Gibney Anthony & Flaherty, LLP

The U.S. Department of Homeland Security (DHS) has designated Croatia for inclusion in the Visa Waiver Program (VWP). Eligible Croatian nationals who have an electronically readable passport (e-Passport) and who have obtained…more

Biden Administration, Coronavirus/COVID-19, Croatia, Department of Homeland Security (DHS), International Travel

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Wesley Cheung

USCIS Will Adjust Filing Fees on October 2, 2020

Effective October 2, 2020, filing fees for certain non-immigrant, immigrant, and naturalization benefit requests will be adjusted to help meet U.S. Citizenship and Immigration Services (USCIS) operational needs. As a fee-funded…more

Department of Homeland Security (DHS), Filing Fees, Final Rules, Immigrants, Naturalization

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Peter Cousins

Athlete Opportunity and Taxpayer Integrity Act: New NIL Legislation Seeks to Protect Student Athletes

U.S. Senators Ben Cardin (D-Md.) and John Thune (R-S.D) recently introduced the Athlete Opportunity and Taxpayer Integrity Act. The goal of the bipartisan legislation is to protect student athletes by preventing individuals and…more

Athletes, Charitable Donations, Name and Likeness, Nonprofits, Proposed Legislation

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Jennifer Davis

USCIS Expands Premium Processing to E-3 Visas

On February 24, 2021, USCIS expanded its premium processing service to Petitioners requesting a change of status or extension of status in the E-3 Specialty Occupation Workers from Australia nonimmigrant visa classification..…more

E-3, Extensions, Non-Immigrant Visas, Processing Fees, Specialty Occupations

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Irem Dogan

USCIS Completes Second H-1B Lottery for FY 2025

USCIS announced on August 6, 2024 that it completed the second H-1B cap lottery for fiscal year (FY) 2025 H-1B cap. All employers with selected registrations have been notified. Employers with selected registrations from the…more

Employer Liability Issues, Fees, Filing Deadlines, Form I-129, Form I-907

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Beth Frenchman-Gellman

USPTO Issues Patent and Trademark Filing Deadline Extensions

The United States Patent and Trademark Office (USPTO) is providing extensions to file certain patent and trademark-related documents and pay required fees as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES)…more

CARES Act, Filing Deadlines, Patent Applications, Patents, Time Extensions

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Michelle Guardado

Diversity Visa Lottery Now Open for FY 2025

WHAT IS THE DIVERSITY VISA LOTTERY? The Diversity Immigrant Visa Program (“DV Program” or “DV-2025 Program”) is a government lottery program that provides up to 55,000 immigrant visas (aka green cards) to persons from…more

Diversity Lottery, Foreign Nationals, Green Cards, Immigration Procedures, Permanent Residence Cards

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Jasveer Jabbal

USCIS Increases Premium Processing Fees

U.S. Citizenship and Immigration Services (USCIS) will increase premium processing fees for a number of immigration benefit applications due to inflation. The fee increases, outlined below, will take effect on February 26, 2024…more

Applicants, Employer Liability Issues, Employment Authorization Documents (EAD), Fees, Filing Deadlines

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Desiree Jamasbi

FTC Issues Final Rule Effectively Banning Workplace Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) announced it had approved its final rule that would effectively ban workplace non-compete agreements, with limited exceptions (the “Final Rule”). The effective date of the…more

Competition, Employees, Employer Liability Issues, Employer Responsibilities, Employment Contract

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David Johnson

USCIS Makes Updates to Guidance and Increases Investment and Revenue Thresholds for the International Entrepreneur Rule

U.S. Citizenship and Immigration Services (USCIS) provided updated guidance on the eligibility requirements for the International Entrepreneur Rule (IER). Starting on October 1, 2024. USCIS will increase investment and revenue…more

Department of Homeland Security (DHS), Eligibility, Entrepreneurs, Guidance Update, International Entrepreneur Rule

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Ruby Li

New EB-5 Program Rules Start November 21: What To Expect

U.S. Citizenship and Immigration Services (USCIS) has made significant changes to the Immigrant Investor Program (EB-5) through their establishment of new EB-5 modernization regulations. The EB-5 program permits individuals to…more

