News & Analysis as of

American Immigration Lawyers Association (AILA)

Constangy, Brooks, Smith & Prophete, LLP

Does federal immigration law preempt state pay transparency laws? (UPDATED 8/14/24)

Massachusetts has recently enacted its own pay transparency statute. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant or internal...more

Gibney Anthony & Flaherty, LLP

USCIS Rejections and Delays Due to April 1 Changes

Gibney attorneys and American Immigration Lawyers Association (AILA) members have been monitoring nationwide issues with U.S. Citizenship and Immigration Services (USCIS) processing related to erroneous rejections and delays...more

Lippes Mathias LLP

Higher USCIS Filing Fees Could Be Coming Very Soon

Lippes Mathias LLP on

Last January I posted about "An Unwelcome Update to Start 2023: USCIS Proposing Rule to Raise Filing Fees; Set Specific Filing Fees for Different Types of I-129 Filings". That unwelcome proposal to start 2023 may become an...more

Harris Beach Murtha PLLC

DOS to Announce Pilot Program for Limited Domestic Visa Revalidation

Harris Beach PLLC understands the U.S. Department of State (DOS) will soon revive a long-dormant program that allows a limited number of nonimmigrant visa holders to renew their visas from within the United States, a process...more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights - October-November 2023

A government shutdown was narrowly avoided on September 30, 2023 after Congress passed a continuing resolution to fund the government for an additional 45 days. However, another shutdown is possible if Congress does not pass...more

Husch Blackwell LLP

U.S. Government Investigates H-1B Visa Lottery Irregularities

Husch Blackwell LLP on

It was widely reported last month—including by the Wall Street Journal and Associated Press— that the U.S. government is investigating alleged collusion by some companies to “increase the chances that their prospective...more

Constangy, Brooks, Smith & Prophete, LLP

Elimination of passport stamps could make things tough for foreign nationals

International travelers have long relied on receiving passport stamps when entering a country to document their entry. U.S. Customs and Border Protection is seeking to streamline its entry process and do away with...more

Holland & Hart LLP

What Employers Should Know about Remote Work if they Employ Foreign Nationals

Holland & Hart LLP on

According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of those...more

Dickinson Wright

OFLC Clarifies Telecommuting in the PERM Context for Both Prevailing Wage Requests and PERM Applications

Dickinson Wright on

Even before remote working considerations emerged during the COVID-19 pandemic, employers filing applications for Program Electronic Review Management (“PERM”) were grappling with how to prepare Forms 9141 Application for...more

Gibney Anthony & Flaherty, LLP

USCIS Sued Over H-4 and L-2 EAD Policies

The American Immigration Lawyers Association and a litigation partner have brought a class action lawsuit on behalf of H-4 and L-2 spouses who have applied for work authorization as the dependents of H-1B and L-1 principal...more

Gibney Anthony & Flaherty, LLP

Biden Administration Plans to Lift Regional COVID-19 Travel Bans and Replace with Global Vaccination Requirement for International...

The American Immigration Lawyers Association and various news outlets are reporting that, effective early November 2021, the Biden administration intends to: - Rescind the regional COVID-19 travel bans restricting travel...more

Constangy, Brooks, Smith & Prophete, LLP

President Biden Suspends Entry Of Foreign Nationals Travelling From India

More than one-third of new global cases of COVID-19 have occurred in India, and the numbers are increasing. As a result, President Biden has added the Republic of India to the list of countries whose nationals and...more

Benesch

USCIS Budget Crisis: What You Should Know

Benesch on

In May, U.S. Citizenship and Immigration Services (USCIS) notified Congress that the agency predicted a budget shortfall for the remainder of 2020, reportedly due to a lower volume of filings received during the COVID-19...more

Fox Rothschild LLP

Immigrant Visa Processing Changes – EB1 And EB3 Advance Rapidly; All Other Employment And Fmily Categories Advance Moderately;...

Fox Rothschild LLP on

In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the...more

Gibney Anthony & Flaherty, LLP

U.S. Entry Ban on Temporary Workers: State Department and CBP Update

The U.S. Department of State and U.S. Customs and Border Protection (CBP) have provided initial guidance clarifying the scope of Donald Trump’s June 22 proclamation banning the entry of certain H, L and J visa holders...more

Harris Beach Murtha PLLC

Clarification Emerges for Laid-off Nonimmigrant Workers Seeking State Unemployment Benefits

The COVID-19 pandemic has resulted in dramatic layoffs and reduced work hours for employees across the United States. In the field of immigration, one of the primary concerns is whether foreign national workers can and/or...more

Fox Rothschild LLP

AILA Letter To DHS regarding Form I-9 Compliance During COVID-19 Public Health Emergency

Fox Rothschild LLP on

On March 16, 2020, the American Immigration Lawyers Association (AILA) sent a letter to the Acting Secretary of the U.S. Department of Homeland Security seeking guidance regarding employer I-9 Employment Eligibility...more

Jackson Lewis P.C.

Update On Coronavirus, Impact On Consular Services

Jackson Lewis P.C. on

The recent news of an outbreak of a new coronavirus first identified in Wuhan, Hubei, Province, China raises issues for employers and employees about the appropriate workplace responses....more

Fox Rothschild LLP

Immigrant Visa Processing Changes – EB3 India/China Move Ahead Slightly, While EB-2 India And China Inch Forward; EB-3 & EB-2 WW...

Fox Rothschild LLP on

Ready or not, H-1B Cap Registration Season is upon us. And things are a little different this Cap Season. That’s because USCIS formally announced via a January 9, 2020 Federal Register notice that it will change the lottery...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Jackson Lewis P.C.

Tech Companies Expand To Canada

Jackson Lewis P.C. on

Canada has been having success in attracting more high-tech companies and employees from the United States. This trend began in 2008, when such companies in the U.S. could not obtain the number of H-1B visas they needed due...more

Saul Ewing LLP

Blog re Aila/Iiusa Eb-5 Industry Forum in Chicago, Illinois

Saul Ewing LLP on

I just attended the combined AILA/IIUSA Conference in Chicago. The low attendance reflected the general mood of the industry that there is significant pull back in EB-5 investments in various jurisdictions, especially in...more

Fox Rothschild LLP

Immigrant Visa Processing Changes – EB1 Worldwide Move Forward, But EB1China/India Won’t Move Until Next Year; EB2/3 India/China...

Fox Rothschild LLP on

In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the...more

Tarter Krinsky & Drogin LLP

Piecing Together The Invisible Wall Brick By Brick

While the Trump administration continually vocalizes its intolerance of illegal immigration, it has been quietly and effectively working to build an "invisible wall" to block legal immigration. One major avenue of legal...more

Fox Rothschild LLP

Recent Federal Court Ruling: Full Restoration Of DACA

Fox Rothschild LLP on

On August 3, 2018, the US District Judge for District of Columbia, John D. Bates, ruled that the Trump administration must fully restore the DACA program. In the decision, the court stated, “The Court therefore reaffirms its...more

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