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

USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions

Employers with FY 2017 H-1B cap cases not chosen for processing should have received their returned petition packages with fee checks by July 8. The agency continues to process receipted non-premium H-1B cap petitions and...more

U.S. Citizenship And Immigration Services Releases E-Verify Compliance Activities For Fiscal Year 2015

E-Verify is an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to...more

SEC Sanctions Unregistered EB-5 Investments Broker

We previously warned that some individuals involved with arranging EB-5 investments may be required to register as broker-dealers (see "Immigrant Investor Program Raises SEC Broker Registration Issues" in the Summer 2014...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

USCIS Has Finished Returning Unselected H-1B Cap Subject Petitions

On July 8, 2016, U.S. Immigration & Citizenship Services (“USCIS”) announced that it had returned all unselected H-1B cap-subject petitions for fiscal year 2017 not selected by its lottery....more

Suggested Procedures and Possible Options for Accepting Minors as Investors in EB-5 Investment Funds

The delay in processing EB-5 immigrant visas caused by the increasing waiting line commonly referred to as “retrogression” is causing an increase in demand by parents in China to have their minor children named as the primary...more

New USCIS Policy Decision Broadens Permissible Bases for Visa Transfer of Multinational Managers

After four years of internal deliberations, U.S. Citizenship & Immigration Services (USCIS) recently issued a policy memorandum binding all USCIS personnel to follow the reasoning of a 2013 USCIS Administrative Appeals Office...more

InfoPass Appointments Just Got Easier!

USCIS just revamped their online InfoPass website which allows you to schedule an appointment at one of their numerous field offices. The InfoPass system is designed to help individuals who cannot find answers to their...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

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

Citizenship and Immigration Services Ombudsman Recommends U Visa Parole Policy

The Office of the Citizenship and Immigration Services Ombudsman has issued its Recommendation to USCIS regarding a U visa parole policy. The policy would facilitate parole for individuals who are eligible for U nonimmigrant...more

Proposed Changes to E-Verify

The United States Citizenship and Immigration Services (USCIS) is in the process of reviewing public comments and considering revisions to its recently proposed changes to the E-Verify program. USCIS’ Supporting Statement...more

CAP H-1B Rejections Starting to Arrive, June Visa Bulletin - Heightened Demand for Employment-Based Adjustments of Status Causes...

On June 14, 2016, Clark Hill started to receive rejected CAP H-1B petitions. If an H-1B petition was filed on your behalf by Clark Hill, we will send you an e-mail when we receive an update on your case. On April 7,...more

H-2A Delays Cost Farmers Profits and Customers

The U.S. Department of Labor (DOL) and Citizenship and Immigration Services (USCIS) are responsible for processing H-2A guest worker visa applications, but farmers are seeing delays of up to two weeks in the arrival of these...more

5 Ways Non-Immigrant Workers in the U.S. Should Prepare for Summer Travel

Now that the weather is warming up and the school calendar is winding down, millions of people across the country are planning their summer excursions. For employees that work on a non-immigrant visa, that summer holiday...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

Does the Medical-School-to-Prison Pipeline Widen in Middle Age?

The trend of holding physicians personally responsible for healthcare crimes has continued unabated over the past year. As noted in a previous article, physicians are particularly attractive targets for federal prosecutors...more

Graças a Deus - Considerações a respeito de imigração para Igrejas Evangélicas brasileiras após a Sentença no Caso Alencar

Panorama - Eu fui um estudante de espanhol e português esforçado na Academia Militar dos Estados Unidos há trinta anos. Não obstante, sempre preferi português a espanhol. O Departamento de Língua Portuguesa em West Point...more

Lawsuit Against DHS and USCIS Seeks Transparency in H-1B Lottery Process

The American Immigration Council and the American Immigration Lawyers Association (AILA) have brought a lawsuit against the U.S. Department of Homeland Security and the U.S. Citizenship and Immigration Services (USCIS). The...more

EB-5 Visa Program A Win-Win For Immigrants And Americans

The 1990 EB-5 green card program has been a controversial one for Americans, even as thousands of foreign nationals and American citizens reap the benefits of the program. Through the program, impoverished areas in the United...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

“Benching” Is Not Just for Athletes: A Timely Review of H-1B Wage Requirements

United States Citizenship and Immigration Services (USCIS) has started to notify employers of whether their H-1B petitions were selected in USCIS’s fiscal year 2017 random selection process, or “lottery,” that took place in...more

An Ounce of Prevention: Employing Foreign National Physicians in Physician Shortage Areas

Sponsoring a waiver for a J-1 “exchange visitor” can be a good way for healthcare employers to attract talented physicians to vacancies in underserved areas. Here is an example of how the J-1 process works and can help...more

U.S. Citizenship and Immigration Services published a policy memorandum in the decision of Matter of Z-A, Inc.

On April 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a policy memorandum designating the decision of the Administrative Appeals Office (AAO) in Matter of Z-A-, Inc. as an adopted decision...more

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