News & Analysis as of

DC Circuit Reverses Decision that Fogo de Chao Chef Lacks “Specialized Knowledge”

On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit held that it was reversible error for the U.S. Citizenship and Immigration Service ("USCIS"), an agency of the Department of...more

USCIS Launches New E-Verify Website

E-Verify is the internet-based system through which employers can verify the work eligibility of new hires. Upon hiring a new employee, the employer checks the employee’s information against Department of Homeland Security...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

Overview of U.S. Immigration Law & Procedures for Employers

In This Presentation: - Government Agencies Involved - Terms & Definitions - U.S. Citizens - Lawful Permanent Residents (Immigrants or “Green Card” Holders) - Paths to Permanent Residency -...more

USCIS Regulations Slowly Catching up/Catching on to Current Immigration Realities

In recent days, the Department of Homeland Security (“DHS”) has published several proposed rules in the Federal Register, which, if adopted, will bring welcome and much needed regulatory changes....more

USCIS Proposed Rule on Employment Authorization for Certain H-4 Spouses

The Department of Homeland Security has proposed to provide work authorization benefits to spouses of H-1B visa holders. If this proposal is put into effect it will allow dependents to apply for an EAD, or an Employment...more

Employment Law 101: I-9 Forms

What is an I-9 Form: Hopefully, you are all familiar with the I-9 Form. All employers are required to complete one for all new employees by the Department of Homeland Security and the U.S. Citizenship and Immigration Services...more

New E-Verify Memorandum of Understanding

U.S. Citizenship and Immigration Services (USCIS) will be releasing a new set of E-Verify memoranda of understanding (MOUs), which will become effective on December 8, 2013. The MOU is the legal document that must be executed...more

ICE (Again) Changes Its Position On Pre-Population Of Section 1 Of Form I-9

An important issue for many employers that use electronic I-9 systems is the pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. Form I-9, Employment Eligibility Verification, is...more

DHS Recommends Changes regarding Application of “Specialized Knowledge” Criteria for L-1B Visas

The Department of Homeland Security (DHS) recently issued a report to the U.S. Customs and Immigration Service (USCIS) regarding the implementation of L-1 visa regulations. The report contains various recommendations to...more

USCIS Inspector General Issues Report regarding L Visas

The Department of Homeland Security (DHS) recently issued a report to the U.S. Customs and Immigration Service (USCIS) regarding the implementation of L-1 visa regulations....more

DHS Report Signals New Challenges For L-1 Intracompany Transferees

The L visa allows qualifying multinational companies with a parent, subsidiary, branch, or affiliate abroad to transfer managers and executives (L-1A) and employees with “specialized knowledge” (L-1B) to work in the United...more

Immigration Alert: July 2013

I. SCOTUS Holds DOMA Unconstitutional - On June 26, 2013, the Supreme Court of the United States ("SCOTUS") held that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional. United States v. Windsor,...more

Snapshots of Big Picture and Meaningful Small-Scale Developments in the World of Immigration

The United States Citizenship and Immigration Services' (USCIS) E-Verify system will now contact employees directly in the event of a Social Security Administration (SSA) or Department of Homeland Security (DHS) Tentative...more

Homeland Security Issues Guidance on Same-Sex Immigration Benefits

After the recent U.S. Supreme Court ruling in the case of U.S. v. Windsor, which found that Section 3 of the Defense of Marriage Act is unconstitutional, President Obama directed federal government departments to ensure that...more

What Windsor Means for Same-Sex Married Couples Seeking U.S. Immigration Benefits

On June 26, 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the 1996 Defense of Marriage Act (“DOMA”) is unconstitutional. This Section of DOMA prohibited the U.S. government from conferring any...more

Sequestration Likely to Affect Immigration Services

On March 1, 2013, the Budget Control Act, including sections mandating across-the-board budget cuts to federal agencies (known as “sequestration”), went into effect. The sequester is likely to negatively impact immigration...more

Sequestration To Delay Consular Visa Processing & Other Effects

According to the Department of State, sequestration will likely reduce the number of officers processing visa applications, which will negatively impact wait times at U.S. consulates....more

USCIS Implements New Immigrant Fee Starting February 1, 2013

The U.S. Citizenship and Immigration Services (USCIS) has announced that, beginning February 1, 2013, the agency will collect a $165 Immigrant Visa Department of Homeland Security Domestic Processing Fee (USCIS Immigrant Fee)...more

DHS Starts New Provisional Waiver Process for Immediate Relatives of U.S. Citizens March 4

On January 2, 2013, Department of Homeland Security (DHS) Secretary Janet Napolitano announced the posting of a final rule in the Federal Register that allows certain immediate relatives of U.S. citizens who are physically...more

Department Of Homeland Security Announces Final Rule On Unlawful Presence Waivers

The Department of Homeland Security today announced a final rule that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to...more

Waiting Lines for Family and Employment Categories: When Will I Receive My Green Card?

If you are applying for permanent residence in the United States, how do you figure out how long it will take? This seems like an easy question, but like many things with immigration, it can be complicated. ...more

DHS PROPOSES IMMIGRATION REFORMS TO ATTRACT AND RETAIN HIGHLY SKILLED IMMIGRANTS

On January 31, 2012 the Department of Homeland Security (DHS) announced several proposed reforms recommended by President Obama to assist in the retention of highly educated foreign nationals. While the federal regulatory...more

Immigration Insights (November 2010)

In This Issue: Homeland Security Creates I-9 Audit Fusion Center Soon, the Department of Homeland Security (DHS) will announce the creation of an I-9 Audit Fusion Center. This center will be staffed by approximately 20...more

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