Q. When is the DACA program ending?
A. The Trump Administration rescinded the DACA program on September 5, 2017, but is phasing out the program over a six-month period that will end on March 5, 2018....more
On August 2, 2017 Republican Senators Tom Cotton (AR) and David Perdue (GA) unveiled an immigration bill titled The Reforming American Immigration for a Strong Economy Act (RAISE Act). While the stated purpose of this bill is...more
On June 26, 2017 the Supreme Court ruled that a limited version of the 90-day Travel Ban contained in President Trump’s Executive Order 13780 could go into effect. The limited Travel Ban went into effect on June 29, 2017....more
The U.S. and worldwide entrepreneur community had been looking forward to July 17th with great anticipation. This was supposed to be the effective date of the new International Entrepreneur Parole immigration regulation....more
7/14/2017
/ Department of Homeland Security (DHS) ,
Entrepreneurs ,
Foreign Investment ,
Foreign Nationals ,
International Entrepreneur Rule ,
Job Creation ,
Public Comment ,
Rescission ,
Startups ,
STEM ,
Technology Sector ,
Trump Administration
On June 26, 2017 the U.S. Supreme Court (SCOTUS) issued a mixed decision in the “Travel Ban” litigation, relating to Presidential Executive Order 13780 (“EO”). As explained in more detail below, the SCOTUS decision gave a...more
6/28/2017
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Bona Fide Relationship Test ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Immigration Reform ,
Preliminary Injunctions ,
Refugees ,
SCOTUS ,
Travel Ban ,
Trump Administration ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project
Today the U.S. Supreme Court (SCOTUS) issued a mixed decision in the “Travel Ban” litigation, relating to Presidential Executive Order 13780 (“EO”). As explained in more detail below, the SCOTUS decision gave a partial...more
6/27/2017
/ Airlines ,
Bona Fide Relationship Test ,
Customs and Border Protection ,
Executive Orders ,
Foreign Nationals ,
Preliminary Injunctions ,
Refugees ,
SCOTUS ,
Travel Ban ,
Trump Administration ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project
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
The European Commission is being urged to require U.S. citizens to obtain visas for travel to Europe in an effort to obtain full visa waiver reciprocity for all European Union (EU) nations.
Currently, five EU nations are...more
Back in 2014, when it was clear that Congress was not going to pass bipartisan immigration reform, President Obama vowed to take whatever steps he could, short of legislation, to advance his immigration agenda, including...more
At the end of the 2016 calendar year, the Administrative Appeals Office (AAO) published a welcome precedent decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). In this case, the AAO has significantly revised the...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
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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
On November 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification.
Beginning January 22, 2017, employers must use only the new version of...more
Effective December 23, 2016, the Department of Homeland Security (DHS) will be adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS). DHS...more
On August 26, 2016, USCIS released the text of a proposed rule to be published in the Federal Register shortly, that provides temporary immigration relief to qualifying foreign entrepreneurs whose presence in the U.S. would...more
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
The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other”...more
Carrie,
I appreciate the guidance you have provided regarding the documents the company needs to have in place when sending an employee on an assignment abroad.
Now I have a related question about immigration risks...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
FEIN and E-Verify -
In order to employ an F-1 student for the duration of his or her 24-month STEM OPT extension, employers must have a Federal Employer Identification Number (FEIN) and be enrolled in E-Verify....more
In this short series on the new STEM OPT rules, Susan Cohen, Chair of Mintz Levin’s Immigration Section will examine the top takeaways for students and their employers. The second post will focus on the expansion of the...more
In this short series on the new STEM OPT rules, Susan Cohen, Chair of Mintz Levin’s Immigration Section will examine the top takeaways for students and their employers. The first post will focus on the timing rules related to...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
In a welcome move, on March 18, 2016 U.S. Citizenship and Immigration Services (USCIS) released policy guidance for its officers to help them decide “green card portability” cases....more