News & Analysis as of

Department of State Releases April 2017 Visa Bulletin

No change in Dates for Filing chart again, but small advances in Final Action Dates chart. The US Department of State has released its April 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate...more

Department of State Releases March 2017 Visa Bulletin

No change in Dates for Filing chart again; China EB-3 advances 6.5 months in Final Action Dates chart. The US Department of State (DOS) has released its March 2017 Visa Bulletin. The Visa Bulletin sets out per-country...more

Update Regarding the January 27th Executive Order on Immigration

In light of the January 27, 2017 Executive Order ("EO") titled "Protecting the Nation from Foreign Terrorist Entry into the United States," which is summarized in prior Clark Hill Immigration Updates, we are providing this...more

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

Immigration Briefing: What You Need to Know Now

Given the recently issued Executive Orders from the new administration and various changes being implemented by the Department of Homeland Security ("DHS") and the Department of State ("DOS"), and in efforts to provide the...more

Department of State Releases February 2017 Visa Bulletin

No change in Dates for Filing chart again; scant advancement in Final Action Dates chart. The US Department of State (DOS) has released its January 2017 Visa Bulletin. The Visa Bulletin sets out per-country priority date...more

Immigration Law Update - December 2016

The Department of Homeland Security (DHS) is adjusting the fee schedule for immigration filings processed by US Citizenship and Immigration Services (USCIS). USCIS conducted a comprehensive fee review and determined that...more

Department of State Releases January 2017 Visa Bulletin

No change in Dates for Filing chart again; minimal advancement in Final Action Dates chart. The US Department of State (DOS) has released its January 2017 Visa Bulletin. The Visa Bulletin sets out per-country priority...more

Department of State Releases December 2016 Visa Bulletin

No change in Dates for Filing chart; small gains in Final Action Dates chart. The US Department of State (DOS) has released its December 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs...more

October 2016 Visa Bulletin

The Department of State (DOS) has issued a Visa Bulletin update for the month of October 2016 and, for the first time since November 2015, the United States Citizenship and Immigration Services (USCIS) has announced...more

Department of State Releases October 2016 Visa Bulletin

Employment-based China and India First Preference and Worldwide Second Preference cutoff dates become “current” once again. The US Department of State (DOS) has released its October 2016 Visa Bulletin. The Visa Bulletin...more

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

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

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

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

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 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

A Preview of Business Immigration in 2016: Visa Bulletin Controversy Continues (Part 5/6)

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more

Hybrid Visa Offers Alternative to Limited H-1B Visa

For an ever-increasing number of U.S. employers, the start of another calendar year also means H-1B season has arrived. However, given the competitive nature of the H-1B program, many employers are turning to an alternative...more

Department of State Releases January 2016 Visa Bulletin

Employment-based adjustment of status applicants must file using the Application Final Action Dates chart. The US Department of State (DOS) has released its January 2016 Visa Bulletin. The Visa Bulletin sets out...more

DOS vs USCIS: Visa Bulletin Games

Last week USCIS issued guidance stating that it will advise which of the two visa bulletin charts; Dates for Filing Visa Applications or Application Final Action Date applicants should use....more

Visa Bulletin: More Changes Impacting the I-485 Process

As previously reported in our legal update from September 10, 2015, the Department of State (DOS) made a major change to the Visa Bulletin in early September. Then, on September 25, 2015, that Visa Bulletin was rescinded and...more

USCIS and DOS Attempt to Clarify Increasingly Complex Visa Bulletin Situation

Each month, the Department of State (“DOS”) publishes current immigrant visa availability information in its Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants...more

USCIS Issues Further Guidance on the New Filing Date Visa Bulletin

In September, USCIS announced that some individuals would be eligible to file adjustment of status applications following a separate Dates for Filing Visa Applications (“filing date”) chart. This chart differed from the...more

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