News & Analysis as of

Why Your Company Should Consider Hiring Foreign IT Workers

Many employers look overseas to fill their employment needs. As we recently reported, hiring highly-skilled foreign nationals – particularly for IT jobs – can boost productivity and increase wages for the entire workforce....more

Supreme Court to Decide Whether Courts Can Review the Consular Denial of a Visa Based on Marriage to a U.S. Citizen

On October 2, 2014, the Supreme Court of the United States granted certiorari in the case of Kerry v. Din. The case involved a U.S. citizen who claimed that her liberty interest in marriage has been violated by the denial of...more

Taking 221(g) Adminstrative Processing Too Far?

The Obama administration has touted a number of new initiatives aimed at encouraging immigrant entrepreneurship and retention of high-tech workers in the U.S. These are commendable and this author applauds these efforts....more

It’s Time to Register for the 2016 Diversity Lottery!

On October 1, 2014, the U.S. Department of State will begin accepting requests to register for the 2016 Diversity Immigrant Visa Program (DV-2016), also known as the Green Card Lottery. The Diversity Lottery Program provides...more

U.S. Diversity Visa Lottery Registration Dates Announced

The Diversity Visa (DV) Lottery Registration for 2016 opens Wednesday, October 1, 2014. Entries must be submitted electronically at: https://www.dvlottery.state.gov/ between noon on October 1, 2014, and noon on November 3,...more

What Employers Need to Know if Laying Off Foreign National Employees

In today’s tenuous economic climate – and any time, for that matter – lay-offs are, unfortunately, an unavoidable part of business operations. As we reported last month, lay-offs are particularly stressful and...more

Reminder: USCIS Reviews All Immigration-Related Documentation in Employment-Based Adjustment Cases

Foreign nationals and immigration practitioners often wonder why USCIS requests all immigration status documents ever issued to an applicant when applying for adjustment of status based on employment. There is a long-standing...more

Health Care Provider Personally Liable for $1.1 Million Due to Improper Payroll Deductions from Foreign National Employees

The United States Court of Appeals, Sixth Circuit has found the owner of a medical clinic personally liable for a $1.1 million award for back pay and fines because H-1B visa and J-1 waiver fees were deducted from the pay of...more

Free Trade Agreement Visa Options

The United States has free trade agreements with a number of countries around the world. Many of these agreements create programs to create additional immigration options for foreign nationals from those countries. For...more

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

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

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