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USCIS Announces Fiscal Year 2024 H-1B Cap Registration Window, Instructions
The H-1B visa program allows U.S. employers to hire foreign national workers for specialty occupation jobs. U.S. Congress has established…
Important Takeaways from the December 2022 Visa Bulletin Affecting Employment-Based Green Card Waiting Times
The U.S. Department of State publishes the monthly Visa Bulletin, which is used to determine when beneficiaries of immigrant petitions…
Recruiting International Nurses to Address the Critical Nationwide Shortage: What Healthcare Providers Need to Know
Across the country, hospitals and health systems have been struggling to fill open nursing positions for years as these professionals…
Department of State Issues Guidelines for Exceptions to Presidential Proclamations Suspending Entry on Certain Nonimmigrant and Immigrant Visas
As previously-reported in one of our blog posts, on June 22, 2020, a new Presidential Proclamation extended a previously-issued proclamation…
Supreme Court Blocks Rescission of DACA. Trump May Seek to Terminate DACA Under Revised Process.
On June 18, 2020, the Supreme Court of the United States (“SCOTUS”) issued a decision blocking an attempt by the…
COVID-19 and Important Considerations Relating to Certain Non-Immigrant Workers and Their Employers
Amidst growing concerns stemming from the continued spread of COVID-19, employers have been prompted to consider travel and work location…
DHS Announces Flexibility in Requirements Related to Form I-9 Compliance
Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland…
5 Ways Immigration Reform Will Impact Healthcare Providers in 2020
When immigration policies shift, the ripple effects are felt across every corner of the economy. The healthcare industry is no…
USCIS Begins Accepting Applications Under Liberian Refugee Immigration Fairness Law
On December 26, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting applications to adjust status…
USCIS Issues Policy Guidance Regarding Adjustment of Status on New Basis After Termination of Conditional Permanent Residence
On November 21, 2019, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance explaining how USCIS applies the Board of…
U.S. to Shorten Validity of E Visas for French Citizens
On August 20, 2019, the U.S. Department of State (DOS) announced that the maximum validity of E visa stamps for…
Second Wave of SSA No-Match Letters Coming This Fall
In March 2019, the Social Security Administration (SSA) resumed issuance of Educational Correspondence (EDCOR)/Employer Correction Requests (known as “no-match” letters).…
USCIS to Revise Application Forms and Require Biometrics for Certain Foreign Nationals Seeking to Extend/Change Status
On February 11, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it will publish a revised Form I-539, Application…
USCIS Issues Revised Guidance on Disability Exceptions to the English and Civics Requirements for Naturalization
On December 12, 2018, U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance in its Policy Manual to update…
USCIS Resumes Processing of DACA Renewal Applications Following Federal Court Order
Due to a federal court order, on January 13, 2018 U.S. Citizenship and Immigration Services (USCIS) announced that it has…
DHS to Terminate Temporary Protected Status for Haitians in 18 Months
On November 20, 2017, Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status…
My I-751 Conditional Residence Removal Case is Pending for Too Long. How Do I Prove My Lawful Status?
The Form I-751 is used by conditional residents to remove the conditions on residence and obtain a 10-year lawful permanent…
Recent Developments Related to Travel Restrictions for Nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela & Yemen
On September 24, 2017, the White House issued Presidential Proclamation 9645, establishing visa and travel restrictions for nationals of Chad,…
Diversity Visa (Green Card Lottery) Entries Discarded by DOS Due to Glitch, New Period Opens on October 18, 2017
As previously reported, the annual Diversity Visa Lottery (DV) Program submission period for fiscal year 2019 began on October 3,…
2019 Diversity Visa Lottery Registration Open October 3 – November 7, 2017
Each year, the Diversity Visa Lottery (DV) Program makes available 50,000 immigrant visas to aliens from selected countries. The list…
DHS to Wind Down DACA Program Over a Six-Month Period
THIS ARTICLE IS NO LONGER CURRENT – PLEASE CHECK OUR SUBSEQUENT ARTICLE REGARDING THE CURRENT STATE OF DACA: USCIS Resumes…
USCIS to Implement In-Person Interviews for Certain Immigration Benefits
On August 28, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin expanding in-person interviews for certain…
Supreme Court Partially Reinstates Executive Order on Travel
UPDATE: On June 28, 2017, the U.S. Department of State issued a cable to all of its consular posts regarding…
DACA (“DREAMers”) Program Still in Effect, But DAPA Rescinded; Trump Delays Enforcement of Executive Order on Travel
On June 15, 2017, U.S. Department of Homeland Security (DHS) Secretary John F. Kelly signed a memorandum rescinding the Deferred…
How Do Recent Government Announcements and Actions Affect the H-1B Visa Program?
