Immigration International Trade

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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The Hidden Cost Of “Going Home” — the Expatriation Tax for Long-Term Permanent Residents Who Return to Their Home Countries

People immigrate to the United States for many different reasons. Many come here for work reasons and, somewhere along the way, obtain permanent resident status, otherwise known as holding a “green card.” They may work in the...more

México: Residentes de Colombia, Chile y Perú no requerirán visa para viajar a México a partir del 01 de julio de 2016

El 17 de mayo de 2016, el Diario Oficial de la Federación publicó una reforma a los Lineamientos para trámites y procedimientos migratorios, la cual permitirá a los residentes de Colombia, Chile y Perú internarse a México...more

Mexico: Residents of Colombia, Chile and Peru are no Longer Required to Hold a Visa to Travel to Mexico, Effective July 1, 2016

On May 17, 2016, the Mexican government announced amendments to the country's immigration regulations (“Lineamientos para trámites y procedimiento migratorios”), allowing residents of Colombia, Chile and Peru to be admitted...more

Immigration Update: Rule Changes for International Student Workers

Many of our clients employ international students in a status known as "F-1/OPT," which is "Optional Practical Training," a program similar to an internship that allows international students to get practical work experience...more

Ready or not, the new STEM OPT rule is in play!

As higher education institutions with international students should already be aware, the Department of Homeland Security (“DHS”) recently published a new regulation that provides eligible F-1 graduates from STEM programs in...more

Overcoming Past Indiscretions — Getting Into Canada

As many of you probably have in these past few weeks, I’ve been enjoying the NBA playoffs. Perhaps not as many of you have been wondering what I have been contemplating: how is it that NBA players with criminal pasts are...more

Immigration Laws Stifle US Business

US immigration laws have not been created with the growing global economy’s need for foreign talent in mind, and should be reformed to promote hiring the best minds for the US economy. With globalization of the modern...more

Reports of Scam Letters Being Sent to L-1A Executives

Members of the American Immigration Lawyers Association (AILA) have reported that suspicious letters are being sent to L-1A executives. The scam letters claim to be from USCIS and signed by Lori Scialabba, Deputy Director of...more

Corporate Immigration: Changing the Way America Does Business

The United States is undoubtedly a country filled with opportunity, prosperity, and diverse culture. Although America is one of the richest, most economically powerful countries in the world, it is important to recognize that...more

New STEM OPT Extension Program Requirements

The new 24-month STEM (Science Technology, Engineering, and Math) Optional Practical Training (OPT) program will take effect on May 10, 2016. The substantially revised STEM OPT program expands total OPT time to 36 months for...more

USCIS Announces FY 2017 H-1B Visa Cap Lottery Complete

On May 2, the U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the data entry of all FY 2017 H-1B cap-subject petitions for both the “advanced degree” exemption petitions as well as the...more

H-1B Cap FY2017 and Aftermath

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

Adjudicating L-1A Functional Manager Petition Requires Consideration of Role Within the Wider Qualifying International...

The USCIS issued a Policy Memorandum adopting as binding a USCIS Administrative Appeals Office (AAO) non-precedent decision that provides guidance on evidence considered when determining whether a beneficiary qualifies as...more

Labor Certification Offers Employers More Permanent Options For Skilled Workers

The foreign worker program in the United States allows employers to hire non-American workers for a variety of skilled and unskilled positions. Most employers are familiar with the H-1 temporary work visa program; however,...more

DOJ Guidance on Navigating between a Rock – Export Controls – and a Hard Place – Employment Nondiscrimination

U.S. companies, particularly defense and other high-tech companies, have long faced challenges of how to comply with both the deemed export rule, which may require employment discrimination in very limited circumstances, and...more

Pilot Program May Soon Help Streamline Employment-based Visa Process

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program called “Known Employer” to streamline the process by which employers who sponsor foreign national workers send documents and...more

Innocents Abroad: Emergency at the Border—Key Considerations

What an afternoon! When Winston Wild’s manager called me, indicating that he was detained at Pearson International Airport, we did not know what to do, which is why I called you. Thank you for calling Winston Wild so...more

EU Threatens to Revoke U.S. and Canada Visa Waivers

Today, the European Commission met to discuss whether it should continue to allow U.S. and Canadian citizens the privilege of visiting the region without the necessity of a visa. The Commission asked governments and European...more

Electronic Passports Now Required for Visitors to the U.S. Under the Visa Waiver Program

Seyfarth Synopsis in a Second: Visa Waiver Program travelers to the U.S. must now possess an e-Passport. The U.S. Department of Homeland Security (DHS) has announced that effective April 1, 2016, in accordance with the...more

Resource for Doing Business in the U.S. – Installment #6 – Immigration Matters

You have a plan for doing business in the U.S. Now who is going to help make that happen? As companies get ready to do business in the U.S. they often delay in thinking about one key matter: making sure the people needed to...more

USCIS Announces FY 2017 H-1B Visa Cap Reached

On April 7, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory quota of 65,000 standard H-1B petitions and the cap exemption of...more

Emergency H-2B Processing Available For Another Month

The Department of Labor (DOL) has announced that it will continue to accept emergency requests until midnight on April 29, 2016, for H-2B applications filed on or between April 2 and April 29, 2016. This extension is due to...more

New STEM OPT Rules: More than Just an Extra Seven Months of Work Authorization

On March 11, 2016, the U.S. Department of Homeland Security (DHS) published its final rule on enhancements to the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering...more

H-1B Cap Reached — Lottery Initiated and Premium Processing Delayed

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that it reached the statutory cap of H-1B petitions for fiscal year (FY) 2017. As predicted, the USCIS received a heavy demand for the...more

USCIS Guidance on “Same or Similar” Occupations

USCIS has issued a new policy memorandum (PM) outlining relevant considerations in assessing whether a position qualifies as a “same or similar” occupation to the foreign national’s previously approved job for purposes of...more

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