Susan Cohen at Mintz

U.S. Citizenship and Immigration Services Streamlines Social Security Administration Applications for Form I-485 Permanent...

On Monday, August 9, 2021, the U.S. Citizenship and Immigration Services (USCIS) announced that applicants filing for permanent resident status may also apply for a Social Security number or replacement card as part of their...more

8/12/2021 / I-485 Applications , Social Security Administration (SSA) , Social Security Numbers , USCIS

F-1 Student OPT Applications Can Now Be Filed Electronically

On April 12, 2021 U.S. Citizenship and Immigration Services (USCIS) announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are...more

4/19/2021 / E-Verify , Employment Authorization Documents (EAD) , F-1 Visa , Foreign Students , Form I-765 , Immigration Procedures , OPT , STEM , USCIS

E-Verify Development: USCIS Now Enforcing Ten Federal Working Day Period for Employers to Take Action on E-Verify Tentative...

On October 5, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced a 10 federal government working day period in which employers will need to take action within E-Verify on Tentative Non-confirmations (“TNCs”)...more

4/14/2021 / Department of Homeland Security (DHS) , E-Verify , Memorandum of Understanding , Social Security Administration (SSA) , Tentative Nonconfirmation , USCIS

Unacceptable EAD Processing Delays

As we noted in a recent post, on August 21st, on August 18, 2020 U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) announced that as a result of EAD (“employment authorization...more

8/31/2020 / Coronavirus/COVID-19 , Department of Homeland Security (DHS) , Employment Authorization Documents (EAD) , Form I-765 , Form I-9 , Immigration and Customs Enforcement (ICE) , Immigration Procedures , USCIS

Department of Homeland Security Lifts Suspension of Trusted Traveler Enrollment for New York Residents

On July 23, 2020, the Department of Homeland Security (DHS) announced it is lifting its suspension of Trusted Traveler enrollment eligibility for New York residents, effective immediately. Trusted Traveler programs include...more

7/27/2020 / Customs and Border Protection , Department of Homeland Security (DHS) , Department of Justice (DOJ) , DMV , Enrollment , Immigration and Customs Enforcement (ICE) , Immigration Procedures , International Travel , Trusted Trader Program , Trusted Traveler

DACA Supreme Court Decision – Further Analysis

As previously reported by Mintz, last week the U.S. Supreme Court upheld three lower court rulings, holding that President Trump’s 2017 move to rescind the Deferred Action for Childhood Arrivals (DACA) program was unlawful...more

6/23/2020 / 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 , Wolf v Vidal , Work Permits

President Trump Issues Proclamation Targeting Certain Chinese Graduate Students and Researchers Seeking to Study or Conduct...

On May 29, 2020, President Trump issued a proclamation suspending the entry of certain Chinese F-1 and J-1 foreign students and exchange visitors who have ties to Chinese institutions that support the People’s Republic of...more

6/8/2020 / F-1 Visa , Immigrants , Immigration Procedures , Immigration Reform , J-1 Visas , Presidential Proclamations , Trump Administration , Visas

Closure of Northern and Southern U.S. Borders for Non-Essential Travel Extended Until May 20, 2020, or Until COVID-19 Coming Into...

On March 20, 2020, the Department of Health and Human Services (HHS) issued an Interim Final Rule (IFR) and the Center for Disease Control (CDC) issued a concurrent order that together closed both the Northern and Southern...more

4/23/2020 / Coronavirus/COVID-19 , Customs and Border Protection , Interim Final Rules (IFR) , International Travel , Travel Restrictions

Forthcoming Executive Order Will Bar Green Card Seekers for 60 Days

On Monday night, April 20th, President Trump ignited fierce speculation after he tweeted that he would be issuing an Executive Order to suspend immigration to the U.S. to protect American jobs in light of the COVID-19-related...more

4/22/2020 / Coronavirus/COVID-19 , Executive Orders , Immigration Enforcement , Immigration Procedures , Visas

NY Trusted Traveler Ban Case: Federalism vs. Immigration Policy Arguments

Further to our legal alerts on this topic, on February 10, 2020, New York State filed a federal court lawsuit against the Department of Homeland Security (DHS) and Customs and Border Protection (CBP), a directorate within DHS...more

2/18/2020 / Administrative Procedure Act , Department of Homeland Security (DHS) , Tenth Amendment , Undocumented Immigrants

A Victory for Digital Privacy Rights at the U.S. Border

Last week, in a historic decision on travelers’ rights to privacy at the U.S. border, U.S. District Court Judge Denise Casper in Boston ruled that suspicionless searches at U.S. ports of entry (airports and border crossings)...more

11/20/2019 / Border Searches , Consumer Privacy Rights , Corporate Counsel , Customs and Border Protection , Electronically Stored Information , Forensic Examination , Fourth Amendment , Immigration and Customs Enforcement (ICE) , Reasonable Suspicion , Travelers , Warrantless Searches

