Foreign Nationals Visas

News & Analysis as of

Emergency H-2B Processing Available For Another Month

The Department of Labor (DOL) has announced that it will continue to accept emergency requests until midnight on April 29, 2016, for H-2B applications filed on or between April 2 and April 29, 2016. This extension is due to...more

USCIS Guidance on “Same or Similar” Occupations

USCIS has issued a new policy memorandum (PM) outlining relevant considerations in assessing whether a position qualifies as a “same or similar” occupation to the foreign national’s previously approved job for purposes of...more

Immigration Implications of ‘Brexit’

A “leave” vote on 23 June 2016 could have significant impact on employee and individual mobility, immigration, and UK citizenship status. Considering the charged political atmosphere around immigration issues and EU free...more

New Law Impacts Certain Foreign Nationals Traveling To The United States As Visitors Under The Visa Waiver Program

In January 2016, the United States implemented changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). Previously, certain foreign nationals could travel to the United States...more

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

EB-5 Legislative Update

While the 10,000 visas that have been set aside for the EB-5 foreign investor program are part of the permanent law, the regional center program, which allows businesses and developers to aggregate the investment proceeds for...more

2017 Diversity Visa Lottery Begins on October 1, 2015, and Ends on November 3, 2015

The Department of State (“DOS”) just released its instructions for the DV-2017 Diversity Visa (“DV-2017”) lottery. The registration period begins on Thursday, October 1, 2015, at 12:00 p.m. EDT (GMT-4) and concludes on...more

2017 Diversity Immigrant Visa Lottery Program Announced

The U.S. Department of State has announced the opening of the registration period for the DV-2017 Diversity Visa (DV) Lottery Program. The DV Lottery Program enables foreign nationals to apply for permanent residence in the...more

USCIS Suspends Final Adjudication of Employment-Based Adjustment Applications Until October 1

Starting today, September 24, 2015, USCIS will suspend final adjudication of employment-based adjustment of status applications filed on Form I-485, because the Department of State reports that the statutory cap has been...more

A Potential Federal Government Shutdown: The Immigration Implications for Employers

Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more

The State Department’s Revised Visa Bulletin Opens Temporary Window for Those Applying for Green Cards

Action Item: The U.S. Department of State (“DOS”), in coordination with U.S. Citizenship and Immigration Services (“USCIS”), has announced that it has revised “the procedures for determining visa availability for applicants...more

White House Report Offers Roadmap for Modernizing & Streamlining the U.S. Immigration System

On July 15, 2015, in an action that sought to confront a number of the U.S. legal immigration system’s lingering problems, the White House issued a report entitled “Modernizing & Streamlining Our Legal Immigration System for...more

Department of State and Department of Homeland Security Announce a Major Change to the Visa Bulletin

On September 9, 2015, the Department of State and Department of Homeland Security, acting through United States Citizenship and Immigration Services, announced that they were significantly revising Visa Bulletin procedures....more

USCIS Announces New Process for Determining Eligibility to File for Adjustment of Status in Backlogged Preference Categories

On September 9, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a major overhaul of its system for determining adjustment of status eligibility for individuals with family-based or employment-based petitions...more

DOS and USCIS Revise Permanent Residence Application Procedures

On September 9, 2015, the U.S. Department of State (“DOS”) and the U.S. Citizenship and Immigration Services (“USCIS”) jointly announced revisions to the process for determining visa availability that will speed up the...more

USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The...more

Important Changes to the U.S. Department of State’s Visa Bulletin

On September 9, 2015, the U.S. Department of State (DOS) and United States Citizenship and Immigration Services announced important changes impacting certain individuals in the permanent residence (“green card”) process. This...more

Moving Into the 21st Century

Despite the fact that parts of President Obama’s executive actions on immigration currently are being challenged in court, the administration is moving forward with its promise to modernize our antiquated immigration system....more

Even Bears Need Visas: Immigration Law Stalls Kiwi’s Dream of Playing American Football

New Zealander, Paul Lasike, always dreamed of playing American football. This 5’11”, 232 lb. Aukland native came to the United States on a scholarship to Brigham Young University, where he played rugby, but his heart was on...more

U.S. Department of State Unveils New Process For Determining Immigrant Visa Availability

As part of President Obama’s planned executive action on immigration, which was announced on November 20, 2014, the U.S. Department of State (“DOS”) has unveiled a new process for determining immigrant visa availability. This...more

Immigration Law for Startups: Common Visa Pitfalls

This is the last of a three-part series that provides guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas, or...more

U.S. Department of State to Alter Visa Bulletin System

In accordance with President Obama’s Executive Actions on Immigration proposed in November 2014, the U.S. Department of State (DOS) is expected to announce a new system for determining immigrant visa availability,...more

Significant Change to US Department of State Visa Bulletin

New class of cut-off dates to be created. According to multiple reliable sources, the US Department of State (State Department) is in the process of reengineering its system for determining immigrant visa availability...more

Immigration Law for Startups: Prime Visa Options

This is the second in a three-part series that provides guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas,...more

Obergefell Expands The Number Of Individuals Potentially Eligible To Apply For Immigration Benefits

Obergefell effectively expands the number of individuals who would be eligible to submit immigration applications on behalf of a same-sex spouse because same sex marriage is now legal across the country, rather than in a...more

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