Immigration Updates

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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Fifth Circuit Rejects Obama Administration’s Effort to Free Executive Actions From Injunction

On May 26, 2015 a three judge panel for the Fifth Circuit Court of Appeals rejected a request by the Obama administration to lift an injunction currently blocking aspects of President Obama’s executive action on immigration....more

USCIS on Amended H-1B Petitions for Change in Work Location

As previously reported, on April 9, 2015, the Administrative Appeals Office (AAO), which is responsible for the review of certain decisions rendered by U.S. Citizenship and Immigration Services (USCIS), issued a published...more

New USCIS Guidance Has Significant Consequences for H-1B Employers

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision (Matter of Simeio Solutions, 26 I&N Dec. 542) that significantly impacts U.S....more

Estate Planning for Non-U.S. Citizens

In This Presentation: - Basic Rules - Determination of Residency for Estate Tax purposes - Tax Rules - Estate and Gift Tax Treaties - Asset Situs Rules - Taxation of Life Insurance...more

USCIS Temporarily Suspends Premium Processing for H-1B Extensions

Starting May 26, USCIS will temporarily suspend the 15-day premium processing service for all H-1B Extension of Stay petitions until July 27 to allow it to implement the H-4 Employment Authorization Document final rule in a...more

Premium Processing of H-1B Extensions Suspended as of May 26

Last week, in anticipation of the increased workload to be created by the filing of applications for Employment Authorization Documents (“EADs”) by H-4 spouses of certain H-1B employees beginning May 26, 2015, USCIS announced...more

EB What? Considering Other Alternatives to the EB-5 Visa

Overview - The EB-5 Visa program has been widely promoted as a legal basis for foreign business owners to gain conditional residency followed by permanent residency in the United States. The program is a great solution...more

Illinois Appellate Court Affirms Preliminary Injunction Allowing International High School Student to Play Sports

Recently, in Makindu v. Illinois High School Student Association, the Second District of the Illinois Appellate Court affirmed a trial court’s grant of a preliminary injunction in favor of an international high school...more

USCIS to Halt Premium Processing Service for H-1B Extensions

On May 19, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily halt acceptance of premium processing requests for all H-1B Extension of Stay petitions from May 26, 2015 through July 27,...more

USCIS Releases Guidance and Frequently Asked Questions for H-4 Employment Authorization Applications

On May 20, 2015, United States Citizenship and Immigration Services (USCIS) released guidance and frequently asked questions (FAQs) relating to the filing of H-4 employment authorization applications for spouses of certain...more

I-9 COMPLIANCE - A Fixed Fee Program

Investigations and audits of Form I-9 documents by U.S. Immigration and Customs Enforcement (ICE) agents are steeply on the rise, and the Obama administration is promising to keep the heat on employers in the coming...more

May 2015 Special Immigration Alert - Premium Processing Option for H-1B Extensions Is Temporarily Suspended II.USCIS Announces...

I. Premium Processing Option for H-1B Extensions Is Temporarily Suspended - On May 19, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it will temporarily suspend 15-day premium processing...more

Alert: Preliminary Injunction is Denied – H-4 EAD Program Moves Forward

As previously reported, a group of former employees of Southern California Edison (who claim they were laid off and replaced by H-1B workers) filed a lawsuit in the United States District for the District of Columbia against...more

Hotelier Roadmap to EB-5 Financing for New Hotel Construction, Expansion or Renovation: Ten Steps to a Successful EB-5 Offering

The EB-5 investor visa program allows non-U.S. persons to invest $500,000 (or $1,000,000) in a business that is expected to create at least 10 new permanent jobs per investor, and to obtain a conditional visa upon review and...more

USCIS to Accept Employment Authorization Applications from Certain H-4 Dependent Spouses

Beginning May 26, 2015, the United States Citizenship and Immigration Services (USCIS) will accept applications for employment authorization from certain H-4 Dependent Spouses. The USCIS will reject any applications received...more

USCIS Publishes Long-Awaited Filing Guidance for H-4 EAD Applications

On May 20, 2015, U.S. Citizenship and Immigration Services (USCIS) published long-awaited information to help eligible H-4 dependent spouses apply for employment authorization documents (commonly known as “EAD cards”) under...more

Premium Processing Is Taking a Summer Vacation!

USCIS Announced That It Is Temporarily Suspending Premium Processing of H-1B Extension Petitions - The United States Citizenship & Immigration Service (USCIS) announced yesterday, without warning to its stakeholders, that it...more

USCIS Suspends Premium Processing of Petitions for H-1B Extension

U.S. Citizenship & Immigration Services (USCIS) announced yesterday that it will temporarily suspend premium processing of Petitions for H-1B extensions beginning on Tuesday, May 26, 2015. USCIS will continue to process H-1B...more

Changes to Insurance Requirements for J-1 Visa Exchange Programs

In October of 2014, the U.S. Department of State revised Subpart A of the exchange visitor regulations. Changes to the reporting and English language proficiency requirements for exchange programs went into effect on January...more

USCIS Announces Temporary Suspension of Premium Processing for H-1B Extension of Stay Petitions

US Citizenship and Immigration Services (USCIS) announced yesterday that starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. Employers are urged...more

Temporary Suspension of USCIS ‘Premium Processing’ for H-1B Extensions

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a temporary suspension of its “premium processing” program as it relates to H-1B extensions in the United States. The suspension will be in effect...more

Business Travel to Australia with a Criminal Background

2015 marks the 75th anniversary of diplomatic relations between the United States and Australia. In 1940, the two countries established diplomatic relations following the United Kingdom's recognition of Australia's domestic...more

USCIS Temporarily Suspends Premium Processing for H-1B Extensions of Stay

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that, starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During...more

I-9 and E-Verify Compliance Practices for Temporary Labor and Contractors Four things to do now to minimize risk

Many of our clients rely on temporary labor solutions and outsourcing of certain functions to contractors to make their businesses work. While these workers are not your direct employees, their presence on your site doing...more

Coming to America Part II: Legal & Cultural Challenges for Emerging Companies

In our last post “Coming to America Part I,” we discussed why emerging companies would choose enter the US market to do business. In this post, we will discuss the many interrelated legal and cultural factors non-US companies...more

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