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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

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

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

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

Recent USCIS Changes Put Visa Applicants at Greater Risk of Deportation if Visas Denied

A new U.S. Citizenship and Immigration Services (USCIS) policy published on July 5, 2018 instructs USCIS officers to issue a notice to appear (NTA) to any individual who is “not lawfully present” in the United States at the...more

United States Expected to Limit Visas to Certain Chinese Citizens

A new policy enacted by the U.S. Department of State (DOS) instructs United States consular officers to limit the issuance of visas to some Chinese citizens as part of the administration’s measures to address China’s alleged...more

Ecuador’s Termination of Bilateral Investment Treaty With the United States Impacts E-2 Visa Holders

On May 18, 2018, the Department of State (DOS) announced the termination of a bilateral investment treaty (BIT) between the United States and Ecuador, a year after the government of Ecuador provided notice of the termination....more

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