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U.S. Department Of State Imposes Additional Vetting For Visa Applicants Heading To The United States

The U.S. Department of State has added a new social media question to its immigrant and nonimmigrant visa application forms. Effective June 1, applicants filling out Forms DS-160 and DS-260 must provide the government with...more

Artificial Reproductive Technology Advances Challenge Current U.S Citizenship Laws

Recent developments regarding the U.S. Department of State’s policy relating to children born abroad to same-sex couples are slowing making their way through the U.S. federal courts for final determinations regarding the...more

Major Changes For Canadian Citizens Entering The United States On An L-1 Visa

Unannounced changes at the Canadian border have disrupted Canadian L-1 intra-company transferee visa applicants' admission to the United States. U.S. Customs and Border Protection (CBP) appears to have shifted its...more

USCIS Has Received Sufficient Number Of H-1B Cap Cases – Now What?

On April 5, USCIS announced that it has received a sufficient number of H-1B petitions to meet the Congressionally mandated 65,000 H-1B regular "bachelor's degree" cap cases for this fiscal year. USCIS will next determine...more

USCIS Phasing In New Two-Tiered Premium Processing Procedure And H-1B Cap Selection Update

On March 19, USCIS made a surprise announcement - it will be phasing in a new two-tiered premium processing procedure and establishing a new H-1B data hub on its website. On April 1, USCIS will commence accepting cap-subject...more

USCIS Resumes H-1B Premium Processing And Administration Announces Intent To Close Many USCIS International Offices

On March 11, USCIS announced that it would resume premium processing for all H-1B petition filings. Premium processing facilitates an expedited process for adjudication of nonimmigrant petitions including H1-B, L1, O1 and O2,...more

Newly Released USCIS Data Confirms Increase In Number Of Requests For Evidence And Denials Of Non-Immigrant Visa Petitions

USCIS recently provided updated data showing there has been a decline in approvals and higher rates of requests for evidence (RFE) for several key employer-sponsored non-immigrant visa categories. The newly released data,...more

Premium Processing Returns For A Limited Number Of H-1B Visa Petition Submissions

USCIS announced that, as of Tuesday, February 19, it has resumed premium processing for all H-1B petitions filed on or before December 21, 2018. An expedited process for facilitating swift adjudication of non-immigrant...more

Rescission Of H-4 Dependent Visa Holder Employment Authorization Expected Before March 18, 2019 And Changes To 1-539 Request For...

Changes in the business immigration arena continue to affect non-immigrants in significant ways. Rescission of H-4 Dependent Visa Holder Employment Authorization- By March 18, 2019, the Department of Homeland Security...more

Important H-1B Business Immigration Updates On Pre-Registration Requirements And Premium Processing

U.S. Citizenship and Immigration Services (USCIS) has updated its H-1B pre-registration policy for the upcoming cap season and clarifies new developments related to H-1B processing. In this alert, we explore how each of these...more

New Developments Regarding The H-1B Cap Filing Process For 2020 Fiscal Year Filing

We welcome 2019 with the anticipation of yet another H-1B lottery filing season, this one filled with some major changes. Traditionally, the H-1B visa category has been utilized by U.S. companies to hire international talent...more

USCIS To No Longer Allow InfoPass Appointment Scheduling Without Pre-Authorization

On October 30, USCIS announced that it will expand its Information Services Modernization Program to more field offices because it believes that most inquiries at local district offices can be accomplished through online...more

Updated L-1 Policy Memo From USCIS Clarifying The One Year Of Continuous Employment Abroad Requirement

In November 2018, USCIS issued an updated policy memorandum clarifying the terms of visa eligibility for L-1 visa designates who may have worked abroad for a qualifying entity overseas and, in the interim, held a different...more

Big Changes Coming To The H-1B Cap Filing Process – New Online Registration System To Be Introduced In 2019

On December 3, 2018, USCIS proposed a rule removing the current requirement for U.S. employers to file cap-subject H-1B petitions commencing April 1 each year. What is changing?...more

Recent Updates On The Status Of The Deferred Action For Childhood Arrivals (DACA) Program

On November 8, the Ninth Circuit U.S. Court of Appeals blocked the Trump administration's attempt at ending the Deferred Action for Childhood Arrivals (DACA) program. In response, the Department of Justice asked the U.S....more

U.S. Colleges And Universities Sue Trump Administration Over New Unlawful Presence Policy Of International Students

A group of U.S. colleges and universities, including The New School in New York City and Haverford College in Pennsylvania, have sued the Trump administration this week regarding the issuance of a new regulation affecting the...more

A Brief Analysis Of The Department Of Homeland Security's "Public Charge" Proposed Regulations

On October 10, 2018, the Department of Homeland Security (DHS) issued a proposed rule in the Federal Register suggesting changes to the "public charge" rules and how these rules would affect nonimmigrants and immigrants...more

Immigration Provisions Of The New United States-Mexico-Canada Agreement, Formerly NAFTA

The United States, Mexico and Canada recently reached a trilateral agreement on September 30, 2018 as part of the renegotiation of the North America Free Trade Agreement (NAFTA). Known going forward as the United...more

USCIS To Increase Premium Processing Filing Fee As Of October 1, 2018

U. S. Citizenship and Immigration Services (USCIS) has announced that effective October 1, it will increase the premium processing fee charge for I-129 nonimmigrant worker petitions and I-140 immigrant petitions. Premium...more

Premium Processing Suspended For H-1B Cap Cases And Expanded To Include Other H-1B Categories

On August 28, USCIS announced the temporary suspension of premium processing (expedited processing) for H-1B cap petitions. This process has permitted a U.S. petitioner to secure fast track processing of H-1B filings for a...more

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

USCIS Expands Authority To Deny Immigration Benefits Filings Without Requests For Evidence

On July 13, U.S. Citizenship and Immigration Services (USCIS) issued a new guidance memo for its adjudicators indicating that commencing on September 11, 2018, adjudicators may deny any and all applications or petitions...more

U.S. Attorney General Jeff Sessions Steps In On Immigration Court Ruling

On June 11, 2018, U.S. Attorney General Jeff Sessions overturned an immigration appeals court decision granting asylum to a Salvadoran woman, Ms. A.B., fleeing domestic abuse. This decision rejects nearly two decades of...more

Implications Of The Impending Termination Of Temporary Protected Status For Hundreds Of Thousands And Related I-9 Compliance...

On May 4, 2018, the U.S. Department of Homeland Security announced that it will terminate Temporary Protected Status (TPS) for immigrants from Honduras. The effective date will be January 20, 2020....more

The Trump Administration's Efforts To Rein In H-1B Visas - What You Need To Know

The H-1B visa category has been modified many times over the past 65 years. H-1B visas facilitate the entry of foreign national professionals, while also providing safeguards that maintain the integrity of the U.S. labor...more

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