Immigration Elections & Politics

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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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

CBP releases FAQ on Visa Waiver Program: Rule Changes

On December 18, 2015, President Obama signed the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015” into law. On January 21, 2016, the Department of Homeland Security (DHS) and Department of State...more

What Implementation of the Iran Nuclear Deal Means for Non-U.S. Companies

On January 16, 2016, the International Atomic Energy Agency (IAEA) verified, and U.S. Secretary of State John Kerry confirmed, that Iran had implemented its key nuclear-related measures described in the Joint Comprehensive...more

Supreme Court Agrees to Review Major Immigration Case Just as the Presidential Election Heats Up

Immigration is already a major issue in this year’s presidential race, as candidates from both parties try to score political points out of the presence of roughly eleven million undocumented immigrants in the country and the...more

Changes to the Visa Waiver Program Become Law

On December 18, 2015, President Obama signed the “Consolidated Appropriations Act, 2016” (H.R. 2029) into law. The law includes several important changes to the Visa Waiver Program (VWP) that are fundamentally identical to...more

President Obama's Last State of the Union Address

On the evening of January 12, 2016, in his seventh and final State of the Union (SOTU) address, President Barack Obama delivered a look back at what he hopes will be remembered as his legacy accomplishments in office, as well...more

What Does California’s New E-Verify Law Mean For Employers?

Our blog post on January 5, 2016 summarized California’s new E-Verify law and other updates. So what should California employers do differently now with respect to I-9s and E-Verify? Enrollment in E-Verify remains voluntary...more

New Restrictions for Travelers Entering the USA on the Visa Waiver Program

The Visa Waiver Program (VWP) allows citizens of qualifying countries to travel to the United States for business or pleasure without a visa for stays of up to 90 days. The 2016 Consolidated Appropriations Act (H.R. 2029)...more

2016 Federal Spending Bill Will Impact Immigration Programs

The fiscal year 2016 Department of Homeland Security (DHS) Appropriations Bill funds the Government’s immigration provisions, among others, through September 30, 2016. It will saddle many immigration programs with harsh fees...more

Appeals Court Rejects Obama’s Immigration Plan

A United States Court of Appeals has ruled that President Obama cannot move forward with plans to overhaul immigration rules by providing up to five million people with work permits and protection from deportation. According...more

Congress Extends EB-5 Program without Changes until September 2016

Action Item: The nine-month extension of the EB-5 Program provides a temporary reprieve to the real estate developer and foreign investor communities while Congress and industry groups grapple with a more comprehensive...more

Congress Passes Legislation Affecting Visa Waiver Program

Certain key provisions of the omnibus spending bill will affect travel without visas, e-Passport requirements, EB-5 investors, and H-1B and L-1 “dependent” employers. Included in the omnibus spending bill, which the US...more

AB 622 Restricts the Use of E-Verify

Assembly Bill 622, which takes effect on January 1, 2016, adds section 2814 to the California Labor Code. Section 2814 prohibits employers from using E-Verify to check the employment authorization status of an existing...more

The Omnibus Spending/Budget Bill: Summary of Immigration Riders

The Omnibus Spending/Budget Bill (“Bill”) that Congress passed today contained many significant immigration components, including extensions of the following vital programs...more

Congress Approves Spending and Tax Measures; Key Labor and Employment "Riders" Omitted from Bipartisan Funding Agreement

Considered the last legislative feat of 2015, Congress approved a massive tax and spending package on Friday that includes some positive and negative provisions for employers. The Omnibus Appropriations Act funds the federal...more

Immigration Issues Included in the Omnibus Appropriation Bill

Congress has agreed on the omnibus appropriations bill, which will provide discretionary funding for the government through the end of the fiscal year, September 30, 2016. The bill includes a number of immigration-related...more

Congress Reaches Bipartisan Deal on 2016 Omnibus Bill

On Tuesday, December 15, 2015, Congressional leaders reached an agreement on a year-end spending and tax deal that would prevent a government shutdown and extend a series of federal programs. The deal extends several...more

Budget bill brings both relief and disappointment (or Congressional leadership is both naughty and nice*)

Congressional leaders worked late into the night Tuesday to reach agreement on the federal budget (or omnibus appropriations in Washington-speak). Although the bill has not become law, passage is expected this week....more

House Passes Bill Enhancing Security of Visa Waiver Program in Wake of Paris Terror Attacks

In the wake of the Paris terrorist attacks, the U.S. House of Representatives passed a bill on Tuesday, December 8, 2015, to tighten security measures and impose new restrictions on the Visa Waiver Program (VWP). The VWP...more

South Carolina Legislative Update

The South Carolina General Assembly is preparing for their second regular session and will officially convene on January 12, 2016. The House and Senate’s various committees have diligently debated the following during the...more

Find Out What Is Hidden Within The New FAST Act

On December 4, 2015, the President signed into law the Fixing America’s Surface Transportation Act, or FAST Act. There’s not much in there about taxes, but here are the plums hidden in the Act’s 1,300 page text...more

Proposed Changes to Visa Waiver Program, Enhanced Security Measures Will Impact Airlines

The White House is proposing changes to the Visa Waiver Program (VWP) as well as enhanced security measures that would tighten the entry requirements for U.S.-bound alien travelers. Under VWP, travelers from 38 countries may...more

EB-5 Regional Center Program Update: As Deadline for Expiration Approaches, Congressional Action Likely

Now just days away from the December 11th expiration of a short-term Continuing Resolution (CR) that has been funding federal activities since the start of the current fiscal year on October 1st, Congress is feverishly...more

Legislation Proposed to Reform H-1B and L-1 Visa Programs

In November, Senator Dick Durbin (D-Ill.), Chairman of Senate Judiciary Committee, and Senator Chuck Grassley (R-Iowa), Assistant Democratic Leader, introduced a new bipartisan legislation seeking to reform and reduce fraud...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

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