Speaking at his Joint Address to Congress in February 2017, President Donald Trump expressed his intention to tackle legal immigration…
USCIS Will Suspend Premium Processing for All H-1B Petitions Beginning on April 3, 2017
On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that, beginning on April 3, 2017, it will temporarily…
Appeals Court Affirms Block on Immigration Travel Ban
As previously reported, on January 27, 2017, President Donald Trump signed an Executive Order, which effectively banned travel to the…
Travel Considerations for Foreign Nationals Affected by President Trump’s Executive Order
UPDATE AS OF FEBRUARY 8: The President has appealed the Washington Court’s decision to issue a Temporary Restraining Order (TRO)…
Important Immigration Updates and Reminders – January 2017
Throughout his campaign, and now as President, Donald Trump has indicated that his immigration reform efforts will focus mainly on…
DHS Finalizes Entrepreneur Parole Rule, Expanding Options for Foreign National Entrepreneurs
On January 17, 2017, the U.S. Department of Homeland Security (DHS) published its final rule entitled “International Entrepreneur Rule.” This…
USCIS Establishes New Standard for EB2 National Interest Waiver Cases for Certain Individuals Whose Work is of National Importance
On December 27, 2016, U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) issued a decision in Matter of…
Immigration Consequences of DUI Offenses
One of the most sacred principles of the U.S. criminal justice system holds that defendants are presumed innocent until proven…
Unlawful Use of Requirements Relating to Immigration Status in Recruitment May Lead to Discrimination Claims
U.S. employers must carefully screen their recruitment process and advertisement language relating to the citizenship status of job applicants. The Department…
DHS Proposes Rule That Would Expand Immigration Options for Certain Foreign Entrepreneurs
On August 26, 2016, the U.S. Department of Homeland Security (DHS) revealed an advance copy of its notice of proposed…
Certain Immigrant Categories Delayed Beginning in August, Likely to Return to Normal in October
The U.S. Department of State has published the monthly “Visa Bulletin” for August 2016. The Visa Bulletin is a government…
Lengthy Delays for Nonimmigrant Visas at U.S. Consulates in India
Applicants for nonimmigrant visas in India are currently experiencing increased wait times for interview appointments at the U.S. Consular Posts.…
I-9 Compliance Wisdom from Meeting Between AILA, USCIS and ICE
On May 3, 2016, the American Immigration Lawyers Association (AILA) Verification and Document Liaison Committee met with USCIS’ Verification Division…
Government Filing Fee Changes May Be Coming Soon
On May 3, 2016, the U.S. Department of Homeland Security (DHS) issued a proposed rule that seeks to increase filing…
DHS Publishes Final New STEM OPT Rule
On Friday, March 11, 2016, the U.S. Department of Homeland Security (DHS) published the long-awaited final rule relating to Optical…
USCIS Launches Known Employer Pilot for Preselected Employers
The U.S. Department of Homeland Security (DHS) has created the Known Employer pilot, which is only limited to nine preselected…
Time to Get Ready for the H-1B Season
The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that…
DOJ States That Replacing U.S. Workers with Temporary Contract Workers May Constitute Unlawful Discrimination
The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently released a Technical Assistance Letter…
DOJ and ICE Publish Joint Guidance on Internal I-9 Audits
On December 14, 2015, U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Justice (DOJ) Civil Rights Division…
USCIS Unveils Proposed Changes to Form I-9
On November 24, 2015, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register to inform the…
BALCA: Error Caused by Deficient PERM Form Not a Proper Reason for Denial
The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work…
Proposed DHS Rule May Save OPT STEM Extension
Foreign national students in F-1 status are generally allowed to apply for and obtain a one-year work permit, referred to…
Permanent Residence for Extraordinary Coaches: When an Olympic Gold Medal Isn’t Enough
The EB-1A permanent residence category is reserved only for individuals with extraordinary ability in the sciences, arts, education, business, or…
USCIS Announces New Process for Determining Eligibility to File for Adjustment of Status in Backlogged Preference Categories
On September 9, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a major overhaul of its system for determining adjustment…
Are Independent Contractors Always Exempt From I-9 Requirements?
