA are...

Effective May 26, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting work authorization for H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 petition...more

Non resident CGT Charge

New tax charge - A new regime which will charge non-UK tax resident owners of UK residential property to capital gains tax (CGT) is due to come into force on 6 April 2015. The draft legislation was published as part of...more

Avoid Discrimination in the Form I-9 and E-Verify Processes: Updated OSC Flyer

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), in the Civil Rights Division, is responsible for enforcing the anti-discrimination provisions of the Immigration...more

Department of Homeland Security Announces New Employment Authorization Eligibility for Certain H-4 Spouses of H-1B Professional...

On February 25, 2015, the U.S. Department of Homeland Security (DHS) announced that effective May 26, 2015, the agency will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B...more

The President’s Executive Actions on Immigration Are Further Delayed

Last Thursday, the U.S. Department of Justice (DOJ) filed an emergency motion with the Fifth Circuit Court of Appeals to lift a preliminary injunction issued by U.S. District Judge Andrew Hanen last month in lawsuit filed by...more

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