Immigration Updates

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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FinCEN and ICE Issue Geographic Targeting Order Against Electronics Exporters in the Miami Area

On April 21, 2015, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) served a Geographic Targeting Order (GTO) on about 700 electronics exporter businesses in the Miami area, in an investigation into cash...more

The Employment Law Authority - March/April 2015 #2

In This Issue: - Supreme Court Revives Pregnant UPS Worker's Suit - Spouses of H-1B Visa Holders Applying for Residency Eligible for Work Permits - Turning Metrics Into Money: An Interview With Solange Charas,...more

From Hiring To Firing: A Basic Guide To The Thai Employment Law Life Cycle

Recruitment - Recruiting in Thailand is often done through database recruitment, licensed headhunting firms, or by placing advertisements in newspapers and various media or on the internet. With regards to hiring of new...more

Client Alert: DOJ finds Texas Governor’s Executive Order Mandating E-Verify for State Agencies and State Contractors Violates...

History - On December 3, 2014, Governor Perry issued Executive Order RP-80, a mandate requiring all government agencies “under the direction of the governor to verify the eligibility of all current and prospective...more

Recent Changes in Off-Site Employment Requirements

There have been recent changes in the immigration world regarding the requirements for off-site employment. Both the H-1B visa category and the L-1B visa category, which are two of the more common employment-based visa...more

New I-9 Issues Facing Employers with Recently Legalized Employees

As more and more workers acquire temporary legal status in the U.S. and receive new work authorization, employers will be faced with the following common scenario. An employee has recently legalized their status and...more

Proposed Law: Permanent Residence for E-2 Investors and Certain Benefits for Their Children

On April 9, 2015, Congressman David Jolly introduced a bill in the House of Representatives titled “E-2 Visa Improvement Act of 2015.” The purpose of the bill is to amend the Immigration and Nationality Act to permit certain...more

Updated Guidance Encourages DHS Attorneys to Timely Exercise Prosecutorial Discretion

On April 6, 2015, the Acting Principal Legal Advisor for the U.S. Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA), Riah Ramlogan, issued a memorandum to OPLA attorneys relating to the...more

Certain H-4 Dependent Spouses Eligible for New Work Authorization Option in May

On February 24, 2015, the Department of Homeland Security (DHS) announced the extension of work authorization eligibility to certain H-4 dependent spouses of H-1B nonimmigrants, who are seeking employment-based lawful...more

USCIS Now Formally Requiring Amended Petitions When H-1B Worksite Changes

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a binding, precedential ruling that all U.S. employers must file an amended petition with the agency...more

Department of State Releases May 2015 Visa Bulletin

Cutoff dates for EB-3 Philippines retrogress by six years and nine months, cutoff dates for EB-5 China retrogress by two years, cutoff dates in the EB-2 India category advance by seven and a half months, cutoff dates in the...more

FY 2016 H-1B Cap Lottery Selection Completed, Premium Processing Timeline Begins April 27, 2015

On April 14, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 27, 2015, it will begin reviewing cases filed with a request for premium processing. USCIS previously confirmed completion of...more

Depositions in Taipei

Taipei hosts numerous depositions every year. Here are a few thoughts to keep in mind when planning your depositions in this lovely city. Situated at Taiwan’s northern tip, Taipei is the nation’s political as well as...more

AAO Decision Clarifies Requirement to File Amended H-1B Petitions for Worksite Changes

On April 9, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision concerning an employer’s obligation to file an amended H-1B petition in certain scenarios involving a change in worksite. The...more

Immigration Update: USCIS completes H-1B Visa lottery

On April 13, 2015, USCIS conducted the computer-generated random selection process (aka “H-1B lottery”) and selected petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption....more

Five Key Issues Confronting Financial Services Industry Employers

Employers in the financial services industry are faced with a growing number of employment law challenges. Whistleblower complaints are on the rise as regulatory agencies become more aggressive in their efforts to encourage...more

Stay on Order Affecting H-2B Program is Extended by One Month

On Wednesday, the Florida federal court in Perez v. Perez, No. 3:14-cv-682, extended the stay on its March 4, 2015 order vacating the U.S. Department of Labor’s (DOL) 2008 H-2B regulations order by one month through May 15,...more

H-1B Cap Premium Processing to Begin April 27

The USCIS has commenced issuing receipts for cap-subject H-1B petitions. On April 27, US Citizenship and Immigration Services (USCIS) will begin premium processing of cap-subject H-1B petitions that request premium...more

State Department Announces Cut-Off Date for Chinese EB-5 Investors

As of May 1, 2015, the EB-5 category will have used up its annual limit of visas and the Department of State will establish a cut-off date of May 1, 2013 for Chinese EB-5 investors. This means that only Chinese nationals with...more

EB-5 Retrogresses By Two Years in May 2015 for Nationals of China

The Department of State has released its Visa Bulletin for May 2015 and, as predicted back in October 2014 by Chief of the Visa Control and Reporting Division, Charles Oppenheim, the EB-5 category will retrogress for...more

Record Number of H-1B Applications Emphasizes Importance of Considering Alternatives for Applicants Not Selected in Lottery

USCIS has announced that it received nearly 233,000 H-1B applications during the first week of April, nearly three times the available quota. This means that nearly two-thirds of all applications submitted to the agency will...more

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

Alternative Visa Strategies in The Aftermath of The Record-Breaking April 2015 H-1B Lottery

The United States Citizenship & Immigration Service announced yesterday that it received nearly 233,000 H-1B visa petitions in the first week of the application window for the 85,000 cap-subject visas available for fiscal...more

Labor Contractors Can Make Dangerous Bedfellows: Part I

According to many sources, there is a shortage of unskilled workers in the United States that is only projected to worsen, and employers nationwide are feeling the pinch. From hoteliers to seafood processors, manufacturers to...more

Is Your H-1B Worker Moving Elsewhere? You May Have To File An Amended H-1B Petition

The Administrative Appeals Office of the U.S. Citizenship and Immigration Services issued a significant decision last week that overruled prior USCIS practice....more

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