Immigration Procedures

News & Analysis as of

New Challenges for Immigration Law

A split vote between the eight Supreme Court justices has added to the challenges facing President Obama’s immigration plan. Without a majority vote in favor, it is possible that the Deferred Action for Parents of Americans...more

Changes to the Tier 2 and Tier 5 immigration regime

On 24 March 2016, the government responded to the Migration Advisory Committee's (MAC) review of Tier 2 policy and has announced numerous changes to Tier 2 policy going forward....more

USCIS Announces FY 2017 H-1B Visa Cap Reached

On April 7, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory quota of 65,000 standard H-1B petitions and the cap exemption of...more

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

Changes to Immigration Law Block Journalist’s Entry to the U.S.

A BBC journalist was recently rejected from boarding a plane to the U.S. under new immigration rules rules passed in 2015. Rana Rahimpour, a London based journalist with dual British-Iranian citizenship, was attempting to fly...more

Brexit Broker; UK Leader Strikes a Deal (Maybe)

This policy insight highlights some of the key political issues relating to the United Kingdom’s (UK) imminent referendum to decide whether to withdraw from the European Union (EU). After weeks of discussions and...more

Immigration Update: Trying to Cut the Red Tape: Department of Labor Announces Emergency Procedures for Backlogged H-2B...

The Department of Labor (DOL) has recently been experiencing considerable delays in its processing of applications for H-2B status for temporary nonimmigrant workers. The H-2B program allows U.S. employers to bring foreign...more

Expect the Unexpected – Delays in Processing O and P Petitions

The American Immigration Lawyers Association has sent out an alert that O and P petitions are currently taking approximately eight to ten weeks to be processed, which is much longer than the Vermont and California Service...more

Proposed New Rule May Save the STEM OPT Program

The optional practical training (OPT) program allows students here on an F-1 visa (who have either graduated or been pursuing a degree for 9 months) to work in their chosen field of study for one year. In 2008, the U.S....more

EB-5 Regional Center Program Gets Short-Term Extension from Congress

Congress passed a short-term extension late yesterday to keep the EB-5 Regional Center Program (the EB-5 Program) from expiring. The Continuing Resolution will extend the EB-5 Program (and fund the U.S. government) through...more

Avoiding Immigration Scams

It’s a sad fact, but immigration scams are all too common. People and businesses try to prey on individuals seeking to come to the United States on immigrant or non-immigrant visas, as well as those within the United States...more

My Company Wishes to Hire Foreign National Workers – Now What? Navigating the U.S. Visa Alphabet Soup

Many employers are reluctant to hire foreign national workers because they are intimidated by the difficult and uncertain nature of immigration law. Our clients often find that with proper strategic direction from counsel and...more

Obama Proposal Would Allow More Illegal Aliens to Stay in US While Seeking Legal Status

A proposal by President Barack Obama would expand the number of illegal aliens who are permitted to remain in the United States while applying for legal status. Federal law currently requires aliens who entered the country...more

New Immigrant Application Filing Dates Announced for October

Some hoped-for change is finally here. U.S. Citizenship and Immigration Service (USCIS) and the U.S. Department of State (DOS) have coordinated a system to allow “early” filing of the final step in the green card process for...more

Payment Process for Immigrant Fees Simplified

In its continuing effort to increase user-friendliness, USCIS has simplified the process for paying the USCIS Immigrant Fee –currently $165 – online in its electronic immigration system. The streamlined process is aimed at...more

NVC Errors Continue

The National Visa Center (the “NVC”) recently issued letters to immigrant visa applicants indicating that termination proceedings have been initiated. The affected individuals subsequently received e-mails from the NVC...more

The “Reed Amendment” and Admissibility to the United States: Will I Be Barred From Reentry After Renunciation?

A common concern about renunciation of U.S. citizenship is that of admissibility to the United States thereafter. Many people tell me that they have read about a permanent ban on reentry to the United States following...more

At the edge of a new frontier: USCIS begins transition to Electronic Immigration System

In July 2015, the White House announced a series of technology initiatives aimed at modernizing the application process for certain immigration benefits. As part of this effort, the United States Citizenship and Immigration...more

USCIS Final Guidance on L-1B Adjudications Offers Some Comfort—But No Cure—for Employer Concerns

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum aiming to clarify the standard required for L-1B specialized knowledge visas. The memorandum notably begins by reminding...more

USCIS Releases Draft EB-5 Policy Guidance Clarifying Immigration and Project Related Issues Raised by Retrogression

Popularity of the EB-5 Immigrant Investor Program has surged in recent years among foreign investors from mainland China. As a result, the demand for EB-5 visas by foreign investors born in mainland China has exceeded total...more

August 2015 Immigration Alert

I. USCIS Issues Guidance on When an Amended H-1B Petition Is Required After Matter of Simeio Solutions, LLC - On July 21, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) released a policy memorandum...more

Special Immigration Alert: Federal District Court Overturns Regulation Permitting 17-Month F-1/OPT STEM Extensions

On August 12, 2015, the U.S. District Court for the District of Columbia rendered its decision in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, Civil Action No. 14-529 (D.D.C. Aug. 12,...more

Deadline for Nationals of Liberia, Guinea, and Sierra Leone to Register for TPS is August 18, 2015

August 18, 2015, is the deadline for eligible nationals of Liberia, Guinea, and Sierra Leone to register for Temporary Protected Status (“TPS”). Also included in this group are people without nationality who last habitually...more

Proposed Expansion of E-Verify Services and Obligations Could Add New Burdens for Employers

U.S. Citizenship and Immigration Services (USCIS) recently announced its intention to expand not only its E-Verify communication services but also implement new obligations for employers that participate in the E-Verify...more

Changes on the Horizon for EB-5 Immigrant Investor Visa Program

The Obama Administration released a report on July 15 titled “Modernizing & Streamlining our Immigration Legal System for the 21st Century.” The Report, which builds upon the President’s executive action on immigration...more

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