News & Analysis as of

Requests for Evidence

Tonkon Torp LLP

The Return of Extreme Vetting: Impact on Cases Filed with USCIS and Visa Processing at U.S. Embassies and Consulates

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The slew of executive orders published by the Trump Administration in January included references to: •Vetting and screening to the maximum degree across agencies - •Reestablishing a uniform baseline for screening and...more

Quarles & Brady LLP

The Top Five Areas of Business Immigration Likely to be Impacted by and How to Prepare for the Second Trump Administration

Quarles & Brady LLP on

This article summarizes key take-aways from our December 3, 2024 webinar titled Business Immigration – What to Expect Under a Second Trump Administration. We focused on what the first Trump Administration proposed or enacted,...more

Seyfarth Shaw LLP

Understanding the First Preference Extraordinary Ability Category for Immigrant Visas and USCIS’s New Guidance

Seyfarth Shaw LLP on

The Employment-Based First Preference (EB-1) immigrant visa category is designed to attract top and critical talent to the U.S. This category includes individuals with extraordinary abilities in fields such as science, arts,...more

Searcy Denney Scarola Barnhart & Shipley

How to Prove Liability in a Car Accident Case in Florida

The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more

CDF Labor Law LLP

COVID-19 Vaccine Required to Immigrate to the United States

CDF Labor Law LLP on

On October 1, 2021, immigrants to the US will be required to supply evidence of vaccination against COVID-19 as a condition of immigrant visa issuance or approval of an adjustment of status application....more

Fox Rothschild LLP

Which Time Zone Controls The Timeliness Of Discovery Requests At The TTAB?

Fox Rothschild LLP on

In a recent precedential decision, the TTAB confronted the issue of timeliness of discovery requests served in opposition and cancellation proceedings—namely, whether Eastern Standard Time (EST) controls the timeliness of...more

Cozen O'Connor

USCIS Updates Policies to Improve Immigration Services

Cozen O'Connor on

On June 9, 2021, U.S. Citizenship and Immigration Services (USCIS) issued new policy updates to the USCIS Policy Manual that will clarify the criteria and circumstances for expedited processing; improve the existing request...more

Jackson Lewis P.C.

DHS Issues New Policies On Expedited Processing, Requests For Evidence, And More

Jackson Lewis P.C. on

Secretary of the Department of Homeland Security Alejandro N. Mayorkas has announced several new USCIS policies meant to improve the legal immigration system, eliminate barriers, and reduce burdens on applicants...more

Jackson Lewis P.C.

USCIS Announces Return To Deference Policy

Jackson Lewis P.C. on

Deference is back! USCIS announced that, effective immediately, it will reinstate its 2004 policy of deferring to prior determinations of eligibility. Rescinded by the Trump administration, this policy directed officers...more

Cozen O'Connor

USCIS Extends Flexibility Deadlines for Responding to Requests

Cozen O'Connor on

On Thursday, January 28, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it will be extending deadlines for responding to specific requests from the agency due to the COVID-19 pandemic. ...more

Tonkon Torp LLP

DHS Publishes Regulation Impacting H-1B Program

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On October 8, 2020, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) that significantly revises the "specialty occupation" H-1B legal standard, among other changes. The regulation is...more

Mintz - Immigration Viewpoints

USCIS Announces Extended Deadlines for Petitioners/Applicants to Respond to RFEs and NOIDs

In response to the COVID-19 pandemic and the numerous travel bans and “shelter in place” orders which have been recently announced, the U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend...more

Farrell Fritz, P.C.

Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a...

Farrell Fritz, P.C. on

New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more

UB Greensfelder LLP

[Webinar] The New Restrictive World of Business Immigration: Strategies to Hire and Maintain Foreign Talent - January 14th, 2:00...

UB Greensfelder LLP on

Join Ulmer for a live webinar on January 14 at 2 p.m. (ET) as Partner David W. Leopold discusses what corporate counsel must know about navigating increasingly complicated policies aimed at business immigration....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Requests for Evidence and Visa Denials Continue to Climb in 2019

U.S. Citizenship and Immigration Services (USCIS) has issued updated data confirming that requests for evidence (RFE) and denials continue to climb for most commonly used nonimmigrant visas. The rate of RFEs and denials for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Issues Top 10 Reasons for H-1B RFEs

U.S. Citizenship and Immigration Services (USCIS) has published a breakdown of the top 10 reasons it issued requests for evidence (RFEs) for H-1B petitions in fiscal year (FY) 2018. The list lends some context to recent USCIS...more

Proskauer - Proskauer For Good

How Changes in Immigration Policy Impact Pro Bono Work

U.S. immigration policy has changed quickly and substantially in the past two years. While a handful of policies have received the majority of media attention—such as the separation of families at the border—the Department of...more

Proskauer Rose LLP

Premium Processing Resumes for all H-1B Petitions

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The United States Citizenship and Immigration Service (USCIS) is resuming Premium Processing for all H-1B Petitions on Tuesday, March 12, 2019. Premium processing is an expedited process. For an additional filing fee of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Data Confirms Increase in RFEs and Denials, Especially for H-1Bs

U.S. Citizenship and Immigration Services (USCIS) released new data confirming that both requests for evidence (RFEs) and denials are on the rise for many nonimmigrant visa categories. The rates for RFEs and denials, which...more

Proskauer Rose LLP

Partial Return of Premium Processing to Pending H-1B Petitions on Tuesday, February 19, 2019

Proskauer Rose LLP on

The United States Citizenship and Immigration Service (USCIS) announced today February 15, 2019, that it will resume premium processing on Tuesday, Feb. 19, 2019 for all H-1B petitions filed on or before Dec. 21, 2018....more

Proskauer Rose LLP

USCIS Clarifies the L-1 One-Year Foreign Employment Requirement

Proskauer Rose LLP on

On November 29, 2018, U.S. Immigration and Citizenship Services (USCIS) announced the publication of a policy memorandum dated November 15, 2018 that clarified the L-1 one-year foreign employment requirement. The memorandum...more

Littler

USCIS Developments on the Discretion Afforded Adjudicators, and H-1B Premium Processing

Littler on

In recent weeks, several notable policy changes have taken place concerning the adjudication of immigration petitions by the United States Citizenship and Immigration Services (USCIS)....more

Proskauer Rose LLP

The USCIS "NTA" and "RFE" Memos: Continue Doing Business But Tread Carefully

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Beginning shortly before President Trump issued his Buy American Hire American executive order in April 2017, United States Citizenship and Immigration Services (USCIS), the agency within the Department of Homeland Security...more

Proskauer Rose LLP

H-1B Cap: Start Planning Today for "Buy American, Hire American"

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Although we are still officially in the year 2017, it is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2019 (FY2019). H-1B cases must be filed between April 2, 2018 and April 7, 2018 to be...more

Williams Mullen

The Future of H-1B Visas May Be Scrooged

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The H-1B visa program allows companies in the United States to temporarily employ foreign workers in “specialty occupations.” In recent months, several changes to the program have either been announced or proposed, with...more

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