The Department of Homeland Security (DHS) published a proposed rule that could provide an unusual type of immigration benefit called "parole" to individuals seeking a key role in start-up entities in the United States backed...more
Canada has a new entry requirement. Effective March 15, 2016, visa-exempt foreign nationals must now have an Electronic Travel Authorization (eTA) to fly to or transit through Canada. A result of the Perimeter Security and...more
The USCIS received more than 236,000 H-1B petitions during this year's FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. master's...more
The Department of Labor (DOL) has announced that it will continue to accept emergency requests until midnight on April 29, 2016, for H-2B applications filed on or between April 2 and April 29, 2016. This extension is due to...more
On March 11, 2016, the U.S. Department of Homeland Security (DHS) published its final rule on enhancements to the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering...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
DHS recently published amended regulations affecting certain highly skilled workers in specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3), nonimmigrant workers in the Commonwealth of the Northern Mariana...more
UPDATE: CBP has announced that Libya, Somalia, and Yemen are now included with Iran, Iraq, Sudan and Syria as countries of concern, so that individuals who have traveled to these countries since March 1, 2011 are not eligible...more
H-1B Cap season is approaching, and, with a similar flurry to file petitions for eligible specialized knowledge workers expected for April 1 as we experienced in 2015, H-1B employers should carefully consider the obligations...more
In the aftermath of the Paris and San Bernardino attacks, the Visa Waiver Program (VWP) was amended significantly on December 18, 2015, when the enactment of the 2016 Consolidated Appropriations Act (H.R. 2029) was signed...more
On December 31, 2015, United States Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register in furtherance of President Obama’s executive action to modernize, improve and clarify certain...more
On December 31, 2015, United States Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register in furtherance of President Obama’s executive action to modernize, improve and clarify certain...more
In a recent meeting between the Verification and Document Liaison Committee within American Immigration Lawyers Association (AILA) and USCIS’s Verification Division and ICE Homeland Security Investigations, further guidance...more
As of November 19, 2015, the Foreign Affairs Manual (FAM) Chapter 9 “9 FAM” has been revised, rewritten, renumbered and relocated to 9 FAM-e on the Department of State website. This 9 FAM-e is now the authoritative source for...more
Where is the Foreign Affairs Manual?
As of November 19, 2015, the Foreign Affairs Manual (FAM) Chapter 9 “9 FAM” has been revised, rewritten, renumbered and relocated to 9 FAM-e on the Department of State website. This...more
We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more
6/17/2015
/ Compliance ,
Filing Requirements ,
Foreign Workers ,
H-1B ,
H-2B ,
H-4 Spouses ,
Immigration ,
Immigration Reform ,
LCA ,
Relocation ,
USCIS ,
Visas
If you filed an H-1B petition that did not get accepted for processing under the FY2016 Cap, you are not alone. This year a record number of 233,000 petitions were filed in a mad scramble for the annual supply of 85,000 new...more
Effective May 26, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting work authorization for H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 petition...more
This month: Helpful guidance in a tricky I-9 situation, and a "Known Employer" program in development.
I-9 Guidance and Handling Former Documents that are Not Genuine -
On February 18, 2015, the United States...more
New Initiatives = New Targets for Scams -
Unfortunately, where there is uncertainty, there are those who will use scams to target those individuals looking for clarity. On November 20, 2014, the President announced a...more
1/28/2015
/ B-1 ,
Barack Obama ,
Business Travel ,
Cuba ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Fraud ,
Mobile Apps ,
Ports ,
Scams ,
Travel Permits ,
USCIS
The Department of Homeland Security (DHS) recently implemented security measures for the application for Electronic System for Travel Authorization (ESTA) required for those traveling to the United States under the Visa...more
Applications for the 2016 Diversity Visa Lottery are now being accepted and must be submitted electronically by noon, Eastern Standard Time, on Monday, November 3, 2014, to be considered. Each year, the United States...more
On Saturday, August 23, 2014, the Department of State dramatically announced that EB-5 visas (for immigrant investors) were no longer available for the remainder of the fiscal year for individuals from mainland China. This...more
A printing problem usually can be fixed in minutes by swapping out a toner cartridge or adding some paper, or it could take a little longer to clear a complex paper jam. Right? Not at the U.S. Department of State! Apparently...more
United States Citizenship and Immigration Services (USCIS) published an Interim Policy Memorandum (PM-602-0097) on June 6, 2014, supplementing Chapter 21.2(e) of the Adjudicator’s Field Manual regarding exercising discretion...more