Immigration Procedures

News & Analysis as of

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

Overcoming H-1B Challenges – Qualifying Through Work Experience and the Three-for-One Rule

The most common H work visa is the H-1B which is for “specialty occupations.” In simple terms, “specialty occupation” means an occupation which requires at least a bachelor’s degree or equivalent in a professional field. ...more

Navigating H-1B Requirements: The Degree Must Relate to the Specialty Occupation

To obtain an H-1B visa, a petitioner must demonstrate that the proposed position it intends for the beneficiary to fill qualifies as a specialty occupation and that the beneficiary is qualified for that position. As defined...more

Congressman Jolly’s Bill Could Change Lives of E-2 Visa Holders

Congressman David Jolly of Florida is working on a bill that would provide a pathway for E-2 visa holders to obtain permanent residence based on the length of their residency in the United States and their economic stability....more

Avoiding an Immigration Nightmare: The Importance of Knowing When a Work Visa is Necessary

On January 30, 2015, Los Angeles Dodgers relief pitcher Joel Peralta faced what many business immigration practitioners would refer to as an avoidable immigration nightmare....more

H-1B Crunch Time Is Upon Us; Act Now Or Be On The Sidelines Until 2016

With the United States job market continuing to recover slowly but steadily, and immigration reform legislation becoming an increasingly more distant possibility in the 114th Congress, it is extremely likely that H-1B visas...more

Navigating H-1B Requirements: The Existence of a Valid Employer-Employee Relationship

To obtain an H-1B visa, a petitioner must establish that it will have an employment relationship with the beneficiary. While this seems like a very simple and easy enough thing to do, the problem is that in an employment...more

The H-1B Visa - the New Powerball The H-1B Visa: The New Powerball

The Time is Now - Based on the extremely limited nature of the H-1B filing window, employers are advised to begin laying the groundwork now to maximize the opportunity to obtain one of the highly coveted H-1B slots....more

DHS Halts Implementation of DACA Expansion and DAPA

The Obama administration announced on Tuesday, February 17th that it will comply with an injunction temporarily blocking its plan to shield millions of people who are in the United States illegally, suspending applications...more

Implementation Of DACA Expansion And New DAPA Program Delayed

Even before the President’s executive actions on immigration have been implemented, there is a new development. On Monday, a federal district court in Texas issued a preliminary injunction blocking implementation of the new...more

Department of State Releases March 2015 Visa Bulletin

Cutoff dates in the EB-2 India category advance by sixteen months, cutoff dates in EB-3 for the Rest of the World advance by five months, cutoff dates for China advance by five and a half months, and EB-3 China is still ahead...more

Overcoming H-1B Challenges – How to Prove Employer-Employee Relationship Exists for Off-Site Employees

The most common H work visa is the H-1B which is for “specialty occupations.” One of the requirements for H-1B petitions is to prove that an employer-employee relationship exists between the H-1B petitioner and beneficiary....more

Implementation of President Obama’s Immigration Reforms Temporarily Blocked By Federal District Court Preliminary Injunction

Monday, a federal district court in Texas issued a preliminary injunction in a lawsuit filed by 26 states to block the implementation of new immigration programs announced through President Obama’s November 2014 executive...more

Immigration Update 2015

Biometric Residence Permit regulations will begin rollout in March. New regulations will require individuals from overseas who apply for a visa for more than six months to obtain a Biometric Residence Permit (BRP)...more

USCIS to Begin Accepting Requests for Expanded DACA on February 2015

As previously reported, on November 20, 2014, President Barack Obama announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain...more

H1-B Cap 2016 Filings Due In April, Competition Remains Steady

Time to start preparing for the H-1B Cap for Fiscal Year 2016! Demand for the H-1B visa category has steadily increased. Last year, USCIS received 172,500 petitions for 85,000 H-1B spots. Although USCIS issues receipts in...more

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