Immigration Procedures

News & Analysis as of

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

Coming to America: Challenges in Moving Manufacturing to the U.S.

News of manufacturing companies coming to America or choosing to stay in the U.S. is plentiful of late. Why the focus on American manufacturing? And, perhaps more important, what are the legal and cultural issues facing...more

Client Alert: Amended Petitions Required When Relocating H-1B Employees

Most business immigration practitioners tell H-1B employers an amended or new H-1B petition, along with a corresponding Labor Condition Application (LCA), is required whenever there is a material change in the terms and...more

Department of State Releases August 2015 Visa Bulletin

Cutoff dates for EB-3 Philippines available, but backlogged to 2004. Cutoff dates for EB-3 China backlogged to 2004, while cutoff dates for Mexico and the rest of the world advance by three and a half months. Cutoff dates for...more

USCIS Clarifies Position on Worksite Changes and Need to File Amended H-1B Petitions

The United States Citizenship and Immigration Services (USCIS) recently issued guidance on changes in H-1B (visa) work locations in the wake of the Administrative Appeals Office's (AAO) April 9, 2015 decision in Matter of...more

Religious Workers Redeemed (Sort of) by New Immigration Policy

On July 14, 2015 U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum stating that it will no longer deny Special Immigrant Religious Worker petitions due to the lawful status provisions found in...more

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

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