Immigration Procedures

News & Analysis as of

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

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

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