On Feb. 5, 2021, USCIS announced that the H-1B cap registration process for this year will open on March 9, 2021 and close on March 25, 2021. USCIS will notify selected registrants by March 31 that they have been selected,...more
The global pandemic has had a significant adverse impact on United States Citizenship & Immigration Services (“USCIS”) operations. We previously reported on the impact of COVID-related office closures on U.S. consular...more
President-Elect Joe Biden’s January inauguration is fast approaching, and he has proposed one of the most robust and ambitious immigration plans in recent history. The plan highlights the significant history of immigration in...more
On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the random H-1B visa lottery selection process used when U.S. Citizenship and Immigration...more
11/23/2020
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
F-1 Visa ,
H-1B ,
Immigration and Nationality Act ,
Interim Final Rules (IFR) ,
Notice of Proposed Rulemaking (NOPR) ,
Trump Administration ,
USCIS ,
Visas
The Department of Homeland Security (DHS) H-1B Strengthening Rule and Department of Labor (DOL) Prevailing Wage Interim Final Rules were published last week, launching a 30-day comment period. Employers who hire H-1B...more
In March 2020, the U.S. Department of State announced suspension of routine visa services in light of the global pandemic. On July 14, the agency announced the phased resumption of routine visa services. According to the...more
On July 16 and 17, 2020, the U.S. Department of State (“DOS”) announced changes to two existing COVID-related travel restrictions. The first creates new exceptions to the Proclamation barring anyone who has been within a...more
7/20/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
E-1 ,
E-2 ,
F-1 Visa ,
H-1B ,
H-2B ,
H-4 ,
J-1 Visas ,
L-1 Visas ,
L-2 Visas ,
M-1 Visa ,
National Interest Waiver ,
New Guidance ,
Popular ,
Presidential Proclamations ,
Travel Restrictions ,
US Department of State ,
Visa Waiver Program
The Deputy Director for Policy at U.S. Citizenship and Immigration Services (“USCIS”) issued a statement on June 25, 2020 indicating that if USCIS does not receive additional funding from Congress by Aug. 3, it will need to...more
On March 20, 2020, due to the global pandemic, U.S. and Canadian officials mutually agreed that non-essential travel between the United States and Canada should be temporarily suspended. U.S. Customs and Border Protection...more
6/23/2020
/ Ambiguous ,
Canada ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
J-1 Visas ,
L-1 Visas ,
NAFTA ,
O-1 Aliens of Extraordinary Ability ,
Travel Restrictions ,
United States-Mexico-Canada Agreement (USMCA) ,
USCIS
On Monday, June 22, 2020, President Donald Trump signed a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The Proclamation imposes significant...more
6/23/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Foreign Workers ,
H-1B ,
H-2B ,
H-4 ,
Immigration ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
L-2 Visas ,
Presidential Proclamations ,
Trump Administration
Employers of H-1B workers are subject to U.S. Department of Labor regulations designed to protect the jobs of U.S. workers. Those regulations require that the H-1B worker perform his or her duties at one or more specific...more
It’s strikingly apparent that the current global pandemic of COVID-19 is impacting travel and visa/immigration processes worldwide. As of right now, all USCIS processing centers for visa petitions remain open and...more
On January 31, 2020, President Trump issued a "Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Persons who Pose a Risk of Transmitting 2019 Novel Coronavirus." Citing the World Health Organization’s...more
2/3/2020
/ Airlines ,
Centers for Disease Control and Prevention (CDC) ,
Department of Homeland Security (DHS) ,
Foreign Nationals ,
Foreign Students ,
Immigrants ,
Infectious Diseases ,
Public Health ,
Secretary of State ,
Travel Ban ,
Travelers ,
Trump Administration ,
US Department of State ,
World Health Organization
Escalating tensions between the U.S. and Iran are significantly impacting the ability of Iranian nationals to immigrate to, or remain in, the United States. Most recently, on January 23, 2020, USCIS announced via notice in...more
1/24/2020
/ E-1 ,
E-2 ,
Foreign Nationals ,
Foreign Relations ,
Immigrants ,
Immigration Procedures ,
