Immigration Updates

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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USCIS Unveils Proposed Changes to Form I-9

On November 24, 2015, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register to inform the public of proposed changes to Form I-9, Employment Eligibility Verification. Many of the...more

The Syrian Refugee Crisis: Highlights of the Resettlement Process and Tips for Employers

The terrorist attacks in Paris on November 13th have heightened Americans’ concern over security as President Obama has pledged to admit 10,000 Syrian refugees fleeing that troubled, violent, and oppressive land. A number...more

Fifth Circuit Upholds Injunction Against Obama's Immigration Actions

The Fifth Circuit Court of Appeals has affirmed the preliminary injunction against President Barack Obama’s executive action that would potentially have shielded approximately 4.4 million undocumented immigrants from...more

U.S. Department of State Ending Extra Passport Pages Practice

The State Department announced Thursday (November 19) that it is ending the practice of adding additional pages in passports for security reasons, beginning January 1, 2016....more

5th Circuit Upholds Deferred Action for Parents: Next Stop Supreme Court?

On November 9, 2015, the United States Court of Appeals for the Fifth Circuit issued their 124 page decision upholding a nation-wide injunction of the Deferred Action for Parents of Americans and Lawful Permanent Residents...more

Looking Backwards and Forward: A Review of Key EEOC Developments, Successes and Failures in FY 2015 and What to Watch For in FY...

On November 19, 2015, the Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report (PAR), which highlights key EEOC developments over the past fiscal year, ending September 30,...more

Heads Up Employers: New Law Limits Use of E-Verify

Many California employers use the federal electronic employment verification system, better known as E-Verify, to validate whether the employees they hire are authorized to work in the United States. E-Verify has been a...more

Indians Dominate Ranks of IT Workers on H-1B Visas

About 87 percent of H-1B visas for computer jobs are issued to Indians, according to a Computerworld analysis of U.S. Citizenship and Immigration Service (USCIS) data. The publication look at about 76,000 H-1B visas issued...more

The Department of Homeland Security offers important guidance relevant to foreign national job portability

On November 20, 2015, the Department of Homeland Security ("DHS") issued a significant draft policy memorandum ("PM") containing proposed guidance on the definition of "same or similar" under INA Section 204(j), which is...more

Obama Administration Announces $100 million in TechHire Grants to Support IT, Cybersecurity, Broadband Sector Training

On November 17, 2015, the Department of Labor (DOL) and the White House issued a funding announcement releasing $100 million in grants as a part of the Obama Administration’s TechHire Initiative, which specifically calls out...more

Expect the Unexpected – Delays in Processing O and P Petitions

The American Immigration Lawyers Association has sent out an alert that O and P petitions are currently taking approximately eight to ten weeks to be processed, which is much longer than the Vermont and California Service...more

Purging of E-Verify Records Older Than Ten Years Every Year In January Necessitates The Use Of The Historic Records Report in...

In accordance with the National Archives and Records Administration (NARA) records retention and disposal schedule, U.S. Citizenship and Immigration Services (USCIS) disposes of E-Verify records that are over 10 years old...more

Planning Ahead: H-1Bs for FY2017

As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2017 on Friday, April 1, 2016. As such,...more

Canada Implements Pre-Flight Electronic Travel Authorization, Counterpart to United States ESTA Program

The eTA system has been implemented in an effort to mirror the Electronic System for Travel Authorization (“ESTA”) that has been in place in the United States for several years. ESTA is an automated system that determines the...more

CBP Studies Use of Body-Worn Cameras in Certain Circumstances

U.S. Customs and Border Protection (“CBP”) is expanding its camera review, including the possibility of integrating new body-worn camera testing into law enforcement operations such as checkpoints, vessel boarding and...more

E-2 Visas May be Available to Israelis by end of 2015

On June 11, 2012, President Obama signed legislation that would add Israel to the list of countries eligible for nonimmigrant E-2 treaty investor visas. This was a substantial positive development in the creation of stronger...more

U.S. Embassy in Tel Aviv Launches Online Videos about the Visa Process

What do Facebook, YouTube and Twitter have in common? The U.S. Embassy in Tel Aviv is using all three to reach visa applicants. The goal is to educate the public in Israel about the visa process. With Israel being the app...more

Fifth Circuit Strikes Down DACA and Expanded DAPA

On November 9, 2015, the United States Court of Appeals for the Fifth Circuit upheld an injunction permanently barring the implementation of two executive action initiatives President Obama announced in November 2014 –...more

A Blow to the President's Effort to Enact Deferred Action and Authorize Employment for Parents of US Citizens

On November 9, 2015, the Fifth Circuit Court of Appeals, by a 2 to 1 margin, blocked much of President Obama’s executive action, specifically the Deferred Action for Parents of Americans, known as DAPA. DAPA would have...more

Important Updates for E-Verify Employers

Effective January 1, 2016, E-Verify employers in California face new penalties for misuse of E-Verify. Other updates to E-Verify include a data purge on January 1 as well as system enhancements to assist E-Verify...more

EB-5 Legislative Update

Earlier this year, bipartisan legislation was introduced that would permanently authorize the EB-5 Immigrant Investor Pilot Program. Rather than pass the legislation, the U.S. House of Representatives passed a Continuing...more

Fifth Circuit Ruling Upholds Injunction Against the President’s Executive Actions on Immigration

In a 2-1 ruling, the Fifth Circuit Court of Appeals upheld the preliminary injunction issued by U.S. District Judge Andrew Hanen on the grounds that the lawsuit filed by a coalition of 26 states opposing the implementation of...more

Suspended Student Sues Penn State University Alleging New Sexual Misconduct Investigative Procedures Violate Due Process

Last week, a federal judge in Pennsylvania granted injunctive relief to a student who was suspended from Penn State University (the “University”) for alleged sexual misconduct. Specifically, the judge issued an order...more

Employers May Request Alternative Documents Following an Internal I-9 Audit

On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request...more

Don’t End Up on a USCIS List of Terminated EB-5 Regional Centers: Be Creative and on Time with your I-924A Filing

USCIS updated its online list of terminated EB-5 regional centers on October 22, 2015. In the coming two months, regional centers are required to comply with the requirement to file their Forms I-924A in order to update USCIS...more

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