United States Citizenship and Immigration Services

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
News & Analysis as of

Job Relocations May Trigger Need for Amended H1-B Petition

Before moving an employee with an H1-B visa to a different office or worksite, the employer may have to file an amended H1-B petition, according to a recent US Citizenship and Immigration Services (USCIS) Administrative...more

Keeping Multi-national Families Together - The Supreme Court’s Ruling in Favor of Same-Sex Marriage Confirms the Federal...

On Friday, June 26, 2015, the U.S. Supreme Court ruled that there is a constitutional right to same-sex marriage under the 14th Amendment (“equal protection under the law” and the right to “due process of law”), striking down...more

I-9 Update: Green Cards Do Not Always Have a Signature

U.S. Citizenship & Immigration Services (“USCIS”) recently released an alert advising employers that green cards do not always have a signature. For example, USCIS will waive the signature requirement for children under the...more

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

Update on Temporary Protected Status

On Wednesday, June 24, 2015, the Department of Homeland security designated Nepal for Temporary Protected Status (“TPS”) for a period of 18 months, effective June 24, 2015 through December 24, 2016, based on the conditions...more

Visa Processing Nearly Back Online After Critical Hardware Failure, but Bottleneck May Take Weeks to Clear

After a major hardware failure on June 9th that created significant delays in processing and issuing visas, the Consular Consolidated Database (CCD) for U.S. Embassies and Consulates worldwide is nearly back online. As of...more

Unregistered Broker Activity in EB-5 Capital Fund Raising SEC Imposes Cease-And-Desist Order

In an important development affecting the EB-5 financial community the SEC has imposed a cease-and-desist order with respect to fund raising activities conducted by two unregistered brokers and related persons in connection...more

System Glitch Leads To Freeze On US Travel Visas

Since June 9th a computer glitch has stalled visa processing at U.S. embassies all over the world. The hardware malfunction has kept crucial biometrics information (including fingerprints) from reaching foreign U.S....more

Iowa Immigration Law Blog: Update on Visa Delays and H-1B News

Visa Delays World Wide - The Department of State (DOS) has announced that due to a central computer hardware problem, visa issuance has temporarily stopped. Applicants interviewed after June 9 will experience...more

Federal Guidance Clarifies When and How Employers Can Accept California’s New AB 60 Driver’s Licenses from Possibly Unauthorized...

Since early 2015, qualified California residents have been able to apply for and receive a driver’s license issued by the Department of Motor Vehicles without proving that their presence in the United States is authorized...more

Q&A With Kirton McConkie's Jacob Muklewicz

Jacob T. Muklewicz is a Shareholder in Kirton McConkie PC's Salt Lake City office. Muklewicz's practice focuses on business and investor immigration. He helps employers and investors obtain the proper visas for their...more

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...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

Overview of the Bipartisan EB-5 Reauthorization Bill: The American Job Creation and Investment Promotion Reform Act

Senate Judiciary Committee Chairman Chuck Grassley and ranking member Senator Patrick Leahy introduced sweeping, bipartisan legislation on June 3, 2015, to reauthorize and reform the EB-5 Regional Center program, which is...more

The TN visa category: An oasis in the desert of dried up international talent pools

During the first week of April, when U.S. Citizenship and Immigration Services (USCIS) accepted new H-1B petitions subject to the annual cap, USCIS received approximately 233,000 petitions for only 85,000 available H-1B visas...more

Dealing with Rejection: Options for Applicants Not Selected in the FY2016 H-1B Lottery

The U.S. Citizenship and Immigration Services (USCIS)’s announcement last month that it received nearly 233,000 H-1B petitions for fiscal year 2016 beginning October 1, 2015—a record total, and a 35% increase over last...more

EB-5 Project Finance–Investor Visa Option - Creative Financing for U.S. Developers and Businesses

In recent years, developers seeking to raise capital have taken a keen interest in the EB-5 regional center investor visa program. Regional centers are entities designed to use immigrant investor capital to promote economic...more

Didn’t Make the H-1B Cut? Here are Some Alternatives

As previously reported, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated H-1B cap, including the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption for...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 Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

U.S. Citizenship and Immigration Services (USCIS) issued draft guidance on when to file an amended H-1B petition pursuant to the USCIS Administrative Appeal Office (AAO) precedent decision in Matter of Simeio Solutions, LLC....more

Williams Mullen FDI USA Newsletter - June 2015

- In this Issue: - Welcome - About Us - Results Of 2015 SelectUSA Summit - 2015 Upcoming Events - RAISING CAPITAL: Simplifying the U.S. Capital Markets - Recent FDI Success Stories - FDI...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

AAO Guidance Clarifies That Worker Mobility May Come at a Cost

In a move likely to elicit equal parts appreciation and exasperation among the employer community, U.S. Citizenship and Immigration Services (USCIS) issued guidance on the need to file an amended H-1B petition when there is a...more

Immigration Update: Employers Must File Petition When H-1B Worker Changes Locations

Following the precedent decision issued on April 9, 2015 by the USCIS Administrative Appeals Office (AAO) in Matter of Simeio Solutions, LLC employers must now be more cognizant than ever before of the requirements when...more

OSC “Pattern and Practice” Investigations to Continue

Over the past few years, the number of employer investigations—and perhaps more noteworthy, the amount of the penalties assessed—by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has...more

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