Immigration Procedures

News & Analysis as of

Immigration Update: Technical Issues Continue to Impact U.S. Visa Processing Worldwide

U.S. Department of State (DOS) continues to address the technical problems with their visa systems. As announced on June 12, 2015, the issue impacts U.S. Consulates worldwide and is not specific to any particular country or...more

Supreme Court Decides Mata v. Lynch

On June 15, 2015, the United States Supreme Court decided Mata v. Lynch, No. 14-185, holding that federal courts of appeals have jurisdiction to review the Board of Immigration Appeals’ (Board) rejection of an alien’s motion...more

Resource Update: USCIS Issues Flawed Guidance on Filing Amended H-1B Petitions Post Matter of Simeio

USCIS recently published Guidance purporting to rely on Matter of Simeio Solutions, addressing when employers must file an amended H-1B petition on behalf of H-1B workers who are transferred to a new work location not listed...more

Get to Work: Employment Authorization for H-4 Spouses

On May 26, 2015, US Citizenship and Immigration Services (USCIS) will begin accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants. Eligible individuals include H-4...more

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

Effective May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) temporarily suspended premium processing for all H-1B Extension of Stay petitions until July 27, 2015. Petitioners will not be able to file Form...more

Premium Processing of H-1B Extensions Suspended as of May 26

Last week, in anticipation of the increased workload to be created by the filing of applications for Employment Authorization Documents (“EADs”) by H-4 spouses of certain H-1B employees beginning May 26, 2015, USCIS announced...more

May 2015 Special Immigration Alert - Premium Processing Option for H-1B Extensions Is Temporarily Suspended II.USCIS Announces...

I. Premium Processing Option for H-1B Extensions Is Temporarily Suspended - On May 19, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it will temporarily suspend 15-day premium processing...more

Premium Processing Is Taking a Summer Vacation!

USCIS Announced That It Is Temporarily Suspending Premium Processing of H-1B Extension Petitions - The United States Citizenship & Immigration Service (USCIS) announced yesterday, without warning to its stakeholders, that it...more

USCIS Suspends Premium Processing of Petitions for H-1B Extension

U.S. Citizenship & Immigration Services (USCIS) announced yesterday that it will temporarily suspend premium processing of Petitions for H-1B extensions beginning on Tuesday, May 26, 2015. USCIS will continue to process H-1B...more

Temporary Suspension of USCIS ‘Premium Processing’ for H-1B Extensions

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a temporary suspension of its “premium processing” program as it relates to H-1B extensions in the United States. The suspension will be in effect...more

USCIS Temporarily Suspends Premium Processing for H-1B Extensions of Stay

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that, starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During...more

Employers Face Stricter Requirements when Hiring H-2B Workers

In response to recent litigation that created significant uncertainty around processing of applications for H-2B temporary foreign workers, the Department of Labor and Department of Homeland Security recently issued a federal...more

Proposed Changes to North Carolina’s E-Verify Requirements Could Affect More Than 100,000 Additional Employers.

A bill with significant implications for North Carolina employers is now pending in the North Carolina General Assembly, Senate Committee on Rules and Operations. If enacted, House Bill 318, the “Protect North Carolina...more

Polsinelli Podcast - The Climate for I9 Audits in 2015 [Video]

Employers are required by law to verify an employee's identity and authorization to work in the United States by completing a Form I-9. This responsibility should be taken seriously as companies can face fines for paperwork...more

New USCIS policy memorandum issued regarding adjudication of L-1B applications – part 1

The United States Citizenship and Immigration Services has recently issued a policy memorandum that attempts to clarify the basis that will allow U.S. company’s overseas employees to qualify for being classified as L-1B...more

Handling Employment Authorization Document (EAD) Issuance Delays

All workers employed in the United States must be able to present proper documents evidencing their identity and work authorization for purposes of completing the Form I-9. One such document is the Employment Authorization...more

State Department Announces Cut-Off Date for Chinese EB-5 Investors

As of May 1, 2015, the EB-5 category will have used up its annual limit of visas and the Department of State will establish a cut-off date of May 1, 2013 for Chinese EB-5 investors. This means that only Chinese nationals with...more

EB-5 Retrogresses By Two Years in May 2015 for Nationals of China

The Department of State has released its Visa Bulletin for May 2015 and, as predicted back in October 2014 by Chief of the Visa Control and Reporting Division, Charles Oppenheim, the EB-5 category will retrogress for...more

Changed locations require New H-1B Petition, Not Just LCA

The Attorney General has designated as "precedent" a decision of the USCIS Administrative Appeals Office (AAO) ruling that the change of a job's location outside the area covered by the original approved labor condition...more

Immigration Policy by Lottery?

The diversity visa green card lottery has been an important part of U.S. immigration law for the last 20 years. It allows 55,000 foreign nationals to immigrate each year and was implemented to fulfill the worthy goal of...more

Tracking the Flight of the Snowbird

It is the time of year when the seasons change…And snowbirds return to Canada from their winter havens…And I debunk the common myths about the immigration rules for visitors. For many of us non-snowbirds who weathered...more

A U.S. Employer’s Guide to Basic UK Employment and Immigration Laws

UK employment law is constantly developing and it has been challenging for employers to keep up with the changes in recent years. All employers in the UK, no matter how big or small, are required to comply with these laws or...more

Work Authorization Extended to Certain H-4 Visa Holders

Late last year, I wrote on the controversial executive actions on immigration that President Obama announced in November. As I noted then, those executive actions include several initiatives that will make it easier for...more

DOS Establishes Timeline for 2015 Poverty Guidelines

When processing immigrant visa cases subject to the Affidavit of Support Form I-864 requirement, consular posts must use the numbers representing 125 percent of poverty guidelines as the minimum income that a petitioner...more

Common Immigration Mistakes Employers Make and How to Avoid Them

Employers looking to hire foreign nationals have a number of work visa options available to them in order to bring the foreign national into the country for employment. The process of choosing the appropriate work visa can be...more

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