US Department of State

News & Analysis as of

New Guidance on ITAR Registration in the Firearms Industry

The State Department has issued new policy guidance regarding the requirement for gunsmiths and others involved in the firearms industry to register with the State Department under Part 122 of the International Traffic In...more

DUI Arrest Could Now Lead to Visa Revocation for Employees in U.S. Even Without a Conviction

Employers should be aware that foreign nationals in the United States on nonimmigrant work visas (such as H-1B, L-1, and O-1 visas) are subject to severe consequences following an arrest for driving under the influence (DUI)...more

Export Regulation Revisions: Harmonization of Destination Control Statements

New rules synchronize Destination Control Statements for EAR and ITAR. On August 17, both the US Commerce Department’s Bureau of Industry and Security (BIS) and the US State Department’s Directorate of Defense Trade...more

The EU’s Data Transfer “Privacy Shield”—Full Body Armor or a Candle in the Wind?

With the August 1st start of the Privacy Shield, the European Commission’s new and long-awaited transatlantic data transfer agreement with the U.S., businesses that had previously relied on the invalidated Safe Harbor scheme...more

Department of State Releases September 2016 Visa Bulletin

Employment-based final action dates reflect modest advancement for the end of the fiscal year. The US Department of State (DOS) has released its September 2016 Visa Bulletin. The Visa Bulletin sets out per-country...more

DHS Announces Changes to Benefit Undocumented Immigrants

On July 29, 2016 the Department of Homeland Security announced a final rule that expands eligibility or a provisional waiver of unlawful presence, (‘‘provisional waiver’’). For readers who are unfamiliar with the provisional...more

New Form I-129s for Intracompany Transferees Required for Blanket Petitions at US Embassies after August 29, 2016

The United States Citizenship and Immigration Services (USCIS) has published a revised Form I-129S, NONIMMIGRANT PETITION BASED ON BLANKET L PETITION. USCIS announced that this form must be used exclusively in applications...more

Summer Slow Down: For the first time in memory, the quota reserved for the most desired immigrant applicants retrogresses for...

The Department of State published its August 2016 Visa Bulletin and it has a few impactful surprises. This is not good news for companies and foreign nationals. Indian and Chinese foreign nationals, as usual, are the hardest...more

Foreign Entrepreneurs Series | Part 2: Immigrant Visas

In May, we began a series discussing some of the issues faced by foreign entrepreneurs when starting businesses in the United States. In that post, we discussed the importance of evaluating available visa options before...more

ITAR For Government Contractors: Revised For Recent Amendments

One of the most important areas of regulation for defense contractors is the International Traffic In Arms Regulations (“ITAR”). ITAR are the State Department controls that regulate the defense industry. Companies regulated...more

August 2016 Visa Bulletin: Retrogression in Certain Employment-Based Categories

The Department of State (DOS) has issued its August 2016 Visa Bulletin which reflects retrogression in Employment-Based First Preference (Priority Workers such as Multinational Managers) and Employment-Based Second Preference...more

Department of State Releases August 2016 Visa Bulletin

The EB-2 Worldwide category and the EB-1 China and India categories have retrogressed. The US Department of State (DOS) has released its August 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date...more

Department of State Releases August 2016 Visa Bulletin

The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other”...more

Certain Immigrant Categories Delayed Beginning in August, Likely to Return to Normal in October

The U.S. Department of State has published the monthly “Visa Bulletin” for August 2016. The Visa Bulletin is a government publication, the primary purpose of which is to provide an updated waiting list for immigrants that are...more

August Visa Bulletin: New EB-1 Cutoff for India/ China & EB-2 Cutoff for All Other

The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other”...more

Trade & Manufacturing - News of Note - July 2016

State Department Increases Penalties for Arms Export Control Act Violations - On June 7, the U.S. Department of State announced the implementation of “catch-up” adjustments to the maximum civil monetary penalties (CMPs)...more

Court of Federal Claims Rules Contracting Officer’s Failure to Exercise Independent Business Judgment Renders Partial Termination...

Securiforce Int’l America, LLC v. United States, 125 Fed. Cl. 749 (March 21, 2016) - Plaintiff Securiforce International America, LLC (“Securiforce”) was awarded a contract by the Defense Logistics Agency Energy (“DLA...more

Mission India Announces Significant Delays in US Nonimmigrant Visa Processing

Expect further delays throughout the summer. The US Department of State recently announced that US consular posts in India are experiencing unusually long wait times for nonimmigrant visa (NIV) interview appointments....more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization...

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B change of status filing on your behalf has been accepted by US...more

With the New Definitions Rules from Commerce and State, Do You Need to Change Your Export Compliance Program? (IRB No. 555)

The long-awaited definitions rules have finally arrived as part of Export Control Reform. But wait, they’re not all there—the definitions, that is. While Commerce addressed essentially all of the items included in its last...more

Immigrant Visa Processing Changes – EB2 Worldwide continues to hover close to current; EB2/3 India and China remain backlogged;...

In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the...more

Travel Alert: Extensive Visa Wait Times at U.S. Consular Posts in India

Seyfarth Synopsis: Department of State reports extensive wait times for visa appointments at consular posts in India. Foreign nationals planning to apply for a visa stamp in India this summer should expect wait times...more

Lengthy Delays for Nonimmigrant Visas at U.S. Consulates in India

Applicants for nonimmigrant visas in India are currently experiencing increased wait times for interview appointments at the U.S. Consular Posts. The Consulates in India are dealing with an extraordinary backlog that is not...more

BIS and State Department Issue Rules on Key Export Control Definitions and Cloud Computing

On June 3, 2016, the Department of Commerce’s Bureau of Industry and Security (BIS) and the Department of State’s Directorate of Defense Trade Controls (DDTC) issued new rules revising existing definitions and adding new ones...more

Department of State Releases July 2016 Visa Bulletin

July sees minor advancements in EB-3 categories following a retrogression in June. The US Department of State (DOS) has released its July 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs...more

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