Conditional Permanent Residence, EB-5, EB-5 Regional Centers, Economic Development, Entrepreneurs

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Katherine A. Llangari

USCIS Employment Authorization Document Validity Period Updates

USCIS INCREASES EMPLOYMENT AUTHORIZATION DOCUMENT VALIDITY FOR SELECT CLASSIFICATIONS - USCIS issued updated guidance increasing the validity period of Employment Authorization Documents (EADs) issued to certain categories…more

Classification, Employment Authorization Documents (EAD), Immigration Procedures, Immigration Reform, New Guidance

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John Macaluso

European Commission Adopts Toolbox to Combat Counterfeiting

The European Commission has adopted a toolbox to combat counterfeiting and help brands enforce their intellectual property rights. The toolkit builds on the Commission’s 2020 Intellectual Property Action Plan to enhance IP…more

Digital Services, Dispute Resolution, Enforcement, EU, European Commission

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Inez Macedonio

USCIS to Extend Green Card Validity for Renewal Applications to 36 Months

Starting on September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) has automatically extended the validity of Permanent Resident Cards (Green Cards) to 36 months for lawful permanent residents who submit Form…more

Extensions, Green Cards, Immigration Procedures, Immigration Reform, Permanent Residence Cards

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Angelo Mazza

Automated IP Enforcement: Moving Towards Better Results

Last year in our article “What Will Post Pandemic IP Enforcement Look Like,” we looked at the future of enforcement and what strategies may emerge and take root post-pandemic. As it appears we are moving to an endemic stage, it…more

Artificial Intelligence, Automation Systems, Counterfeiting, Enforcement, Intellectual Property Protection

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Amy McCoy

Immigration by the Numbers: Key Stats on FY 2025 H-1B Cap Lottery and H-1B Alternatives

With the second round of the H-1B cap lottery just completed, the United States Citizenship and Immigration Service (USCIS) has now released statistics for this year’s H-1B cap selections as well as statistics on H-1B…more

EB-2, H-1B, Immigration Procedures, Lottery, Physician National Interest Waiver (PNIW)

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Violeta Petrova

Biden Administration Announces Expansion of Immigration Policies to Benefit STEM Students, Scholars and Researchers

The Biden-Harris Administration announced an expansion of immigration policies to benefit Science, Technology, Engineering, and Mathematics (STEM) degree students and graduates, in a stated effort to strengthen the U.S. economy…more

Biden Administration, EB-2, F-1 Visa, J-1 Visas, National Interest Waiver

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Ellen Poreda

UK Issues New Travel Rules Effective June 8

The United Kingdom has issued new rules for travelers entering or returning to the country on or after Monday, June 8, 2020. This requirement will apply to British citizens, residents of the UK, and international visitors…more

Business Travel, Coronavirus/COVID-19, Lawful Permanent Residents, Social Distancing, Travel

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Roderick Potts

Understanding Intracompany Transferee Visas and the Associated Green Card Sponsorship Process

In Episode 1 of the Hasta La Visa, Baby Podcast, we discuss the characteristics and differences of L-1A and L-1B Intracompany Transferee visas. We also highlight the Employment Based First Preference multinational manager green…more

Employees, Employer Liability Issues, Form I-129, Form I-140 Petitions, Green Cards

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Minal Shah

USCIS Rejections and Delays Due to April 1 Changes

Gibney attorneys and American Immigration Lawyers Association (AILA) members have been monitoring nationwide issues with U.S. Citizenship and Immigration Services (USCIS) processing related to erroneous rejections and delays in…more

American Immigration Lawyers Association (AILA), Filing Requirements, Immigration Procedures, USCIS

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Maja Szumarska

Year-End IP Legislation

Shortly before midnight on December 21, 2020, Congress passed a 1.4 trillion omnibus spending package in order to avoid a federal government shut down. Included in the 5,593 page legislation were significant alterations to the…more

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Robert Tracy

FTC Issues Final Rule Effectively Banning Workplace Non-Compete Agreements

Competition, Employees, Employer Liability Issues, Employer Responsibilities, Employment Contract

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