Employers rarely question the general rule that independent contractors are not required to complete a form I-9. Most employers believe that,…
OCAHO Imposes $605,250 Fine for I-9 Violations
On July 8, 2015, the Office of the Chief Administrative Hearing Officer (OCAHO), the administrative court with jurisdiction to review…
BALCA Applies Recent Legal Decision to PERM Case Denied Five Years Ago
The permanent labor certification process (PERM) allows employers to hire foreign nationals to work permanently in the United States. Prior to…
DOS Announces Changes to E Visa Application Processing in Mexico
The U.S. Department of State (DOS) announced changes to the application process to obtain E-1 and E-2 visas, due to…
USCIS on Amended H-1B Petitions for Change in Work Location
As previously reported, on April 9, 2015, the Administrative Appeals Office (AAO), which is responsible for the review of certain…
Uttering Forged Instrument – an Aggravated Felony and CIMT in the Eleventh Circuit
The Immigration and Nationality Act (INA) contains provisions that render individuals who are not yet U.S. Citizens inadmissible or removable…
BIA Holds Florida Criminal Mischief Not a CIMT
The Immigration and Nationality Act (INA) contains provisions that render individuals who are not yet U.S. Citizens inadmissible, or removable…
Handling Employment Authorization Document (EAD) Issuance Delays
All workers employed in the United States must be able to present proper documents evidencing their identity and work authorization…
Updated Guidance Encourages DHS Attorneys to Timely Exercise Prosecutorial Discretion
On April 6, 2015, the Acting Principal Legal Advisor for the U.S. Immigration and Customs Enforcement (ICE) Office of the…
USCIS Reaches H-1B Cap for FY 2016
On April 7, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap…
Avoid Discrimination in the Form I-9 and E-Verify Processes: Updated OSC Flyer
The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), in the Civil Rights Division, is…
USCIS Temporarily Suspends Adjudication of H-2B Petitions Following Court Order
As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of H-2B petitions for temporary…
Overcoming H-1B Challenges – Qualifying Through Work Experience and the Three-for-One Rule
This is the last article in our series relating to overcoming H-1B petition challenges, which we authored in anticipation of…
District Court Orders USCIS to Grant H-1B for Market Research Analyst Position
As previously reported, certain job positions present a particular challenge when requesting H-1B specialty occupation status from U.S. Citizenship and…
Overcoming H-1B Challenges – Obtaining a Certified Labor Condition Application (LCA)
The most common H work visa is the H-1B which is for “specialty occupations.” One of the requirements for H-1B…
Overcoming H-1B Challenges – How to Prove Employer-Employee Relationship Exists for Off-Site Employees
The most common H work visa is the H-1B which is for “specialty occupations.” One of the requirements for H-1B petitions…
Justice Department Warns Employers Not to Discriminate Against Workers in TPS Status
On February 2, 2015, the Justice Department announced the launch of an educational video reminding employers that Salvadorans with Temporary…
Overcoming H-1B Challenges – How to Prove Specialty Occupation Eligibility
The most common H work visa is the H-1B which is for “specialty occupations.” Specialty occupation means an occupation which…
What to Do If an Employee Admits Prior I-9 Documents Were Fake
The interplay between I-9 compliance and anti-discrimination regulations presents a major dilemma for employers. Generally, employers are required to accept facially-valid…
Do I Need a Lawyer to Assist My Company with an I-9 Audit by ICE?
A couple of recent decisions by the Office of the Chief Administrative Hearings Officer (OCAHO) demonstrate the importance of timely…
PERM Denial Upheld for Failure to Include Free Housing Benefit in Advertisement
An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the…
Time to Get Ready for the H-1B Season
The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that…
DOL to Modernize Recruitment and Application Requirements for the PERM Program
Before the U.S. Department of Homeland Security (DHS) may approve certain employment-based immigrant petitions, U.S. Department of Labor (DOL) must…
Electronic I-9 Compliance Systems: Choosing the Right Fit
A growing trend in I-9 compliance is the use of electronic software to manage I-9 and E-Verify compliance responsibilities. This shift…
Implementation Dates Delayed for REAL ID-Compliant Driver Licenses, ID Cards
The REAL ID Act prohibits federal agencies, effective May 11, 2008, from accepting a state-issued driver’s license or identification card…
Will a U.K. “Caution” Affect My U.S. Immigration Application?
