News & Analysis as of

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

Executive Order Bans Entry of Foreign Nationals From Seven Countries

Last Friday, President Trump signed an executive order banning the entry of foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen to the United States for a period of at least 90 days. The executive order,...more

Employment Law 2016 Review

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

Will the New Executive Administration Impact the H-1B Lottery?

Human Resources professionals with U.S. companies that are reliant upon skilled foreign workers often spend the last few months of the calendar year and the beginning of the new calendar year identifying individuals who will...more

Presidential Pulse: 10 Key Ways the Trump Administration May Impact The Way You Do Business in 2017

Today marks just over a month since Donald Trump was elected as the next President of the United States. As each cabinet appointment is announced, we get more clues to help us predict which direction the Trump...more

Immigration Policy Choices Under the New Administration

Now that the election is over, focus turns to the U.S. immigration policy of President-elect Donald J. Trump’s administration over the next four years. Forecasts of this type are never easy with any new President; the task is...more

Seyfarth’s Analysis of the Short-Term Impact of the Election on Business and Employment-based Immigration

Seyfarth Synopsis: The Trump Administration will have the power to make significant changes to the business immigration landscape. Here is what we can expect. Immigration issues have become more important than ever for...more

September 2016 Special Immigration Alert

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

Lawsuits Question Procedure and Substance of H-1B Lottery

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa...more

2016 Business Immigration Updates – Getting Through the Long Days of Summer

August ushers in a host of immigration-related news and updates, ranging from fine increases to wait times for visa appointments. Stay up-to-date with some quick notes on these issues. DOJ Fines Increase as of August 1,...more

August 8 Deadline for 7-Month, STEM OPT Extension

Due to recent changes in the Optional Practical Training (OPT) program, F-1 students currently participating in the STEM OPT extension are eligible to apply for an additional 7-months of work authorization. The deadline to...more

STEM OPT 7-Month Extension Application Deadline Coming Up on Monday, August 8

On March 11, 2016, U.S. Department of Homeland Security (DHS) published a final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics...more

Deadline to Apply to Add Seven Months to 17-Month STEM OPT Extension is August 8, 2016

The new 24-month STEM (Science Technology, Engineering, and Math) Optional Practical Training (OPT) program took effect on May 10, 2016. The substantially revised STEM OPT program expands total OPT time to 36 months for F-1...more

New Requirements for Employers of STEM OPT Students — Seven Extra Months for Seven Extra Requirements

The new STEM Optional Practical Training (OPT) regulation extends the practical training for F-1 students with qualifying degrees from 17 months to 24 months. It also introduces an employer requirement to complete a training...more

When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and...more

I-9 Compliance Wisdom from Meeting Between AILA, USCIS and ICE

On May 3, 2016, the American Immigration Lawyers Association (AILA) Verification and Document Liaison Committee met with USCIS’ Verification Division and U.S. Immigration and Customs Enforcement (ICE), Homeland Security...more

Immigration Update: Rule Changes for International Student Workers

Many of our clients employ international students in a status known as "F-1/OPT," which is "Optional Practical Training," a program similar to an internship that allows international students to get practical work experience...more

New 24-Month F-1 STEM OPT Extension Rule Now Effective; Employers Required to Implement Training Plan for Eligible F-1 STEM OPT...

The long-awaited final rule on the F-1 STEM (Science, Technology, Engineering and Math education) Optional Practical Training (OPT) Extension, authorizing a new 24-month STEM extension for qualified foreign students, took...more

Ready or not, the new STEM OPT rule is in play!

As higher education institutions with international students should already be aware, the Department of Homeland Security (“DHS”) recently published a new regulation that provides eligible F-1 graduates from STEM programs in...more

Immigration Laws Stifle US Business

US immigration laws have not been created with the growing global economy’s need for foreign talent in mind, and should be reformed to promote hiring the best minds for the US economy. With globalization of the modern...more

Major Modifications to Immigration Programs May Cause Major Headaches

Today, I’m delighted to bring you what I hope will be the first of several updates for employers from the immigration law perspective. One of my newest colleagues, Ashley Mendoza, along with my law partner Brenda Eckert,...more

Approaching the U.S. Department of Homeland Security’s New STEM OPT Extension Regulations with Caution

On Tuesday, May 10, 2016, the U.S. Department of Homeland Security (“DHS”) will implement major modifications to Optional Practical Training (“OPT”) extensions for students on F-1 visas enrolled in science, technology,...more

U.S. Government Expands Job Opportunities for Foreign STEM Students

As HR Legalist has reported, the H-1B Cap has been met for FY2017. USCIS received over 236,000 petitions. From among this number were selected the congressionally mandated limit of 65,000 regular cap H-1B petitions, and an...more

H-1B Cap FY2017 and Aftermath

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

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