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Rescission of H-4 EADs is Imminent

Over the last few months, the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) have unabashedly and repeatedly stated that is the current administration’s intent to rescind employment...more

ICE Pledges a 400% Increase in Worksite Enforcement

Employers should brace themselves as it begins to look like Immigration and Customs Enforcement (“ICE”) will be targeting them more and more in their neverending quest to ferret out undocumented workers. During a press...more

Looking into our Crystal Ball to Plan Ahead for H-1B Season

It’s hard to believe that H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2019 on Monday, April 2, 2018. As such, employers...more

USCIS Will Once Again Start Requiring In-Person Interviews for Employment Based Adjustment of Status Applicants

Yesterday, U.S. Citizenship and Immigration Services announced that pursuant to President Trump’s Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” it would begin requiring...more

Alert: New Form I-9 is Now Available

On July 17, 2017, the U.S. Citizenship & Immigration Services (USCIS) released yet another updated version of the Form I-9. While employers are encouraged to start using the new Form I-9, employers are permitted to continue...more

DHS Freezes Implementation of the International Entrepreneur Rule and Threatens to Repeal It

In a surprising move to the startup community, the Trump administration has moved to delay and possibly repeal a rule that would help foreign entrepreneurs launching foreign startups apply for parole status to work in the...more

Alert: USCIS to Release New Form I-9

Just as employers were becoming used to the new Form I-9 released in January of this year, U.S. Citizenship & Immigration Services announced that it will be releasing yet another updated version of the Form I-9 on July 17....more

The Implementation of Travel Ban 2.0: What Now?

By now, most of you have heard that the United States Supreme Court ruled to reinstate President Trump’s revised travel ban in part. But what does this really mean?...more

Alert: USCIS Conducts Random H-1B Lottery for FY 2018

Today, after receiving 199,000 petitions, United States Citizenship & Immigration Services (USCIS) announced that it conducted its lottery (a computer-generated random selection process) on April 11 to select the H-1B...more

4/18/2017  /  H-1B , Lottery , USCIS , Visa Caps

H-1B Cap for FY 2018 Met

United States Citizenship & Immigration Services (“USCIS”) announced Friday that it had reached the congressionally mandated H-1B cap for fiscal year 2018. ...more

4/12/2017  /  H-1B , Hiring & Firing , Lottery , USCIS , Visa Caps

Alert: New Handbook for Employers (M-274) is available

On February 28, 2017, USCIS published a new Handbook for Employers (“Handbook”) to accompany its updated version of the Form I-9, dated 11/14/2016 N. The new Handbook is a useful resource for employers because it addresses an...more

Clarifying Muddied Waters: Making Sense of President Trump’s January 27 Executive Order

The Immigration Bulletin was created to help our clients adapt to constantly evolving immigration laws, regulations, and policies. To do so, we strive to provide clients access to the latest information. Of course, it’s more...more

Alert: New Form I-9 Becomes Mandatory After January 21

After January 21, 2017, employers are required to use the latest version of the Form I-9, dated 11/14/2016 N. By way of background, under the Immigration Reform and Control Act of 1986, employers are required to complete...more

Current Administration Proposes Significant Changes to EB-5 Program

Yesterday, the Obama administration announced potential changes that could significant impact the EB-5 investor visa program. The EB-5 investor visa was originally established by Congress in 1990 to attract foreign...more

Insights Newsletter - December 2016

SHINING LIGHT INTO THE HEART OF DARKNESS:An Update on the Cuban Embargo - I. Executive Summary - Sixty years after the imposition of the Cuban Embargo, the orthodoxy and ideology that caused it to persist are no...more

USCIS releases a new version of Form I-9

U.S. Citizenship and Immigration Services (USCIS) is at it again. On November 14, 2016, USCIS published a new Form I-9 for employers to begin using immediately for new hires or re-verifications. While it is recommended that...more

11/30/2016  /  I-9 , USCIS

What constitutes a worksite for H-2B purposes?

The issue of multiple worksites presents a conundrum for many employers. As a result, the Department of Labor’s Office of Foreign Labor Certification (OFLC) recently issued guidance for H-2B positions (such as landscapers,...more

11/7/2016  /  DOL , H-2B , New Guidance , OFLC

Plan Ahead: H-1B Season is Around the Corner

As a reminder to all U.S. employers, H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2018 on Saturday, April 1, 2017. As...more

DUI Arrests May Result in the Prudential Revocation of a Validly Issued Nonimmigrant Visa

Contrary to popular opinion, there are serious immigration consequences for nonimmigrants who are arrested for Driving Under the Influence (DUI) or a related offense. According to recently released guidance found in the...more

Who is Eligible for Parole Under the International Entrepreneur Rule?

Last month, U.S. Immigration and Citizenship Services (USCIS) announced a proposed rule that would allow certain international entrepreneurs to enter the U.S. for a period of up to two years so that they could start or scale...more

OSC Issues Guidance to Employers Related to Immigration Questions During the Hiring Process

Generally, employers face a difficult balancing act attempting to comply with the Immigration and Nationality Act’s anti-discrimination provisions, on the one hand, and manage their bottom line, on the other hand. As...more

U.S. Manufacturers Need Immigration Certainty to Grow Economy

When President Barack Obama unveiled his Immigration Accountability Executive Actions in 2014, a measure supported by the National Association of Manufacturers, the media was focused on how the current administration’s...more

DOJ Hikes Fines for Immigration Related Violations

Despite the numerous Immigration and Customs Enforcement (ICE) headlines, the last two years have brought a significant decrease in workplace audits: 3.127 audits in 2013 to 435 audits in 2015. Similarly, the fines during...more

8/1/2016  /  Audits , DOJ , I-9 , ICE

Immigration Compliance Alert: Increase in Fines for Immigration Related Violations Take Effect on August 1, 2016

Up until 2008, Immigration and Customs Enforcement (ICE) focused its enforcement efforts almost exclusively on undocumented workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008; only...more

USCIS Has Finished Returning Unselected H-1B Cap Subject Petitions

On July 8, 2016, U.S. Immigration & Citizenship Services (“USCIS”) announced that it had returned all unselected H-1B cap-subject petitions for fiscal year 2017 not selected by its lottery....more

7/8/2016  /  H-1B , USCIS
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