Latest Publications

Share:

USCIS Resumes Premium Processing for a Limited Number of H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) announced the reinstatement of the premium processing program for a limited number of H-1B petitions. Premium processing will resume on January 28, 2019, for fiscal year (FY)...more

E-Verify Suspended Due to the Government Shutdown

The holiday season may already feel like a distant memory and five-day workweeks may once again be the norm, but not everything is back to business as usual for U.S. employers this January. E-Verify, the electronic system...more

What To Expect in the Event of a Government Shutdown: An Immigration Perspective

There may be a partial government shutdown if Congress cannot come to an agreement on a spending bill before midnight on December 21, 2018. Without an agreement, roughly 25 percent of funding for the federal government will...more

H-2B Visas in High Demand for Fiscal Year 2019

On December 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the statutory numerical limit or “cap” on the number of petitions for temporary nonagricultural workers “who may be issued H-2B visas or otherwise...more

Pack Your Bags and Your Documents - Holiday Travel Tips for Foreign Nationals

The busy holiday travel season is upon us. With it comes the potential for longer processing times and altered holiday schedules at airports and U.S. consulates and embassies abroad. Foreign nationals who plan to travel...more

CPB Encourages Travelers to Apply for ESTA 72 Hours Before Travel

U.S. Customs and Border Patrol (CBP) is encouraging international travelers to apply for Electronic System Travel Authorization (ESTA) as early as possible, but no later than 72 hours before they plan to travel to the United...more

DHS Proposes H-1B Registration System and Creates Uncertainty Heading Into Cap Season

On December 3, 2018, the U.S. Department of Homeland Security (DHS) introduced a new plan that would require employers to pre-register all potential H-1B candidates for selection in the H-1B lottery. Pursuant to the proposal,...more

USCIS Indicates Changes to Advance Parole Policy

On November 16, 2018, United States Citizenship and Immigration Services (USCIS) Director L. Francis Cissna suggested that USCIS will discontinue its policy of denying certain pending I-131, Application for Travel Document...more

Déjà Vu - President Trump’s New Asylum Rule Raises Questions About Presidential Authority Similar to the Travel Ban

A federal judge has blocked the Trump administration’s recent immigration policy barring individuals from seeking asylum if they entered the United States anywhere other than at an official port of entry. Judge Jon S. Tigar...more

Ninth Circuit Court of Appeals Rules in Favor of DACA

A three-judge panel for the Ninth Circuit Court of Appeals has upheld a nationwide preliminary injunction issued by a California district court, temporarily preventing the Trump administration from ending the Deferred Action...more

DHS Temporarily Extends Validity of TPS-Related Documents for Sudanese and Nicaraguan TPS Beneficiaries

On October 31, 2018, the Department of Homeland Security (DHS) announced in the Federal Register that it will continue to honor, at least temporarily, the temporary protected status (TPS) designations for nationals of Sudan,...more

Navigating Canada’s New Cannabis Law - Don’t Let an Employee’s Immigration Status Go Up in Smoke

On October 17, 2018, Canada’s federal Cannabis Act went into effect, legalizing the use and possession of a limited amount of marijuana for adults over the age of 18. The new law makes good on a campaign promise by Prime...more

DHS Releases Ambitious 2018 Regulatory Agenda

The Department of Homeland Security (DHS) released its fall 2018 regulatory agenda, laying out its rulemaking goals through 2019. The published timeline is aspirational and does not represent a strict schedule....more

NAFTA May Have a New Name, but Visa Provisions Are Largely the Same

The United States has reached a new trade deal with Canada and Mexico, replacing the North American Free Trade Agreement (NAFTA) with the United States-Mexico-Canada Agreement (USMCA). The new deal is largely focused on...more

Employment-Based Petitions Exempt (at Least for Now) Under New NTA Policy

Beginning October 1, 2018, U.S. Citizenship and Immigration Service (USCIS) will begin a staggered rollout of a new notice to appear (NTA) policy. The first phase of the rollout does not include employment-based petitions....more

Immigration Policy Changes Leave Employers Wishing USCIS Took a Summer Vacation

There were no lazy days of summer to be had in 2018—at least not when it came to the introduction of new immigration policies by the Trump administration. The momentum with which it announced and implemented new policies over...more

CEOs Say Recent Policy Shifts by USCIS Undermine Economic Growth and Disrupt Business Operations

Chief executive officers (CEOs) from more than 50 companies signed a letter sent to Secretary of Homeland Security Kirstjen Nielsen expressing their concern about the current course of immigration policy in the United States....more

USCIS Expands Premium Processing Suspension for H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) announced the extension of its suspension of premium processing for all H-1B cases subject to the annual quota (also known as “cap cases”) for fiscal year 2019. The suspension...more

DHS Reaffirms Commitment to Rescind H-4 Work Authorization

A recent court filing by the U.S. Department of Homeland Security (DHS) reaffirms the agency’s commitment to rescinding the H-4 rule, which provides work authorization to eligible spouses of certain H-1B visa holders who are...more

USCIS Reverses Course, Allows STEM OPT Students to Work at Third-Party Sites

U.S. Citizenship and Immigration Services (USCIS) has revised its website and announced that it will now allow F-1 students participating in the optional practical training (OPT) extension for individuals in science,...more

USCIS Revises Guidance on Unlawful Presence Policy Focused on Students

U.S. Citizenship and Immigration Services (USCIS) has issued a revised final policy memorandum updating the recently implemented unlawful presence policy that changed the way USCIS calculated unlawful presence for foreign...more

Judge Orders Reinstatement of DACA Pending 20-Day Hold

On August 3, 2018, Judge John D. Bates of the U.S. District Court for the District of Columbia ruled in favor of fully reinstating the Deferred Action for Childhood Arrivals (DACA) program but stayed the effective date of the...more

USCIS Delays Implementation of New Notice to Appear Policy

U.S. Citizenship and Immigration Services (USCIS) announced that it is postponing the enforcement of its June 28, 2018, policy memorandum allowing USCIS officers to issue notices to appear to those deemed unlawfully present...more

8/6/2018  /  Immigration Procedures , USCIS

Data Confirms Significant Uptick in H-1B and L-1 RFEs and Denials

The rate of requests for evidence (RFEs) and denials issued for H-1B and L-1 petitions by U.S. Citizenship and Immigration Services (USCIS) is up considerably, according to a new report by the National Foundation for American...more

ICE Ramps Up Worksite Enforcement Efforts: 6 FAQs on the Audit Process

A recent announcement by U.S. Immigration and Customs Enforcement (ICE) shows that the agency is making good on its promise to quadruple the number of worksite inspections it conducts. Data released by ICE shows that between...more

138 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide