Visas

News & Analysis as of

Deficient Approval Notices Issued

The U.S. Citizenship and Immigration Services (“USCIS”) has reported that a recent problem resulting in the issuance of deficient approval notices has been resolved. The error occurred at the California Service Center (“CSC”)...more

More Executive Action on Immigration Reform: Work Authorization For H-4 Spouses

In a new draft rule notable not only for its substantive content but also for the fact that it represents another incremental immigration reform measure undertaken by executive action in lieu of stalled Congressional...more

Department of State Releases August 2014 Visa Bulletin

The bulletin shows minor advancement in the EB-2 category for applicants chargeable to India and China as well as significant advancement in the EB-3 category for applicants chargeable to China and the Philippines, minor...more

How Can I Bring My Family to the U.S. If I Have a Temporary Work Visa?

When a foreign national comes into the U.S. under a temporary work visa, the individual often wants to bring his or her family into the U.S. as well. Depending on the work visa obtained, the duration of the stay, and the...more

Additional Movement for EB-2 India Released in Department of State's August 2014 Visa Bulletin

The August 2014 Visa Bulletin was recently released by the U.S. Department of State (DOS). As outlined in our June 10, 2014, legal update on this issue, the EB-2 category for foreign nationals from India pursuing the...more

Availability of Non-Immigrant Visa Appointments in Canada Extremely Limited During Summer Months

The U.S. Department of State recently announced that due to increasingly heavy demand by Canada-based visa applicants, the seven U.S. visa processing posts in Canada are extremely limited in their ability to accept Third...more

Approved H-1B Visa Holders Can Start Applying For Passport Visas

Beneficiaries of approved H-1B petitions with an October 1, 2014 start date may now begin filing their visa applications at U.S. consular posts. Posts are authorized to accept H visa petitions and issue visas to qualified...more

How to Change Status from Temporary Work Visa to Employment Green Card

Foreign nationals often come into the U.S. under a work visa anticipating that their stay will be temporary. After working in the U.S. for a period of time, however, the individual may wish to make his or her immigration...more

What Employers Need to Know About I-9 Audits

With the government enforcing I-9 compliance with increased vigilance, it is more important than ever for employers to understand the I-9 requirements and be prepared for an I-9 audit in the event that one...more

July 2014 Visa Bulletin Shows Significant Movement for India EB-2 Visas

The Department of State has released its July 2014 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications. Foreign nationals are...more

What Happened to Immigration Reform?

After years of debate over comprehensive immigration reform, it appears that – at least according to some reports – immigration reform is “officially dead.” At least any kind of House-approved immigration reform, that...more

Significant Changes to South African Immigration

The Critical Skills Work Visa is a newly introduced category which will replace the Quota and Exceptional Skills work permits. The role must be listed on the current Critical Skills list, and the applicant must obtain written...more

Duplicate E-Verify Entries

A new feature in E-Verify will now provide a notification to users when a case is entered that includes the same Social Security number as another case entered in the previous 30 days. Oftentimes duplicate cases are entered...more

Labor & Employment E-Note - June 12, 2014

In This Issue: - Unions Battle with Employers Over Covering ACA Costs - More Types of Companies Requiring Workers to Sign Non-Competes - Employers Cut Back on Benefits, Push Health Costs onto Workers - High...more

Immigration Corner: E-Verify Not an Impenetrable Shield, H-4 Spouses May Soon be Looking for Work, More Trips to the Doctor for...

E-Verify offers a tool to assist employers in verifying employment/immigration status for prospective employees, but it should not be mistaken for protection during an I-9 audit. On March 26, 2014, the Office of the Chief...more

Supreme Court Rules Some Children Over 21 Must Restart Visa Process

A divided Supreme Court ruled Monday that nearly all immigrant children who turn 21 while waiting for their families’ visa application to be approved will have to restart the process. The 5-to-4 decision came before the...more

Department of State Releases July 2014 Visa Bulletin

Bulletin shows nearly four years of advancement in the EB-2 category for applicants chargeable to India and minor advancement for applicants chargeable to China as well as significant advancement in the EB-3 category for...more

Federal Government Expands Enforcement of Immigration Laws through Site Inspections and Employee Interviews

USCIS’s Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future. FDNS conducts unannounced administrative site visits...more

The Employment Law Authority - May/June 2014

In This Issue: - Immigration. New proposal aimed at attracting highly-skilled immigrants. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. J. Hamilton Stewart and Matthew...more

Significant Movement for EB-2 India in Department of State's July Visa Bulletin

The July 2014 Visa Bulletin has been released by the U.S. Department of State (DOS), and as reported by Charles Oppenheim of the State Department's Visa Office, the EB-2 category for foreign nationals from India pursuing the...more

The DACA Renewal Process is Released

"Secretary of Homeland Security Jeh Johnson today announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration Services (USCIS) has...more

ICE Gets Graded By Homeland Security: What does this mean for employers?

In February, 2014, the Office of the Inspector General of the Department of Homeland Security (OIG) issued a final report (Report) “grading” Immigration and Customs Enforcement (ICE)’s operations. The Report found specific...more

Special Immigration Alert: U.S. Consulates in Canada Temporarily Suspend Third Country National Visa Processing for Summer

We confirmed today that the U.S. Embassy and Consulates in Canada all will limit nonimmigrant visa appointments by third-country nationals (TCNs) not working and residing in Canada for the summer due to staffing concerns...more

Revised USCIS Guidance: Form I-693 No Longer Required As Initial Evidence

Generally, all applicants for adjustment of status to that of a lawful permanent resident must submit Form I-693, Report of Medical Examination and Vaccination Record, completed by a physician designated by the U.S....more

Pentagon Attempt to Enlist DACA Recipients Delayed

As we recently reported, the Pentagon has been attempting to expand its ability to recruit beyond lawful permanent residents (LPRs) and U.S. citizens by enlisting Deferred Action for Childhood Arrivals (DACA) recipients. In...more

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