Immigration Updates

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
News & Analysis as of

Border Searches of Your Electronic Devices — What Rights Do You Have?

The United States government has reported that border searches of electronic devices in the U.S. increased from 4,764 in 2015 to 23,877 in 2016. Because electronic devices have immense data storage capacity and can hold...more

President’s FY 2018 Budget Plan Requests $15 Million to Support Future Implementation of Mandatory Nationwide Use of E-Verify

On March 17, 2017, the Office of Management and Budget (OMB) published the first installment of the Trump Administration’s FY 2018 Budget plan: “America First: A Budget Blueprint to Make America Great Again.” The Budget...more

USCIS Publishes Rule for International Entrepreneurs

On January 17, 2017, the United States Citizenship and Immigration Services (USCIS) published the final rule for international entrepreneurs. The rule takes effect on July 16, 2017. Under the rule, entrepreneurs will be...more

Future of H-4 Work Permits Uncertain

In 2015, the Obama Administration DHS issued the H-4 EAD Rule allowing certain spouses of H-1B holders to obtain EADs and work while waiting to become permanent residents. Soon thereafter, a group of high-tech workers, Save...more

Searches of Devices at the U.S. Border

Seyfarth Synopsis: Although longstanding policy of U.S. Customs and Border Protection authorizes searches of electronic devices in the possession of travelers arriving in the United States, recent reports of such searches...more

US and UK Limit the Size of Electronic Devices in Carry-On Luggage in Airplanes Originating from Eight Muslim-Majority Countries

A new travel restriction went into effect at 3:00 am EST on Tuesday barring passengers on foreign airlines coming to the United States from carrying electronic devices larger than a cellphone. According to Department of...more

Business Visas to Europe This Summer?

“Reciprocity” Could Hit Hard for the Unaware - Currently, U.S. visitors traveling to Europe on business or as tourists, in most cases, do not need a visa to travel to most countries in the European Union. However, this...more

OSC Stresses Need to Comply with Federal E-Verify Requirements Regardless of Potential State Conflicts

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) used a case involving the apparent conflict between federal E-Verify rules and a Missouri state law to...more

New Travel Ban/Executive Order Stayed by Courts

On March 15, 2017, the U.S. District Court for the District of Hawaii blocked the Trump Administration's new travel ban, Executive Order No. 13,780 (EO). The Court issued a nationwide temporary restraining order that blocks...more

President Trump Signs Second “Travel Ban” Executive Order; Hawaii and Maryland Federal Courts Block Ban Temporarily; DOJ Expected...

On March 6, 2017, President Donald Trump signed a new “Travel Ban” Executive Order with an effective date of March 16, 2017. The order revoked a previous executive order signed on January 27, 2017, which was blocked by the...more

Extending Work Authorization for Recent Graduate Working on OPT

Many of you are planning on filing Fiscal Year (FY) 2018 H-1B cap cases for recent graduates working for you on a post-degree completion Optional Practical Training (OPT) Employment Authorization Document (EAD). Those...more

The Employment Law Authority - March/April 2017

EXECUTIVE ORDERS MARK A RISING, ROILING TIDE OF IMMIGRATION ENFORCEMENT ACTIONS - In his first week in office, President Donald Trump launched a series of executive orders (EO) directing large-scale changes on...more

What’s New in Washington: 10 Things You Need to Know

The Trump presidency is halfway through its first 100 days. The legislative and executive branches are under a unified Republican government for only the second time since the Eisenhower administration, and the GOP is seeking...more

Italy introduces a 'New Resident' regime to attract high net worth individuals

On March 8, 2017, Italian tax authorities released the implementation rules to the newly introduced Italian “new resident” regime to attract high net worth individuals to Italy. The primary benefit of the regime is an annual...more

Considerations for Foreign Travelers to the U.S. Under the New Administration

Travel to the United States, with its new immigration enforcement-minded administration, will require foreign travelers to be even more aware of the rules governing border protection, and take advantage of the travel programs...more

[Webinar] The Trump Experience: How U.S. Law Will Change - April 11th, 12:30pm ET

Change is a given with every new presidential election. Under the Trump Administration, many questions have been raised that impact local and global organizations. Join LeClairRyan for an in-depth discussion on key regulatory...more

DOJ Appeals Injunction of President's New Executive Order Banning Nationals from Certain Countries

The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign...more

Employee Visa Delays In Store for Employers

Changes in processing times for H1-B petitions are the latest immigration challenge for employers. Starting April 3, no longer can employers take advantage of "Premium Processing" – a 15-day expedited service formerly...more

Employment Law Navigator – Week in Review: March 2017 #3

Last week, Quartz reported on a new academic study about gender-based differential treatment in the finance industry. According to the study, women working as financial advisors are 50% more likely than men to lose their...more

Travel Ban During H-1B Season

Words matter. The words of President Trump as President of the United States and as candidate Trump have been heard by the Courts, not of public opinion, but of the US District Court of Hawaii. In the Court Order enjoining...more

Breaking Immigration Developments: President Trump’s Second Travel Ban Halted

In an unprecedented development last week, a Federal District Judge in Hawaii issued a nationwide restraining order halting President Trump’s second travel ban. The successful challenge, brought by the State of Hawaii, once...more

Administration’s Revised ‘Travel Ban’ Temporarily Blocked in Federal Court

Two sections of the March 6 executive order regarding US travel by nationals of certain countries and refugee admissions were enjoined pending further litigation....more

Update: President Trump's Revised Executive Order on Travel is Temporarily Blocked

Late on March 15, 2017, the United States District Court for the District of Hawaii issued a nationwide temporary restraining order ("TRO") in Hawaii v. Trump ("Hawaii"), prohibiting the government from implementing Sections...more

Immigration Fact or Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of...more

Crossing the Border with Electronics - Helpful Tips and Pitfalls to Avoid

International travelers have been reporting that cell phones, computers, and other communication devices are being seized by Officers of the U.S. Customs and Border Protection (“USCBP”) branch of the U.S. Department of...more

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