News & Analysis as of

United States Citizenship and Immigration Services

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -

Employers: Beware of Form I-9 Email Scam

In a statement released yesterday, the Department of Homeland Security (DHS) warned that employers across the United States have been receiving scam emails requesting information from and copies of the Form I-9, Employment...more

My I-751 Conditional Residence Removal Case is Pending for Too Long. How Do I Prove My Lawful Status?

The Form I-751 is used by conditional residents to remove the conditions on residence and obtain a 10-year lawful permanent resident card. The Form I-751 must be filed during the 90-day “window” before conditional residence...more

Phasing In Interviews for Employment-Based Permanent Residence Cases

by Ronald Shapiro on

As of October 1, 2017, US Citizenship and Immigration Services (USCIS) has officially begun to phase-in interviews for individuals seeking permanent residence in the U.S. in employment-based cases. Interviews are typically...more

Immigration Weekly Round-Up: Reconsideration of DACA Applications, Immigration Status in Court & Sanctuary Cities, ICE Enforcement...

– U.S. Citizenship and Immigration Services to Reconsider Delayed DACA Applications. When the Trump Administration announced in September that DACA would be ending, and that the final applications would be accepted no later...more

Looking into our Crystal Ball to Plan Ahead for H-1B Season

It’s hard to believe that H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2019 on Monday, April 2, 2018. As such, employers...more

US Department of State Releases December 2017 Visa Bulletin

by Morgan Lewis on

EB-1 remains current; “Dates for Filing” chart remains stagnant. The US Department of State has released its December 2017 Visa Bulletin, setting out per-country priority date cutoffs that regulate immigrant visa...more

The Impact of U.S. Immigration Changes Over The Past Year Under The Trump Administration: What You Need To Know

by Tarter Krinsky & Drogin LLP on

Despite the fact that the new administration has not had any legislative success in the immigration arena over the past year, U.S. Citizenship Services has issued many updated policy memos changing procedures and changed the...more

USCIS Issues Scam Alert for Employers

by Shipman & Goodwin LLP on

U.S. Citizenship and Immigration Services (USCIS) is warning that some employers are receiving scam emails requesting Form I-9 information. The emails appear to come from USCIS, from a fraudulent email address:...more

USCIS Issues Policy Memorandum Defining L-1A and EB-1 “Function Managers”

by Pierce Atwood LLP on

USCIS has issued a policy memorandum designating the decision of the Administrative Appeals Office in Matter of G- Inc. as policy guidance that applies to and binds all USCIS employees....more

Are You Using the Most Current I-9?

by Foley Hoag LLP on

This past summer, U.S. Citizenship and Immigration Services (USCIS) released another new version of the Form I-9, Employment Eligibility Verification, which went into effect on September 18, 2017. The corresponding M-274...more

Can They Really Do That?

by Womble Bond Dickinson on

Best Practices for Managing U.S. Border Searches of Electronic Devices - Effective October 18, 2017, the U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs...more

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for Fiscal Year 2019 on April 2, 2018

U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2019 (FY 2019) starting April 2, 2018. Because April 1, 2018 falls on a Sunday, USCIS will accept...more

Do Not Respond To Emails Requesting I-9 Information

by Jackson Lewis P.C. on

The USCIS has issued the following notice regarding scam emails requesting I-9 information:- USCIS has learned that employers have received scam emails requesting Form I-9 information that appear to come from USCIS....more

What Employers Need to Know About Employment-Based Green Card Interviews

by Foley Hoag LLP on

Based on President Trump’s Executive Order 13780, "Protecting the Nation from Foreign Terrorist Entry Into the United States," USCIS has implemented a new policy to interview all employment-based adjustment of status...more

Compliance News Flash

by Arnall Golden Gregory LLP on

This week’s Compliance News Flash features information on New York City’s pay equity law, stats on FCRA litigation, personnel moves at the Federal Trade Commission, news about a Form I-9 scam, and information about my...more

AB 450: California’s Law of Unintended Immigration Consequences

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California’s new law, Assembly Bill 450, signed by Governor Brown on October 5, and effective January 1, 2018, imposes several new immigration-related duties on California employers and the potential for...more

U.S. Citizenship Services Rescinds Former Deferential Policy Regarding Nonimmigrant Visa Petitions

U.S. Citizenship Services (USCIS) rescinded its long-honored policy guidelines that were instituted in April 2004, and were in effect until October 23, 2017 regarding giving deference to the adjudication of prior nonimmigrant...more

Employment-Based Adjustment Applicants Will Be Interviewed Prior to Green Card Approval

by Cozen O'Connor on

U.S. Citizenship and Immigration Services (USCIS) recently announced that beginning October 2, 2017, all I-140-based adjustment of status applicants will be required to appear for an in-person interview at a local USCIS...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

USCIS Formalizes Policy On Lack Of Deference To Previously Approved Petitions

by Jackson Lewis P.C. on

All I-129 petitions, whether initial requests or requests for extension of visa status, will be subject to the same level of scrutiny, USCIS has confirmed. The agency will no longer defer to the findings of a previously...more

Beltway Buzz - October, 2017 #4

D.C. is humming this week, as the Senate and House are both in session after taking turns on recess the past two weeks. 401(k) Pre-Tax Deferrals: An Endangered Species? After being overshadowed by ACA repeal-and-replace...more

USCIS's Updated Policy on Adjudications of Nonimmigrant Worker Visa Petitions Rescinds Former Deferential Policy

by Littler on

On October 23, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) rescinded policy guidelines in effect since April 2004 regarding requests for the extension of certain nonimmigrant visas (i.e., visa petitions...more

USCIS to Increase Scrutiny of Employment Based Visa Extension Petitions

by Varnum LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that officers are directed to apply the same level of scrutiny to both initial petitions and extension requests....more

H-1B Work Site Visits Expected To Increase: What Employers Need To Know

by Fox Rothschild LLP on

On October 20, 2017, the Department of Homeland Security Office of the Inspector General issued Report OIG-18-03, “USCIS Needs a Better Approach to Verify H-1B Visa Participants”, targeting fraud in immigration processes,...more

Increased Scrutiny Coming to Nonimmigrant Visa Adjudications

Since 2004, the U.S. Citizenship & Immigration Services (USCIS) has adhered to a policy of deferring to prior determinations when adjudicating petitions for extensions of nonimmigrant status. Its memorandum of October 23,...more

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