Key Points -
Fifth Circuit Court of Appeals ruled that the DACA program violates the Administrative Procedure Act.
Court remanded the case to the District Court in light of the newly published DACA regulation....more
Key Points -
USCIS’ deauthorization of previously approved EB-5 Regional Centers has been rescinded, and the EB-5 program is once again active.
EB-5 investors will no longer be required to wait several months for...more
Key points -
H-1B lottery will be open from March 1 until March 18, 2022.
There will be no changes from last year’s lottery rules...more
Key points:
- H-1B lottery will be open from March 9 until March 25, 2021.
- There will be no changes from last year’s lottery rules.
- Priority for higher-paid H-1B applicants will not be implemented in 2021, but...more
- Visa issuance and entry of certain H-1B, H-2B, L-1, and J-1 visa holders are suspended.
- Proclamation does not apply to anyone currently in the United States.
- Proclamation does not apply to anyone who already...more
6/23/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Nationals ,
Foreign Students ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
USCIS ,
Visas
- The U.S. Supreme Court held that the Trump administration did not properly terminate the DACA program under the APA.
- The DACA program is restored to its full form, as it existed prior to the rescission in 2017.
-...more
6/22/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
- Foreign visitors and employees can extend or change their immigration status.
- DHS relaxes requirements for original documents and original signatures.
- DHS offices are closed to the public but continue to...more
4/21/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
E-Signatures ,
Employment Eligibility Verification ,
Filing Deadlines ,
Foreign Workers ,
Form I-9 ,
Passports ,
Remote Working ,
Time Extensions ,
Travelers ,
US Department of State ,
USCIS ,
Visa Applications ,
Visa Waiver Program ,
Visas
- Most U.S. Embassies and Consulates around the world have suspended visa services and cancelled visa interview appointments.
- Individuals traveling to the United States on a Visa Waiver Program that are subject to the...more
- New DHS regulation mandates use of an electronic H-1B registration system.
- Registration system will be open for only 20 days.
- Employers who win H-1B lottery but then do not file H-1B petitions may be penalized....more
2/18/2020
/ Department of Homeland Security (DHS) ,
Electronic Reporting ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Lottery ,
New Rules ,
Registration Requirement ,
USCIS ,
Visas
• DHS has announced that it has finalized the previously proposed rule governing the H-1B lottery. The final rule was published in the Federal Register on January 31, 2019.
• DHS will reverse the order of the H-1B lottery...more
2/8/2019
/ Amended Regulation ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
Electronic Filing ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Labor Condition Applications ,
Registration Requirement ,
USCIS ,
Visa Applications ,
Visa Caps ,
Visas
• Prior to submitting petitions for H-1B visas, employers first will be required to register electronically with USCIS during a designated registration period.
• DHS proposes to use a computer-generated process to select a...more
12/11/2018
/ Comment Period ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
Electronic Filing ,
Employer Liability Issues ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Proposed Rules ,
Public Comment ,
Registration Requirement ,
Trump Administration ,
USCIS ,
Visa Caps ,
Visas