On April 22, 2020, President Trump signed an Executive Order restricting immigration to the United States with the stated intent of protecting U.S. citizens from job competition and preserving medical resources as the economy...more
Last Wednesday night, President Trump issued a proclamation restricting direct travel from the European “Schengen” Region to the United States. There has been some confusion about the nature of the restrictions and who is...more
3/18/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
EU ,
Foreign Nationals ,
Immigrants ,
Infectious Diseases ,
Public Health ,
Screening Procedures ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration
As 2019 draws to a close and millions of people contemplate their resolutions for the new year, USCIS made good on their promise (discussed in our prior article) and announced the implementation of a new H-1B filing process...more
12/10/2019
/ Diversity Lottery ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
New Regulations ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
The Social Security Administration (SSA) resumed sending Employer Correction Request Notices, more commonly referred to as “No-Match Letters”, to employers in the Spring of 2019, following a seven-year period with no issuance...more
Often times, the first question asked by employment-based Green Card beneficiaries during an initial strategy consultation is, “How long until I have my Green Card in hand?” While the answer varies depending on the particular...more
8/24/2019
/ EB-1 ,
EB-2 ,
EB-3 ,
EB-4 ,
Foreign Nationals ,
Green Cards ,
PERM ,
US Department of State ,
USCIS ,
Visa Bulletins ,
Visas
Now that the April 1, 2019 H-1B visa deadline has passed, thousands of employers may find themselves looking for an alternative to employ valuable foreign workers. While not receiving as much media popularity as the H-1B...more
4/16/2019
/ E-2 ,
Foreign Investment ,
Foreign Nationals ,
Foreign Workers ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Investors ,
L-Visas ,
USCIS ,
Visas
While students across the country are getting ready for spring break, school districts are already preparing to hire teachers for the next academic cycle. Many districts are suffering from a nationwide teaching shortage and...more
The current government shutdown does not affect the vast majority of USCIS’s activities. Their offices are open, and interviews and appointments are proceeding as normal. USCIS continues to accept petitions and applications...more
1/17/2019
/ Conrad 30 Waiver ,
E-Verify ,
EB-5 ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Filing Deadlines ,
Foreign Nationals ,
Foreign Workers ,
Government Shutdown ,
Immigrant Investor Program ,
Immigration Procedures ,
J-1 Visas ,
Religious Workers ,
Tentative Nonconfirmation ,
Time Extensions ,
USCIS
Recent ICE activity has demonstrated the importance of properly completing Form I-9 and the consequences that result from not doing so. One of the best ways for a company to feel confident upon receipt of an audit notice from...more
1/16/2019
/ Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Records ,
Risk Mitigation ,
Undocumented Immigrants ,
Voluntary Self-Audit
Every January, employers begin making preparing for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa...more
1/9/2019
/ Comment Period ,
Department of Homeland Security (DHS) ,
Filing Deadlines ,
Filing Requirements ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Lottery ,
Proposed Rules ,
Public Comment ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
Even the simplest tasks tend to be chaotic around the holidays, and a trip to the U.S. Consulate for a visa interview is no exception. With no school for children and a desire to be with extended family during the holidays,...more
11/8/2018
/ Background Checks ,
Consulate ,
Family-Based Visas ,
Foreign Nationals ,
Holidays ,
International Travel ,
Interviews ,
Non-Immigrant Visas ,
Passports ,
Travel Permits ,
Travelers ,
Visa Applications ,
Visas ,
Work Visas
USCIS has implemented a new Policy Memorandum affecting foreign national students (F-1 and M-1) and exchange visitors (J-1). The memo, “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” became effective on August...more
After months of anticipation, it appears the first major H-1B program-related change will be the recession of employment authorization for certain H-4 spouses. The change should have the largest effect on Chinese and Indian...more
1/24/2018
/ DACA ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
H-1B ,
H-4 Spouses ,
Recessions ,
Time Extensions ,
Trump Administration ,
Work Visas
With changes in late 2017, many employers are gearing up for H-1B season on April 1, 2018. The H-1B visa allows foreign nationals to work in occupations that require at least a U.S. Bachelor’s Degree (or foreign equivalent)...more
1/22/2018
/ Diversity Lottery ,
Filing Deadlines ,
Filing Requirements ,
Foreign Nationals ,
Green Cards ,
H-1B ,
Trump Administration ,
USCIS ,
Visa Applications ,
Visa Caps ,
Work Visas
While students across the country are heading back to finish the school year, school districts are already preparing to hire teachers for the next academic term. Districts are suffering from a nationwide teaching shortage and...more
1/10/2018
/ Colleges ,
Diversity Lottery ,
Employee Retention ,
Filing Deadlines ,
Foreign Nationals ,
Green Cards ,
H-1B ,
New Hires ,
New Rules ,
School Districts ,
Teachers ,
Universities ,
USCIS ,
Visas
On October 1, 2017, United States Citizenship and Immigration Services (“USCIS”) began phasing-in interviews for all employment-based green card applicants. Interviews have always been mandatory, but historically USCIS has...more
10/25/2017
/ Employees ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
I-485 Applications ,
Immigration Procedures ,
Interviews ,
Trump Administration ,
USCIS ,
Visas ,
Waivers
The H-2B visa program allows businesses in the United States to sponsor foreign nationals for a temporary visa to work in nonagricultural jobs. The H-2B program is popular among employers in the hospitality, tourism, and...more
9/29/2017
/ Department of Homeland Security (DHS) ,
Exemptions ,
Final Rules ,
Foreign Nationals ,
H-2B ,
Hospitality Industry ,
Irreparable Harm ,
J-1 Visas ,
Proposed Legislation ,
Temporary Work Visas ,
Visa Caps ,
Visas
The United States Supreme Court recently stayed portions of two (2) U.S. Circuit Court opinions and allowed parts of President Trump’s travel ban to go into effect. Foreign nationals from Iran, Libya, Somalia, Sudan, Syria,...more
7/12/2017
/ B-1 ,
B-2 ,
Bona Fide Relationship Test ,
Business Visitor ,
Executive Orders ,
Foreign Nationals ,
Immigration Procedures ,
Immigration Reform ,
International Travel ,
Preliminary Injunctions ,
SCOTUS ,
Travel Ban ,
Traveling Employee ,
Trump Administration ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project ,
Visas ,
Work Visas
With the increased focus on foreign language programs — particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of instruction—schools districts are...more
6/1/2017
/ 501(c)(3) ,
Colleges ,
Diversity Lottery ,
Foreign Language ,
Foreign Nationals ,
H-1B ,
Lawful Permanent Residents ,
Nonprofits ,
Popular ,
School Districts ,
Teachers ,
Universities ,
Visa Caps ,
Visas
While the Executive Order (“the Order”) issued by President Trump on January 27, 2017, and temporarily halted by the District Court in the Western District of Washington and subsequently by the Ninth Circuit Court of Appeals,...more
Advocates, employers, and employees are in a state of suspense in anticipation of potential changes to the H-1B program. The H-1B visa allows foreign workers to be employed in certain "specialty occupations," which are...more
2/22/2017
/ Diversity Lottery ,
F-1 Visa ,
Filing Deadlines ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Immigration Reform ,
OPT ,
Permanent Residence Cards ,
Trump Administration ,
Visas
One of the biggest drawbacks for employers trying to utilize the H-1B visa program is the numerical cap. The current law limits the number of H-1B visas available to 65,000 annually with an additional 20,000 available to...more