A “caution” is a criminal disposition in the United Kingdom that may be issued to an offender by the police…
I-9 Verification Updates from AILA-DHS Liaison Meeting
On November 6, 2014, the American Immigration Lawyers Association (AILA) Verification and Documentation Liaison Committee met with USCIS Verification Division…
New Administrative Law Judge Joins OCAHO
On December 5, 2014, the Executive Office for Immigration Review (EOIR) announced the appointment of Stacy Stiffel Paddack as an…
Why is My I-94 Expiration Date Different from My Form I-797 or Visa?
Form I-94 is the Department of Homeland Security (DHS) Arrival/Departure Record issued by the U.S. Customs and Border Protection (CBP)…
Detailed Breakdown of the President’s Executive Action on Immigration
As previously reported, on November 20, 2014, the President announced a series of executive actions to crack down on illegal…
U.S. Government to Launch Refugee/Parole Program for Certain Central American Children
On November 14, 2014, the U.S. Department of State (DOS) and the U.S. Department of Homeland Security (DHS) announced the…
CAHO Upholds Fine of $329,895 for 300 I-9 Forms
If you have already undergone one I-9 audit by ICE, you may think your business is now safe and off…
BIA Holds Form I-9 Is Admissible in Immigration Proceedings
The Form I-9 is used by employers to verify a new hire’s identity and to establish that the worker is…
PERM FOIA Litigation Reveals DOL Directives on Business Necessity and Finite Employment
Earlier this year, as a result of Freedom of Information Request Act (FOIA) litigation, the U.S. Department of Labor released…
Eleventh Circuit Says Florida Aggravated Fleeing Is an Aggravated Felony
Convictions of certain types of crimes, referred to as “aggravated felonies,” carry severe immigration consequences for foreign nationals seeking permanent…
Visa Bulletin for November 2014: India EB2 Retrogresses to February 2005
The U.S. Department of State has published the monthly “Visa Bulletin” for November 2014. The Visa Bulletin is a government publication,…
BIA Holds Florida Burglary Not a Categorical CIMT
The Immigration and Nationality Act (INA) contains provisions that render a non-U.S. Citizen individual inadmissible, or removable/deportable under certain circumstances,…
SEVP Draft Guidance on Pathway Programs
On September 26, 2014, Immigration and Customs Enforcement Student and Exchange Visitor Program (SEVP) posted draft guidance on pathway programs,…
Eleventh Circuit Says No to Nunc Pro Tunc Stand-Alone 212(h) Waiver
A waiver of certain criminal grounds of inadmissibility under section 212(h) of the Immigration and Nationality Act (INA) is available to…
ICE I-9 Audit Leads to $2 Million Fine Against Hotel
When an employer becomes the subject of an enforcement audit by ICE and I-9 violations are discovered, civil fines for simple…
Change in Immigrant and Non-Immigrant Visa Application Fees on September 12, 2014
Nonimmigrant and immigrant visa application fees for certain visa categories will change on September 12, 2014. All visa applicants must pay…
DOL Alert: New PERM Password Requirements
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign national to work…
BIA Holds Guilty Plea Without Conviction Is Not An Admission
The Immigration and Nationality Act (INA) contains a provision making an individual inadmissible to the United States if he or…
Ebola Outbreak-related Immigration Relief Measures to Nationals of Guinea, Liberia and Sierra Leone Currently in the United States
On August 15, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a press release addressing humanitarian relief that may potentially…
SEVP Draft Policy Guidance on Conditional Admission, the Form I-20, and English Proficiency
The Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) issued draft guidance clarifying issues related to the…
BALCA Holds Additional Recruitment Steps Need Not Comply With Detailed Content Requirement
On July 30, 2014, the Board of Alien Labor Certification Appeals (BALCA), in Matter of Symantec, decided the issue of…
USCIS Issues Policy Memorandum Regarding H-1B Petitions for Nursing Occupations
As a general matter, most registered nurse (RN) positions do not qualify as H-1B specialty occupation positions because they do…
Florida Driver’s Licenses Issued to Individuals With Approved I-601A Provisional Waivers
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) regularly publishes a list of documents that it will accept…
EOIR Seeks to Designate Temporary Immigration Judges
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s immigration judges conduct administrative…
USCIS Issues Guidance on “Extraordinary Circumstances” Under CSPA
On June 27, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on evaluating claims of “extraordinary circumstances”…
New Mexico Supreme Court Applies Padilla Retroactively to 1990
In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, 559 U.S. 356 (2010),…
ICE Deploys Field Representatives to SEVP-Certified Schools
In April 2014, the Student and Exchange Visitor Program (SEVP) division of the U.S. Immigration and Customs Enforcement (ICE) announced…