News & Analysis as of

August 2014 Visa Bulletin: Advancement of EB-3 China and EB-2 India Cut-off Dates

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either...more

Settlement Highlights Need for Compliance with U.S. Export Control Rules When Sponsoring Foreign Workers

The U.S. Department of Commerce’s Bureau of Industry and Security recently reached a $115,000 civil settlement agreement with a California-based global technology company on the basis that it violated several export control...more

How Can I Bring My Family to the U.S. If I Have a Temporary Work Visa?

When a foreign national comes into the U.S. under a temporary work visa, the individual often wants to bring his or her family into the U.S. as well. Depending on the work visa obtained, the duration of the stay, and the...more

May Visa Bulletin Released

The Department of State has released its May 2014 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications. Foreign nationals are...more

Now Is The Time To Initiate H-1B Cap Petitions For Foreign Students or Foreign National Candidates Currently Abroad

The U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for Fiscal Year 2015 starting April 1, 2014. The allotted number of H-1B petitions that the USCIS will accept, known as the “H-1B...more

Retrogression for EB-2 Petitions from India

Many foreign nationals from India were disheartened to learn that the priority cut-off date for the EB-2 work visa recently retrogressed by nearly four years, further delaying the approval process....more

Department of State Releases March 2014 Visa Bulletin

Bulletin shows minor to moderate advancement of cutoff dates in all EB-2 and EB-3 categories, with the exception of EB-2 India, which will remain unchanged. The U.S. Department of State (DOS) has released its March...more

Immigration Alert: January 2014

I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 - As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The...more

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

Beware: When Sending Employees to the US: Business Visitors under Scrutiny

It has never been clear what activities are permitted while traveling to the US as a Business Visitor within the B-1 visa classification. However, Infosys Corporation (“Infosys”) is the first company to feel the wrath of the...more

Starting A Business In the United States? The Top 6 Things You Should Consider

In addition to the regular business start-up issues, foreign nationals who want to start or expand their businesses in America often find themselves trying to navigate the complicated regulatory scheme that includes...more

What You Need to Know Before Coming to the U.S. to Work

Each year millions of people come to the United States to work. But before you arrive in the United States to begin employment, there are several things that you need to know. The Chicago employment-based immigration lawyers...more

State Department Releases January 2014 Visa Bulletin

The Department of State has released its January 2014 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications. Foreign nationals...more

L-1 Visas… No Longer The Go-To Visa for Multi-National Companies?

In August, the Office of Inspector General issued a report on L-1 visas that will undoubtedly affect the future availability and adjudication process of such visas in the future. The L-1 visa category is used by...more

Who’s Authorized to Work in the U.S.? A Guide for Employers and Foreign Nationals

There are numerous opportunities for employers to hire foreign nationals who are legally authorized to work in the U.S., but understanding the various eligible classifications and complying with verification procedures can be...more

2014 H-1B Visa Deadline and Quota Estimations

The H-1B non-immigrant visa is available to foreign workers who are employed by U.S. companies in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or...more

Special Immigration Alert: 2015 Diversity Visa Lottery Begins on October 1, 2013, and Ends on November 2, 2013

The Department of State ("DOS") has announced the registration period for the DV-2015 Diversity Visa ("DV-2015") lottery. It will begin on Tuesday, October 1, 2013, at 12:00 p.m. EDT (GMT-4), and will conclude on Saturday,...more

Department of State Releases October 2013 Visa Bulletin

There is no significant movement in cutoff dates in the employment-based categories; spouses and children of permanent resident family-based sponsors no longer remain current. The U.S. Department of State (DOS) has...more

USCIS Warns Foreign Nationals and Employers of Recent Telephone Scams Requesting Payment for Supposed Immigration Issues

The U.S. Citizenship and Immigration Services (USCIS) recently learned of a new telephone scam targeting individuals and employers with applications pending with the USCIS. ...more

O-1A Visa for Individuals with Extraordinary Ability

The O-1A visa category is available to foreign nationals with extraordinary ability in the arts, sciences, education, business, or athletics who want to work in the United States....more

Department of State Releases September 2013 Visa Bulletin

EB-3 category for individuals from most countries advances significantly, and EB-2 category for individuals from India advances by five-and-a-half months. The U.S. Department of State (DOS) has released its September...more

New Chinese Immigration Law Changes Residence Permit Procedures for Foreign Nationals

The new Chinese “Exit and Entry Administration Law of the People's Republic of China,” which took effect on July 1, 2013, will result in major changes to the residence permit procedures for foreign nationals who intend to...more

Immigration Alert: July 2013

I. SCOTUS Holds DOMA Unconstitutional - On June 26, 2013, the Supreme Court of the United States ("SCOTUS") held that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional. United States v. Windsor,...more

Implementation of DOMA Decision

Statement from Secretary of Homeland Security Janet Napolitano: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed...more

Do You Want to Start A Business? Top 10 Questions & Answers For Business Start-Ups

When starting a new business, our clients often have several questions and more often than not their questions are the same. This article summarizes some of key questions and answers that our clients have asked us....more

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