U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual to clarify the circumstances under which the agency, in its discretion, may forgive a failure to timely file a nonimmigrant extension of stay or...more
U.S. Citizenship and Immigration Services (USCIS) recently published an update to its web page outlining Options for Nonimmigrant Workers Following Termination of Employment. Notably, the agency indicated that it will...more
Whether your organization is involved in the purchase of a company, a merger of corporate entities, or the spinoff of a business unit into an entirely new company, an often-overlooked aspect is taking the proper steps to...more
On August 3, 2020, USCIS published a final rule that will increase filing fees for certain petitions and applications to help recover its operational costs. The final rule goes into effect on October 2, 2020, and any...more
On January 31, 2020, the President signed a Proclamation imposing visa and admission restrictions on Eritrea, Kyrgyzstan, Nigeria, Sudan, Tanzania and Myanmar (Burma). Restrictions for these countries are limited to immigrant...more
On January 31, 2020, the Trump administration expanded the list of countries affected by Presidential Proclamation 9645, more commonly referred to as “Travel Ban 3.0.” Nigeria, Eritrea, Kyrgyzstan, Myanmar, Sudan, and...more
This November, the United States Supreme Court is set to hear oral arguments on the case that will decide the fate of the Deferred Action for Childhood Arrivals (DACA) program. This program, established through executive...more
Seyfarth Synopsis: U.S. District Court in New York issued a nationwide injunction blocking the implementation of USCIS’ final rule on inadmissibility on public charge grounds, which rule resulted in significant changes to...more
August 28, 2018, USCIS announced that it is extending the temporary suspension of premium processing for cap-subject H-1B petitions. In addition, starting September 11, 2018, USCIS will expand the suspension to include...more
Today August 28, 2018, USCIS announced that the temporary suspension of Premium Processing (expedited processing) for H-1B Cap Petitions will be extended beyond September 10, 2018 and will likely last until February 19, 2019....more
As of April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. Therefore petitioners will not have the option to request 15-day, premium processing on H-1B petitions filed on or after April 3,...more
Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration....more
From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more
Last week, the Department of Homeland Security (DHS) issued a proposed rule that would amend its F-1 nonimmigrant student visa regulations regarding optional practical training (OPT) for students with higher education degrees...more
New rule would extend STEM optional practical training to 24 months. On October 19, the US Department of Homeland Security (DHS) published a proposed rule in the Federal Register to amend its F-1 nonimmigrant student...more
As students and scholars’ status change from F-1, J-1 or other FICA exempt statuses to H-1B starting October 1, these employees will become subject to FICA taxes upon the effective date of their H-1B status....more
The previously announced filing date cut-offs have been rolled back significantly. On September 25, the US Department of State issued a revised October Visa Bulletin that contains new and earlier filing cut-off dates...more