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Seismic Business Immigration Policy Shift in the Works for 2018

New changes to H-1B Lottery; H-4 EADs on the chopping block; AC 21 H-1B extensions in trouble; and how to plan for it all - Changes to the H-1B Program and the H-1B Visa Lottery - The Department of Homeland Security...more

2017 Immigration Policy Roundup

This year saw significant changes to immigration policy in the United States. Here is a brief roundup of recent developments that companies should continue to monitor in 2018....more

The Fate of the International Entrepreneur Rule Remains Uncertain, But There May Be Hope

The Obama-era International Entrepreneur Rule (“IE Rule”), which had been scheduled to go into effect on July 17, 2017, would allow qualifying foreign entrepreneurs to come to the US to establish, oversee, and grow their...more

Supreme Court Stays Injunction Blocking President Trump’s Third Travel Ban

President Trump issued the third revision of his travel ban entitled “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other...more

Protect and Grow American Jobs Act: New H-1B Bill Targeted at Dependent Employers

On November 15, 2017, the House Judiciary Committee approved The Protect and Grow American Jobs Act (H.R. 170), which primarily affects “H-1B dependent” employers. The bill revises the definition of a dependent H-1B employer...more

All Signs Point to an Increase in Worksite Enforcement in 2018

U.S. Immigration and Customs Enforcement Acting Director Thomas Homan recently announced that ICE would increase worksite audits by “four or five times” in the next year. This comes after a January Executive order and a more...more

Are You Using the Most Current I-9?

This past summer, U.S. Citizenship and Immigration Services (USCIS) released another new version of the Form I-9, Employment Eligibility Verification, which went into effect on September 18, 2017. The corresponding M-274...more

What Employers Need to Know About Employment-Based Green Card Interviews

Based on President Trump’s Executive Order 13780, "Protecting the Nation from Foreign Terrorist Entry Into the United States," USCIS has implemented a new policy to interview all employment-based adjustment of status...more

USCIS Reverses Policy on Temporary Visa Extensions

On Monday, October 23, 2017, U.S. Citizenship and Immigration Services (USCIS) reversed a long-standing policy regarding non-immigrant extension petitions. Historically, as memorialized in an April 23, 2004 USCIS policy...more

President Trump Issues a New Travel Ban

On September 24, 2017, President Trump issued the third version of his travel ban entitled “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by...more

USCIS Resumes Premium Processing for Cap Subject H-1B Petitions

As of Tuesday, September 19, 2017, the U.S. Citizenship and Immigration Services (USCIS) resumed accepting requests for premium processing for cap subject petitions. The process is only available for pending petitions, not...more

President Trump Rescinds the DACA (“Dreamer”) Program

On September 5, Attorney General Jeff Sessions announced the Trump Administration’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program that had been in place since June 15, 2012. The Trump...more

USCIS Announces Expanded In-Person Interview Requirement

US Citizenship and Immigration Service (USCIS) has announced that beginning October 1, 2017, it will require far more people to appear at its offices for in-person interviews – a change that could potentially impact hundreds...more

State Department Promulgates New Vetting Standards Required By President's Travel Ban Executive Order

On July 12, 2017, the State Department promulgated new vetting standards for visa applicants, as required by President Trump’s March 6, 2017 Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry Into...more

Massachusetts High Court Rules That State Law Does Not Authorize Officials to Honor ICE Detainers

On July 24, 2017, in the case Lunn v. Commonwealth, the Massachusetts Supreme Judicial Court (“SJC”) ruled that state and local officials are not authorized to arrest immigrants based on civil immigration detainers issued by...more

7/25/2017  /  ICE , MA Supreme Judicial Court

Supreme Court Narrows, But Declines to Stay, Injunctions Blocking Travel Ban Executive Order

On June 26, 2017, the U.S. Supreme Court entered an order that narrowed, but declined to stay, two preliminary injunctions prohibiting enforcement of various provisions of President Trump’s March 6, 2017 Executive Order...more

Court of Appeals Blocks Travel Ban Executive Order

On May 25, 2017, the U.S. Court of Appeals for the Fourth Circuit issued an opinion affirming a lower court’s preliminary injunction prohibiting enforcement of the “travel ban” provision of President Trump’s March 6, 2017...more

Border Searches of Your Electronic Devices — What Rights Do You Have?

The United States government has reported that border searches of electronic devices in the U.S. increased from 4,764 in 2015 to 23,877 in 2016. Because electronic devices have immense data storage capacity and can hold...more

Federal Courts Block New Travel Ban Executive Order

On March 15, 2017, federal courts in Maryland, Hawaii and Washington heard arguments on motions to preliminarily enjoin the New Executive Order (“New EO”), which was issued by President Trump on March 6, 2017. Judge Derrick...more

President Trump Issues New Travel Ban Executive Order

On March 6, 2017, President Trump issued a new Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “New EO”). The New EO expressly “revok[es]” and “replac[es]” the...more

USCIS Suspends Premium Processing for ALL H-1B Petitions

Late Friday, March 3, the United States Citizenship and Immigration Services (USCIS) announced that it was indefinitely suspending premium processing for ALL H-1B petitions filed on or after April 3, 2017. This suspension...more

3/7/2017  /  Extensions , Form F-1 , H-1B , Suspensions , USCIS

President Trump States He Will Issue New Travel Ban Executive Order

On February 16, 2017, in a court filing and at a press conference, President Trump has stated that he will issue a new Executive Order (“EO”) to supplement or replace his January 27, 2017 Executive Order (“EO”) entitled...more

New I-9 Form in an Environment of Increased Audits and Increased Fines

USCIS has released a new version of the Form I-9, which all employers must use beginning January 22, 2017. Employers should read the new Form I-9 instructions in full and also review the content of the new I-9 version...more

U.S. Court of Appeals Unanimously Refuses to Reinstate Travel Ban Executive Order

As described in our January 30 and February 7 Immigration Alerts, on January 27, 2017, President Trump issued an Executive Order (“EO”) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.”...more

Where Are We Today on the President’s Executive Order

On January 27, 2017, President Trump issued an Executive Order (“EO”) entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” Among other things, the EO essentially prohibited aliens from seven...more

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