Immigration Updates

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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Where the 2016 Presidential Candidates Stand on Immigration

For those of you who missed the third and final Presidential debate, immigration was an important topic discussed by the 2016 Presidential candidates. Moderator Chris Wallace asked both candidates about their positions and...more

US Customs and Border Protection Announces Electronic Visa Update System

Enrollment is mandatory for those who hold certain visitor visas from China. The US Customs and Border Protection (CBP) recently announced a new online system for China nationals to use who hold a 10-year B1/B2, B1, or...more

Update: EB-5 Regional Center Program Receives Short-Term Extension

On September 29, 2016, as part of recently enacted federal spending legislation, the EB-5 Regional Center Program received a short-term extension through December 9, 2016. The Program has been similarly extended, with no...more

Drivers For All Seasons

An Arizona-based employer filed for H-2B visas for seasonal low-skilled drivers. The season for the application was 9 months: Fall-Winter-Spring, based on the growing season and the season of high volume sales for produce....more

New Work Permit Rules: Step forward or step back?

Work Permit Rules have been under discussion for a long time, and their publication on October 6 in the electronic data base was not a surprise. However, what was a surprise is that apparently they were adopted by the Order...more

USCIS Rolls Out the Blanket L Revised Form I-129S Effective Date

Over the summer, United States Citizenship and Immigration Services (USCIS) published an updated edition of Form I-129S, Nonimmigrant Petition Based on Blanket L Petition. The new edition is dated “6/2/16.” Blanket L visa...more

Brexit: Hard Landing/Soft Landing or Down the Rabbit Hole: What’s Ahead?

This is the third in an ongoing series of blog posts by Foley & Lardner LLP on the implications of the June 23, 2016 referendum decision in the United Kingdom (“UK”) to exit the European Union (“EU”)...more

Brexit: Future Proofing Your European Business

The dust has now settled after the seismic shift of the UK’s vote to leave the European Union (also known as “Brexit”) on 23 June. The British Government has yet to formally trigger exit, and legal challenges are underway by...more

Fines Increasing: Fresh Incentive for Employer Immigration Law Compliance

The U.S. Department of Justice (DOJ) has issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of federal immigration law. Under the Immigration Reform and...more

West Coast Real Estate Update: October 2016 #2

California Legislature Revises De Minimis Exemption of Finance Lenders Law - Real estate projects that utilize federal New Markets Tax Credit (NMTC) financing recently received a reprieve from a state licensing...more

2018 Diversity “Green Card” Lottery Registration Period: Oct. 4 to Nov. 7, 2016

Registration for the U.S. Department of State’s electronic Diversity Visa (DV) “green card” lottery for fiscal year 2018 began at 12:00 noon U.S. Eastern Daylight Time on Tuesday, Oct. 4, 2016. Entries must be submitted by...more

People’s Republic of China Affected by Electronic Visa Update System (EVUS)

U.S. Customs and Border Protection (CBP) has announced that effective November 29, 2016 all People’s Republic of China passport holders carrying a 10-year visa are now required to enroll in the Electronic Visa Update System...more

Changes to the principal residence exemption

On October 3, 2016, the Minister of Finance of Canada announced changes to the federal Income Tax Act that will affect the availability of the principal residence exemption to non-residents and those who hold their principal...more

Hurricane Matthew Relief

The U.S. Citizenship & Immigration Service (USCIS) has set out its directives to offer immigration relief measures for those persons affected by unforeseen circumstances, including natural disasters, such as Hurricane...more

EB-5 Regional Center program extended until December 9, 2016 by Continuing Resolution

Déjà vu all over again? Last Thursday, President Obama signed the Continuing Resolution, or CR, passed by Congress for the principal purpose of avoiding the shutdown of the Federal government by continuing to fund...more

New Proposed Immigration Rule Would Grant Temporary Status To International Entrepreneurs Looking To Start Companies In The United...

In August 2016, the U.S. Department of Homeland Security (DHS) announced a new proposed rule called the “International Entrepreneur Rule,” which, if passed, would benefit thousands of immigrant entrepreneurs looking to start...more

EB-5 Program Extended by Continuing Resolution to December 9 Without Changes

The U.S. Immigrant Investor Program (EB-5) has been extended through December 9, 2016, following the recent signing of a continuing resolution to fund the federal government and avoid a shutdown. The EB-5 Program provides a...more

The Advantages of H1B and L Visas

L1 and H1B visas are among the most popular visas for employers and their foreign employees. Available for highly skilled individuals, these visas make it possible for the pursuit of high-paying careers within the United...more

Immigration Reform and the American Economy

America’s broken immigration system is in desperate need of reform, and according to expert analysts, changes to the system could have a significant impact on the U.S. economy. While advocates for immigration reform are quick...more

The H-1B Lottery: How Does a Petition Get That Winning Number Anyway?

The H-1B “cap season” has become an annual event for U.S. employers seeking work authorization for highly skilled foreign professionals. Working months in advance, employers and their attorneys prepare and submit H-1B...more

Unlawful Use of Requirements Relating to Immigration Status in Recruitment May Lead to Discrimination Claims

U.S. employers must carefully screen their recruitment process and advertisement language relating to the citizenship status of job applicants. The Department of Justice’s Office of Special Counsel for Immigration Related...more

UK Home Office Launches Online Application and Check and Send Service

EEA and Swiss nationals applying for a registration certificate or permanent residence can now apply online and avoid the need to surrender their passports. The UK Home Office recently launched two new services for...more

Brexit Bulletin: Leaving the Single Market and the Customs Union

The Prime Minister has set out key principles for the government’s policy on Brexit, which indicate that the UK will not remain fully in the EU Single Market or the Customs Union, but will be negotiating a bespoke trade deal...more

BIA Ruling May Have Pushed 'Moral Turpitude' Too Far

Priya Sopori was quoted in a Law360 article on October 3, 2016, discussing a recent ruling by The Board of Immigration (BIA) stating that criminal copyright infringement is a “crime involving moral turpitude” and can lead to...more

Public Comments on New Regulations for International Entrepreneurs Due by October 17, 2016

Public comment to the U.S. Department of Homeland Security's (USDHS) Notice of Proposed Rulemaking creating a new "parole" immigration benefit for certain International Entrepreneurs is due to the agency by October 17, 2016. ...more

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