USCIS to Close Majority of its International Offices

On August 9, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that over the course of the coming year it will shutter all but 7 of its 23 international offices. Offices in Beijing, Guangzhou, Nairobi, New...more

8/25/2019 / Foreign Nationals , Form I-130 , Green Cards , Immigrants , Trump Administration , U.S. Embassies , USCIS

Visa Backlog Blues

Yesterday July 11, 2019, the Department of State (DOS) disappointed a lot of people when it published its August, 2019 Visa Bulletin. In this most recent Visa Bulletin, DOS announced that the 2nd and 3rd preference...more

7/19/2019 / Administrative Backlogs , Foreign Nationals , H-1B , Immigration and Nationality Act , Legislative Agendas , Quotas , Temporary Work Visas , US Department of State , Visa Bulletins , Visas

Decreased Privacy in the Visa Application Process

On June 1, 2019 the Department of State (DOS) announced that it would immediately begin requiring visa applicants to the United States to provide additional personal information on U.S. visa applications, including social...more

6/6/2019 / Department of Homeland Security (DHS) , Immigration Reform , Personal Data , Privacy Concerns , Screening Procedures , Social Media , US Department of State , Visa Applications , Visas

When Must an Employer Amend an Approved L-1 Visa Petition?

The L-1 visa regulations mandate to employers that they must file an amended L-1 visa petition: to reflect changes in approved relationships; additional qualifying organizations under a blanket petition; change in capacity...more

1/23/2019 / Employer Liability Issues , Foreign Workers , Hiring & Firing , Immigrants , Immigration Procedures , L-1 Visas , Registration Requirement , USCIS , Visas

8 Best Practices for Managing U.S. Immigration Compliance in 2018 (Part 5 of 5)

In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the fifth and final installment in the...more

9/25/2018 / Customs and Border Protection , Foreign Nationals , Foreign Workers , Hiring & Firing , I-94 Cards , Immigrants , Immigration Procedures , Visas

8 Best Practices for Managing U.S. Immigration Compliance in 2018 (Part 4 of 5)

In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the fourth installment in the...more

9/21/2018 / Employment Authorization Documents (EAD) , Foreign Nationals , Green Cards , Immigrants , Immigration Procedures , Stakeholder Engagement , Temporary Work Visas , USCIS , Visas

8 Best Practices for Managing U.S. Immigration Compliance in 2018 (Part 3 of 5)

In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the third installment in the...more

9/18/2018 / Best Practices , Employer Liability Issues , Foreign Workers , H-1B , Hiring & Firing , Immigration Procedures , USCIS , Wage and Hour

8 Best Practices for Managing U.S. Immigration Compliance in 2018 (Part 2 of 5)

In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the second installment in the series...more

9/14/2018 / Best Practices , Employer Liability Issues , Foreign Workers , Form I-9 , H-1B , Hiring & Firing , Immigration Procedures , Job Applicants , USCIS

8 Best Practices for Managing U.S. Immigration Compliance in 2018 (Part 1 of 5)

In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the first installment in the series. ...more

9/12/2018 / Best Practices , Employer Liability Issues , Foreign Nationals , Foreign Workers , H-1B , Policy Memorandums , USCIS

Does USCIS Want to Turn Lawful Immigrants into Unlawful, Removable Immigrants? The Answer it seems, is “Yes”

The tilt in this Administration towards harsh immigration measures is well known because of high profile moves like the travel bans and the separation and incarceration of parents and young children from Central America who...more

7/20/2018 / Foreign Workers , Immigrants , Immigration and Customs Enforcement (ICE) , Immigration Procedures , Immigration Reform , Notice of Intent , Policy Memorandums , USCIS , Visas

Massachusetts’ New REAL ID-Compliant Driver’s License Requirements

On March 26, 2018, Massachusetts adopted a new system for driver’s licenses and identification (Mass ID) cards to comply with the REAL ID federal standards. Massachusetts residents now have two options for their driver’s...more

4/6/2018 / Asylum , Citizenship , Driver's Licenses , Foreign Nationals , Passports , Popular , REAL IDs , State and Local Government , Temporary Protected Status , Travel , USCIS

National Venture Capital Association Wins Lawsuit Challenging Delay of Implementation of International Entrepreneur Parole Rule

On December 1, 2017 Judge James Boasberg of the U.S. District Court for the District of Columbia granted summary judgment to the National Venture Capital Association (NVCA) in its challenge to a regulation published by the...more

12/20/2017 / Administrative Procedure Act , Department of Homeland Security (DHS) , Entrepreneurs , Foreign Investment , International Entrepreneur Rule , Notice and Comment , Startups , Venture Capital

International Entrepreneur Parole (IEP): NVCA Wins Case Challenging Delay