News & Analysis as of

Department of Homeland Security Now Accepting Comments on Its Proposed Filing Fee Increase

Earlier this month, the Department of Homeland Security (DHS) issued notice of a proposed rule that would update the application fee schedule for U.S. Citizenship and Immigration Services (USCIS), noting an overall...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

USCIS Guidance on “Same or a Similar” Occupation for AC21 Welcomed

In a welcome move, on March 18, 2016 U.S. Citizenship and Immigration Services (USCIS) released policy guidance for its officers to help them decide “green card portability” cases....more

Department of Homeland Security Issues Proposed Regulations Regarding Retention and Portability of High-Skilled Workers

On December 31, 2015, the Department of Homeland Security (“DHS”) issued proposed regulations to address the retention and portability of high-skilled foreign workers. The new regulations were promulgated in furtherance of...more

2nd Circuit Court Requires I-140 Revocation Notice: Analysis

On December 30, 2015, the US Court of Appeals for the 2nd Circuit ruled that US Citizenship and Immigration Services (SUCIS) must notify either the beneficiary of an approved I-140 or successor employer, of any intent to...more

High-Skilled Foreign Workers: New Rules From USCIS on H-1B Work Visas, AC21, I-140 Petitions and EADs

The long-awaited proposed rule — “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (aka I-140/AC21/EAD Proposed Rule) — was published in the Federal...more

DOL Proposes New Rule for Certain Immigrant and Nonimmigrant Programs Affecting Employment

The Department of Homeland Security (DHS) recently issued a proposed rule to amend employment-based immigrant and nonimmigrant visa programs. The new rule is intended to benefit both U.S. employers and foreign national...more

The Department of Homeland Security offers important guidance relevant to foreign national job portability

On November 20, 2015, the Department of Homeland Security ("DHS") issued a significant draft policy memorandum ("PM") containing proposed guidance on the definition of "same or similar" under INA Section 204(j), which is...more

Client Alerts Update: Filing Date Retrogression: U.S. Department of State Releases Revised Visa Bulletin for October 2015

On September 25, 2015, the U.S. Department of State (DOS) released a revised Visa Bulletin for October 2015. This bulletin supersedes the October 2015 bulletin originally published on September 9, 2015. Following...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

UPDATE: U.S. Department of State Alters Visa Bulletin System

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

Department of State Releases October 2015 Visa Bulletin

A new category of “filing” cutoff dates has been introduced to allow for earlier filing of adjustment of status applications and immigrant visa applications. The US Department of State (DOS) has released its October 2015...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

USCIS to Grant Employment Authorization to Spouses of Certain H-1B Workers

U.S. Citizenship & Immigration Services (“USCIS”) announced Tuesday, February 24th that spouses of certain H-1B workers will be eligible to apply for employment authorization effective May 26, 2015. Those eligible are spouses...more

What Is the Difference between the EB2 and EB3 Preference Categories?

When a foreign national working in the United States wishes to obtain a green card to stay in the country permanently, he or she often does so through the PERM labor certification process. While there are other avenues for...more

How to File a Subsequent I-140 to Convert Visa Classification

“The waiting is the hardest part,” says the popular Tom Petty song. Well, the same is often true after you have filed the I-140 petition for an employment-based visa. In fact, in some cases, foreign nationals from specific...more

17 Results
View per page
Page: of 1
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.