Iran ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visas
Immigration attorneys in states where marijuana is legal for recreational purposes have recently reported that their clients are now being questioned at their permanent residency interviews about whether they have ever used...more
On November 14, 2019 the Trump Administration proposed increasing the cost of filing many types of non-immigrant and immigrant visa applications. The proposed rule to implement these fees increases is currently open for...more
12/30/2019
/ 485 ,
Comment Period ,
Department of Homeland Security (DHS) ,
Fees ,
Green Cards ,
H-1B ,
Immigrants ,
Immigration Procedures ,
L-1 Visas ,
Non-Immigrant Visas ,
Proposed Rules ,
Trump Administration ,
USCIS ,
Visas
On November 8, 2019, USCIS published a Final Rule in the Federal Register implementing a new registration fee requirement for those employers who seek to file cap-subject H-1B petitions. Under the new rule, which is effective...more
12/12/2019
/ Electronic Reporting ,
Foreign Nationals ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Job Applicants ,
Registration Fees ,
Registration Requirement ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
Receiving free or reduced school breakfasts or lunches would not render immigrant children ineligible for green cards or other immigration benefits, despite changes to longstanding guidance on the public charge of...more
On July 23, 2019, the Secretary of the Department of Homeland Security (hereinafter, “DHS”) published a Notice in the Federal Register announcing that the Department would, effective immediately, exercise the full remaining...more
8/19/2019
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Expedited Actions Process ,
Foreign Nationals ,
I-94 Cards ,
Immigration ,
Immigration and Nationality Act ,
Immigration Enforcement ,
Passports ,
Port of Entry ,
Removal
When lawful permanent residents in the United States apply for naturalization to U.S. citizenship, the naturalization process culminates with an oath ceremony wherein all new U.S. citizens swear the following oath of loyalty...more
On April 19, 2019, United States Citizenship & Immigration Services (USCIS) announced that the agency is updating its Policy Manual to clarify that marijuana use is a conditional bar to naturalization. This policy guidance...more
4/23/2019
/ Amended Rules ,
Cannabis Products ,
Citizenship ,
Conflicts of Laws ,
Controlled Substances ,
Criminal Code ,
Lawful Permanent Residents ,
Marijuana Related Businesses ,
Naturalization ,
Policy Manuals ,
Schedule I Drugs ,
Trump Administration ,
USCIS
On April 10, USCIS announced that they have reached the annual cap for the H-1B lottery. According to the announcement, USCIS received 201,011 H-1B petitions during the filing period, which ran from April 1 to April 5,...more
New legislation impacting international medical graduates would extend the Conrad State 30 program until 2021, improve the process for obtaining a visa, and allow for additional slots if certain thresholds are met. The bill...more
4/12/2019
/ Healthcare Facilities ,
Immigration Reform ,
International Medical Graduate (IMG) ,
J-1 Visas ,
Physicians ,
Proposed Legislation ,
Residency Requirements ,
Rural Areas ,
Rural Health Care Providers ,
Underserved Locations ,
Visa Waiver Program
In 2018, marijuana was legalized for recreational use nationwide in Canada. New York state is also in the process of legalizing marijuana for recreational use; however, it remains illegal under federal law. As noted...more
4/8/2019
/ Canada ,
Controlled Substances ,
Criminal Convictions ,
Customs and Border Protection ,
Decriminalization of Marijuana ,
Deportation ,
Foreign Nationals ,
Foreign Workers ,
Immigration and Nationality Act ,
Immigration Procedures ,
Marijuana ,
Medical Marijuana ,
Recreational Use ,
Trump Administration ,
Visas
In this series, Partner Danielle Rizzo explores how several small changes to student visa policy by the Trump Administration are having a major impact on the international student population in the United States. These...more
1/23/2019
/ Adjustment of Status ,
Colleges ,
Deportation ,
Employer Liability Issues ,
F-1 Visa ,
Foreign Students ,
H-1B ,
Immigration Procedures ,
Immigration Reform ,
OPT ,
Resident Status ,
STEM ,
Students ,
Trump Administration ,
Universities ,
Unlawful Presence Waivers ,
USCIS ,
Work Visas