Foreign Nationals

News & Analysis as of

Immigration Update: New Rule on Unfair Immigration-Related Employment Practices Effective January 18, 2017; Changes to National...

On December 19, 2016, the Department of Justice (DOJ) issued a final rule that revises the DOJ's regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to unfair immigration-related...more

DHS Announces Changes to U.S. & Cuba Migration Policies

On January 12, 2017, the U.S. Department of Homeland Security (DHS) announced changes to the policies and regulations affecting Cuban nationals. DHS stated the “changes represent another important step in the normalization of...more

Law Firm Data Breaches Demonstrate the Expanding Scope of Cyber Attacks

In a case of “cyber meets securities fraud,” the United States Attorney’s Office for the Southern District of New York (“SDNY”) recently indicted three foreign nationals on charges of insider trading, wire fraud, and computer...more

Matter of Dhanasar: A New Standard for National Interest Waivers in the United States

On December 27, 2016, the AAO issued a decision that modifies the standards for granting a National Interest Waiver (NIW) in Matter of Dhanasar. This decision will impact thousands of applicants seeking U.S. permanent...more

USCIS Overhauls Eligibility Standard for National Interest Waivers

In a recent precedent decision issued through its Administrative Appeals Office (AAO), U.S. Citizenship and Immigration Services (USCIS) has created a new and flexible analytical framework for determining whether a foreign...more

New National Interest Waiver Standard: Removing obstacles for many talented immigrants

Despite a wide variety of opinions about immigration, most people agree that a person who will benefit the national interest should be allowed to immigrate. While immigration law includes a path for immigration in the...more

How Will Criminal Trade Secret Prosecutions Fare Under President Trump?

For many companies, protecting intellectual property is a significant concern made more difficult in recent years by the persistent efforts of foreign agents to steal valuable trade secrets. Analysis of public sources...more

H-1B Cap Season - It's Time to Prepare for April 2017

On April 3, 2017, the filing period will begin for new H-1B petitions to be counted against the annual H-1B quota (H-1B cap) for the fiscal year beginning October 1, 2017. We strongly encourage employers to begin determining...more

Changes to National Interest Waiver Standard

The USCIS Administrative Appeals Office (AAO) issued a precedent decision overruling the longstanding standard for EB-2 National Interest Waiver green card cases and creating a more realistic three-part test to demonstrate...more

USCIS Establishes New Standard for EB2 National Interest Waiver Cases for Certain Individuals Whose Work is of National Importance

On December 27, 2016, U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) issued a decision in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), addressing the National Interest Waiver (NIW)...more

U.S. Immigration & The Trump Administration

With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more

A Closer Look at the USCIS Final Rule on High-Skilled Immigration

On November 18, US Citizenship and Immigration Services (USCIS) published a final rule that significantly affects the ability of employers to employ and retain foreign national workers in the United States (Final Rule)....more

UK Autumn Statement 2016: inheritance tax and business property relief | Insights | DLA Piper Global Law Firm

In the 2016 Autumn Statement, The Chancellor announced that reforms, originally proposed in Summer Budget 2015, to inheritance tax and business investment relief for non-UK domiciled individuals will come into effect from 6...more

The Latest from Canada, Cuba, and the United Kingdom - Updates to Previous Announcements

In various bulletins earlier in the year, we let you know about some significant changes that were coming in Canada, Cuba, and the United Kingdom, and we promised to keep you updated as the situations continued to develop....more

Immigration Policy Choices Under the New Administration

Now that the election is over, focus turns to the U.S. immigration policy of President-elect Donald J. Trump’s administration over the next four years. Forecasts of this type are never easy with any new President; the task is...more

The Potential Impact of the U.S. Presidential Election on Business Immigration

Immigration changes are widely expected to be a key focal point in President-elect Donald Trump’s administration. Although we do not yet have details on how specific policies and programs will be affected, below is a summary...more

Immigration Policy and President Trump – Deciphering and Reconfiguring our Immigration System

During his campaign, President-elect Trump had promised to place the issue of immigration at the top of his agenda once sworn in as president in January 2017. Some programs may be immediately repealed and others will require...more

Holiday Travel Tips for Foreign Nationals

As the holiday season is approaching, foreign national employees with international travel plans should ensure that they have all necessary immigration documents for reentry to the United States. As this may require attending...more

Listing foreign workers

Government proposals for business owners to disclose what percentage of their workforce is non-British received short shrift!...more

Now Required: Canada – Electronic Travel Authorization (eTA) for US Citizens and Citizens of Visa Waiver Countries

Effective November 9, 2016, all visa-exempt foreign nationals (including U.S. citizens) who fly to or transit through Canada will now be required to secure an Electronic Travel Authorization (eTA) before boarding a flight to...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

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

New Canadian Entry Requirement: Leniency Period Extended to November 9, 2016

Seyfarth Synopsis: The Electronic Travel Authorization (the “eTA”), Canada’s new entry requirement for visa exempt nationals entering Canada by air, was announced in March 2016. The eTA effective date has been extended to...more

An Update to our Latest Article on Electronic Travel Authorization Becomes Mandatory

Only days before the electronic Travel Authorization (eTA) requirement was to become mandatory for all visa-exempt foreign nationals* the Government of Canada announced its decision to extend the leniency period to November...more

Labor & Employment E-Note - September 2016

The Department of Homeland Security ("DHS") recently announced a proposal that would allow foreign entrepreneurs to enter the United States to operate high-growth, job-creating startup enterprises. As with other business...more

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