Immigration Updates

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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Israel Connect - Legal Insight for Success in the US Market

We are excited to present you with the second issue of Israel Connect — our quarterly newsletter focused on forging new connections and strengthening existing bonds between Israeli businesses and the US market. In our second...more

A Preview of Business Immigration in 2016: OPT (Part 2/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

The Failures and Future of the EB-5 Regional Center Program: Can it be Fixed?

Senate Committee on the Judiciary Hearing - The Senate Committee on the Judiciary (“Committee”) held a hearing on February 2nd regarding the future of the EB-5 Regional Center Program. The hearing was led by Senators...more

Exceptions to Restrictions - Using the Visa Waiver Program (VWP)

In our last post, we discussed the Visa Waiver Program Improvement and Terrorist Prevention Act of 2015 (the “Act”). It prevents a citizen of one of 38 VWP countries (Australia, Italy, Japan, Switzerland, etc.) who is also a...more

A Preview of Business Immigration in 2016: H-1B

From proposals to slash the H-1B cap to overhauling the EB-5 investor program, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of...more

DHS Enhances Opportunities for H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants

On January 15, 2016, the Department of Homeland Security (DHS) posted a final rule in the Federal Register which revises its regulations affecting highly skilled workers in the nonimmigrant classifications for specialty...more

Hybrid Visa Offers Alternative to Limited H-1B Visa

For an ever-increasing number of U.S. employers, the start of another calendar year also means H-1B season has arrived. However, given the competitive nature of the H-1B program, many employers are turning to an alternative...more

Taking the Temperature of Immigration Policy for Nurses

As we enter the throes of cold and flu season, thoughts naturally turn to matters of health and so it seems fitting that HRLegalist takes a look at visa options for foreign RNs, which has traditionally been more difficult...more

USCIS Processing Delays for H-1B Extensions Continue

As many have noticed, the processing of H-1B extensions at the California Service Center and Vermont Service Center continue to be extremely slow, and the backlog is causing significant hardships for those affected...more

Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions - February 2016

This edition of the Cozen O’Connor Aviation Regulatory Update includes the recently signed U.S.-Mexico bilateral agreement that liberalizes air services between the two countries, new Cuba-related regulations loosening...more

H-1B Helps Employers Obtain Workers with Specialty Skills

Locating highly skilled, uniquely talented workers can be very difficult for some employers in the United States. In fact, year after year the demand for workers with so-called STEM (science, technology, engineering and...more

Update to New U.S. Visa Waiver Program Changes

Further details have emerged regarding new U.S. rules restricting use of the Visa Waiver Program (VWP) for dual nationals of Iran, Iraq, Syria and Sudan, as well as individuals who have traveled to these countries within the...more

60 Day Comment Period on Proposed Changes to Form I-9 Ended on January 25, 2016

On November 24, 2015, the U.S. Citizenship and Immigration Services (USCIS) published a 60 day notice of proposed changes to the Form I-9 in the Federal Register. The 60 day public comment period ended on January 25, 2016....more

April 1 Deadline for Filing H-1B Visa Petitions Approaches

As of April 1, 2016, United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for Fiscal Year 2017 (FY2017). Upon approval, petitions for FY2017 will allow foreign nationals to work for...more

Fiscal Year 2017 H-1B Cap Season Quickly Approaching

On Friday, April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the Fiscal Year 2017 cap (FY 2017)....more

FY17 H-1B Cap Filings Begin April 1, 2016

U.S. employers who sponsor foreign workers for temporary H-1B work visas should be aware that April 1, 2016, is the earliest date that new H-1B petitions may be filed to count against the upcoming FY17 quota (or “cap”)....more

Travel to the United States in 2016: The Year of Fear – Restrictions on the Visa Waiver Program (VWP) ESTA

On January 21, 2016, the United States began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. Nationals of Visa Waiver Program countries who have traveled to...more

The Visa Waiver Program – Know Before You Go

Almost everyone who enters the U.S. for business visits must either (a) have a B-1 visa (which may include a B1/B2 visa) or (b) be eligible to enter without a visa under the Visa Waiver Program. If you have a...more

Department of State Releases February 2016 Visa Bulletin

Employment-based adjustment of status applicants must file using the Application Final Action Dates chart. The US Department of State (DOS) has released its February 2016 Visa Bulletin. The Visa Bulletin sets out...more

Changes to the Visa Waiver Program

In the aftermath of the Paris and San Bernardino attacks, the Visa Waiver Program (VWP) was amended significantly on December 18, 2015, when the enactment of the 2016 Consolidated Appropriations Act (H.R. 2029) was signed...more

To Audit, or Not to Audit: That is the I-9 Question

For some time, employers have been confused about how to handle situations relating to potential undocumented workers in their workforces. On December 14, 2015, to address some of this confusion, the U.S. Department of...more

New Limitations on Visa-Less Travel to the U.S.

The U.S. Department of Homeland Security (DHS) and the Department of State on Jan. 21, 2016, commenced implementation of changes to the Visa Waiver Program (VWP) pursuant to the Visa Waiver Program Improvement and Terrorist...more

Court Extends Vacatur on OPT Extensions for STEM Students

One of the major immigration developments for 2016 is a proposed rule from the Department of Homeland Security (DHS) that would allow certain F-1 students to extend their period of “optional practical training” (OPT) if they...more

Canadian Immigration: Revisiting Canada’s Tough New Employer Compliance Regime

Strict New Penalties for Non-Compliant Employers - The Government of Canada is increasingly focused on employer compliance and has implemented a number of initiatives since 2014, including the overhaul of the Temporary...more

US Policy Scan 2016

Virtually the only certain political outcome of 2016 is that voters will select a new president to enter the White House in 2017. Against this backdrop, the legislative and electoral outlook in Washington, DC, remains steeped...more

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