Melissa Azallion Kenny and Jon Eggert explore the latest updates and trends in immigration law and policy. They discuss best practices for ensuring compliance and strategies for managing immigration challenges in the current...more
USCIS recently implemented a new temporary rule that reinstates the opportunity for a 540-day Automatic Employment Authorization Document (EAD) extension for certain foreign nationals seeking to renew their EAD. USCIS had...more
Foreign nationals often coordinate travel abroad to coincide with the holidays. December can be one of the busiest times of year for visa processing at U.S. Consulates and Embassies abroad. Here are a few helpful...more
The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more
11/9/2023
/ Federal Pilot Programs ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Regulatory Agenda ,
Regulatory Requirements ,
Renewal Options ,
US Department of State ,
USCIS ,
Visas
In an effort to address the ongoing Employment Authorization Document (more commonly known as an “EAD”) processing backlog, USCIS recently announced it would lengthen the maximum validity period for certain EAD categories to...more
10/11/2023
/ Adjustment of Status ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
USCIS ,
Validity ,
Visas
The EB-5 immigrant visa investor program has been used as an alternative source of funding for many real estate developers. EB-5 investors have typically preferred real estate related projects, and EB-5 capital has been used...more
5/19/2023
/ Business Plans ,
Construction Project ,
E-2 ,
EB-5 ,
Entrepreneurs ,
Foreign Investment ,
Foreign Nationals ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Investment Opportunities ,
Investors ,
Land Developers ,
Real Estate Development ,
USCIS ,
Visas
On February 14, 2023, U.S. Citizenship and Immigration Services (USCIS) made a small change in the Child Status Protection Act (CSPA) that will have a significant impact on the lives of many immigrant families....more
2/17/2023
/ CSPA ,
Family Members ,
Foreign Nationals ,
Foreign Workers ,
I-485 Applications ,
Immigrants ,
Immigration Reform ,
Minors ,
Residency Status ,
USCIS ,
Visas
It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more
1/17/2023
/ Adjustment of Status ,
E-3 ,
Employer Liability Issues ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
H-1B ,
H-1B1 ,
Hiring & Firing ,
Immigration Procedures ,
Layoffs ,
Visas
The Department of Homeland Security (DHS) recently issued a new “public charge” final rule that will go into effect December 23, 2022. The new rule will apply to all permanent residency (Green Card) applications filed on or...more
Since its introduction in 2001, the Premium Processing service offered by the U.S. Citizenship and Immigration Services (“USCIS”) has seen notable changes. Premium Processing was originally introduced as an option for certain...more
On January 22, 2022, the Department of Homeland Security (DHS) began requiring all non-U.S. individuals entering the United States by land or ferry across the U.S./Mexico or U.S./Canada borders to be fully vaccinated against...more
Effective December 31, 2021, the United States began permitting noncitizen arrivals from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe. A Presidential Proclamation went into effect on...more
On October 25, 2021, President Biden announced plans to revoke the current country-by-country travel restrictions to the United States which have been in place since January 2020....more
11/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
International Travel ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
Vaccinations ,
Vaccine Passports
Beginning October 1, 2021, United States Citizenship and Immigration Services (“USCIS”) will require COVID-19 vaccinations for all applicants applying for lawful permanent residence (i.e. green card) with some exceptions. ...more
9/22/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
Green Cards ,
Immigration Procedures ,
Individual Mandate ,
Infectious Diseases ,
New Guidance ,
Permanent Residence Cards ,
Request for Evidence (RFEs) ,
USCIS ,
Vaccinations ,
Visas
The Form I-94, Arrival/Departure Record is a document U.S. Customs and Border Protection (CBP) issues to all persons entering the United States except U.S. citizens, returning Legal Permanent Residents, and immigrant visa...more
Resources -
Federal Regulators Taking Aim at Anti-Competitive Employment Practices -
Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. ...more
9/1/2021
/ Construction Project ,
Construction Workers ,
Employment Contract ,
Employment Policies ,
Foreign Nationals ,
Foreign Workers ,
Immigration Procedures ,
National Interest Waiver ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Vaccinations
While the United States has seen a drastic drop in COVID-19 cases as vaccinations become more prevalent, other countries continue to see significant infection rates. Travel restrictions aimed at curbing the spread of...more
6/8/2021
/ Coronavirus/COVID-19 ,
E-2 ,
Foreign Nationals ,
H-1B ,
Immigrants ,
Immigration Reform ,
Infectious Diseases ,
L-Visas ,
National Interest Waiver ,
O Visa Petitions ,
Travel Ban
Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more
5/20/2021
/ DACA ,
Foreign Nationals ,
Green Cards ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
J-1 Visas ,
L-1 Visas ,
Popular ,
Presidential Proclamations ,
Prevailing Wages ,
Public Charge ,
USCIS ,
Wage and Hour
On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was originally set to expire...more
From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last four years. Many legal practitioners expect more of the...more
2/2/2021
/ Biden Administration ,
Border Security ,
DACA ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Green Cards ,
H-1B ,
H-4 ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Visas
Earlier this year, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas through at least December 31, 2020 (“the Proclamation”). On...more
10/6/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration and Nationality Act ,
Injunctions ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Temporary Work Visas ,
Trump Administration
COVID-19 has affected nearly all areas of immigration, including the speed at which the United States Citizenship and Immigration Services (“USCIS”) is able to produce the Employment Authorization Document (“EAD card”). ...more
As discussed in our previous post, the White House recently issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. The original Proclamation provided...more
7/7/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
Visas
On June 22, 2020, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. Just two months earlier, on April 22, 2020, the...more
On May 29, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced the phased resumption of Premium Processing. Premium Processing allows employers to obtain expedited decisions on certain immigration filings by...more