Visas United States Citizenship and Immigration Services

News & Analysis as of

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

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

A megera! Petições da lei VAWA para homens – Parte I

Panorama - A Lei de Combate à Violência contra as Mulheres (VAWA) permite que imigrantes vítimas de violência solicitem status legal nos Estados Unidos sem precisar que cônjuges, pais ou filhos cidadãos americanos ou...more

La Bruja! - VAWA Petitions for Men – Part I

The Violence Against Women Act (VAWA) allows battered immigrants to petition for legal status in the United States without relying on abusive U.S. citizen or legal permanent resident spouses, parents or children to sponsor...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

I-526 Processing Delays Expected to Continue into 2017

According to data recently supplied by USCIS, there are more than 20,000 I-526 petitions pending adjudication as of the end of March 2016. This is a massive backlog of cases. What are the implications of this backlog to...more

DHS Expands the Provisional Unlawful Presence Waiver

Today, The U.S. Department of Homeland Security (DHS) finalized a rule that expands eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The provisional unlawful presence waiver...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 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

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

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

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

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

“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

Department of Homeland Security Now Accepting Comments on Its Proposed Filing Fee Increase

Earlier this month, the Department of Homeland Security (DHS) issued notice of a proposed rule that would update the application fee schedule for U.S. Citizenship and Immigration Services (USCIS), noting an overall...more

Department of Homeland Security Proposes USCIS Fee Increases

The United States Department of Homeland Security (DHS) has proposed increasing the fees that United States Citizenship and Immigration Services (USCIS) charges for certain immigration and naturalization filings. The proposal...more

Filipino World War II Veterans Parole Program

During World War II there were thousands of Filipinos who bravely enlisted to fight for our United States. More than seventy years after service to our country, there are still an estimated 2,000 to 6,000 Filipino-American...more

FY2017 H-1B Cap: Data Entry Complete for Lottery Winners

Moving quickly along, the US Citizenship and Immigration Services (USCIS) informed the public that it completed data entry of all “winning” fiscal year 2017 (FY2017) H-1B cap-subject petitions (i.e., petitions that were...more

USCIS Completes the H-1B Cap Lottery Selection Process and Data Entry for Fiscal Year 2017

U.S. Citizenship and Immigration Services (USCIS) announced on May 2, 2016, that it has completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected in a computer-generated random lottery. Mintz Levin has...more

Alert: Premium Processing for FY 2017 H-1B Cap Petitions to Begin May 12

On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S....more

USCIS Announces Date for Start of H-1B Cap Premium Processing

United States Citizenship and Immigration Services (USCIS) has announced that on May 12, 2016, it will it will begin the 15 calendar day processing timeline for cap-subject H-1B petitions requesting premium processing. USCIS...more

Department of State Releases May 2016 Visa Bulletin

A new geographic sector that includes El Salvador, Guatemala, and Honduras has been added. The US Department of State (DOS) has released its May 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date...more

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