Yesterday July 11, 2019, the Department of State (DOS) disappointed a lot of people when it published its August, 2019 Visa Bulletin. In this most recent Visa Bulletin, DOS announced that the 2nd and 3rd preference...more
In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the third installment in the...more
In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the second installment in the series...more
In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the first installment in the series. ...more
From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees. These visits are funded by the $500 “anti-fraud”...more
In light of the general unavailability of H-1B visas due to the limited and inadequate H-1B visa quota, it is more important than ever that U.S. employers and highly skilled foreign nationals be able to take maximum advantage...more
In a final regulation published on November 18, 2016 which takes effect on January 17, 2017, DHS has clarified the requirements and parameters associated with cap-exempt employment of H-1B workers by nonprofit entities that...more
In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant...more
11/22/2016
/ Department of Homeland Security (DHS) ,
EB-1 ,
EB-2 ,
EB-3 ,
Employment Authorization Documents (EAD) ,
Foreign Workers ,
Grace Period ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Priority Date Cutoff ,
Visas ,
Whistleblowers ,
Work Visas
As a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, higher immigration fines and penalties will go into effect on August 1, 2016. The fines and penalties cover Form I-9 paperwork...more
This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B change of status filing on your behalf has been accepted by US...more
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it had received more than enough H-1B petitions to meet the numerical limit for fiscal year 2017 cap-subject H-1B visas, which includes both...more
Yesterday, March 9, 2016, the Department of Homeland Security previewed the final rule governing STEM OPT, to be released on Friday. This rule is effective May 10, 2016, except the addition of 8 CFR 214.16, which is effective...more
On October 1, 2015 USCIS announced the launch of the Known Employer Pilot Program. Yesterday, March 3, USCIS confirmed the participation of five employers in the pilot. The purpose of the Known Employer Program is to expedite...more
From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases,...more
2/26/2016
/ Arbitrary and Capricious ,
Class Action ,
Corporate Counsel ,
H-1B ,
Highly-Skilled Workers Visa ,
OPT ,
Rescission ,
US Department of State ,
USCIS ,
Visa Bulletins ,
Visas
From proposals to slash the H-1B cap to overhauling the EB-5 investor program, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of...more
As of April 1, 2016, United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for Fiscal Year 2017 (FY2017). Upon approval, petitions for FY2017 will allow foreign nationals to work for...more
United States Citizenship and Immigration Services (“USCIS”) will begin accepting cap-subject H-1B petitions on April 1, 2015, for start dates of October 1, 2015 or later. ...more
On January 13, 2015 Senators Orrin Hatch (R-UT), Amy Klobuchar (D-MN), Marco Rubio (R-FL), Chris Coons (D-DE), Jeff Flake (R-AZ), and Richard Blumenthal (D-CT) introduced the Immigration Innovation Act of 2013 into the...more
This alert is a reminder of the rapidly approaching April 1, 2015 deadline for the filing of H-1B visa petitions for Fiscal Year 2016. Petitions for the new fiscal year, which starts on October 1, 2015, will be accepted by...more
As a part of President Obama’s recent announcement regarding his executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued several memoranda to the directors of US Citizenship and...more
On Thursday, November 20th, coinciding with President Obama’s announcement regarding his forthcoming executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a memo to the directors...more
11/25/2014
/ Barack Obama ,
Department of Homeland Security (DHS) ,
E-Verify ,
Executive Orders ,
Green Cards ,
H-1B ,
H-4 Spouses ,
Immigration Procedures ,
Immigration Reform ,
L-1 Visas ,
OPT ,
STEM ,
USCIS ,
Visa Caps
The Department of Homeland Security (DHS) has implemented changes recently that affect many individuals seeking to travel to the United States, US employers of H-1B and L-1 workers, and users of some USCIS services. This...more
US Citizenship and Immigration Services (USCIS) empowers its Fraud Detection and National Security (FDNS) officers to make unannounced site visits to employers of H-1B and L-1 workers. The stated purpose of these site visits...more
It is almost October 1st, when thousands of new H-1B visas will become effective with the onset of the US government’s 2015 fiscal year. In light of this, here are six little known but important facts about H-1B visas...more
In recent days, the Department of Homeland Security (“DHS”) has published several proposed rules in the Federal Register, which, if adopted, will bring welcome and much needed regulatory changes....more