The Immigration and Nationality Act delegates authority to the Department of Homeland Security (DHS) to decide whether to parole a foreign person into the United States. Parole is a discretionary remedy decided on a...more
Certain foreign entrepreneurs have a new pathway available to enter the United States to develop a business concept through a start-up company. Entrepreneurs who will have a central and active role in a start-up company that...more
On September 8, 2022, United States Citizenship and Immigration Services (USCIS) announced its long waited public charge rule. As outlined in our previous alert, in March 2021, USCIS rescinded its public charge rule, which...more
J-1 exchange visitors who received graduate medical education or training in the U.S. are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act (INA). This...more
On July 20, 2021, the U.S. Court of Appeals for the D.C. Circuit held that the Immigration and Nationality Act (“INA”) precludes court review of a decision by U.S. Citizenship and Immigration Services (“USCIS”) to revoke a...more
The English nursery rhyme was wrong. Not only do sticks and stones break our bones, but words can also hurt. This is the lesson recently imparted by the Acting Director of U.S. Citizenship and Immigration Services (USCIS),...more
Some 50,000 foreign nationals with approved Lawful Permanent Residency (Green Card) applications have been waiting for months to receive their cards, which provide proof of lawful permanent resident status. Without these...more
The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more
A U.S. immigrant may feel that receiving a green card (permanent residence) is the end goal of their immigration journey. However, if a permanent resident plans to become a U.S. citizen, he or she should be aware that certain...more
President Trump’s October 9, 2019 overtures landed as music to the ears of many a grizzled immigration lawyer who persistently suffers battle fatigue from the culture of virtually never. On that day the President released a...more
As another year of medical residency registration begins across the U.S., J-1 physicians in their final year of training find themselves at a critical crossroads: they can return to their respective home countries at the...more
U.S. Supreme Court Upholds Travel Ban - After many lawsuits and appeals, on June 27, 2018, the Supreme Court of the United States upheld the Trump administration’s September 24, 2017, travel ban of nationals from Iran,...more
To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more
On December 19, 2016, the Department of Justice (DOJ) issued a final rule that revises the DOJ's regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to unfair immigration-related...more
I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more
USCIS has issued a new policy memorandum (PM) outlining relevant considerations in assessing whether a position qualifies as a “same or similar” occupation to the foreign national’s previously approved job for purposes of...more
Action Item: The U.S. Department of State (“DOS”), in coordination with U.S. Citizenship and Immigration Services (“USCIS”), has announced that it has revised “the procedures for determining visa availability for applicants...more