Understanding ESTA Revocation for Travel to Cuba
In January 2021, the United States designated Cuba as a State Sponsor of Terrorism, which affected travelers who came to…
Not Selected in the H-1B Lottery? Explore Some Alternatives to the H-1B Visa for Employment in the U.S.
The H-1B program is one of the most sought-after options for nonimmigrant visas among professionals seeking to work in the…
USCIS Confirms the Filing Procedure for I-140 Petitions Using the New Labor Certification (PERM) Form Version
Employers wishing to sponsor foreign national workers for permanent residency, commonly referred to as a green card, must generally follow…
USCIS to Conduct Second Random Selection for FY 2025 H-1B Regular Cap Registrations
On July 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it will be conducting a second random selection…
Overruling of Chevron: Immigration Law Implications
On June 28, 2024, the U.S. Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo, overturning the…
Update on New Immigration Initiatives by President Biden
On June 18, 2024, President Biden unveiled new policies through the U.S. Department of Homeland Security (DHS) aimed at keeping…
Updated USCIS Guidance on Untimely Filed Extensions of Stay and Change of Status Requests
On January 24, 2024, USCIS issued updated policy guidance to address when USCIS may excuse untimely filed extensions of stay…
State Department Announces Details of Pilot Program for Domestic Renewals of H-1B Visas Issued in Canada and India
On December 21, the State Department released the long-awaited details of a previously announced pilot program that will allow qualified…
Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence: Immigration Initiatives to Support AI Experts
On October 30, 2023, in a recent executive order titled “Executive Order on the Safe, Secure, and Trustworthy Development and…
H1B Cap – Eight Times as Many Filings as Available Numbers!
On April 28, 2023, USCIS announced that for Fiscal Year 2024 (begins October 1, 2023), it received 758,994 eligible H1B…
Child Status Protection – Important New Development
On February 14, 2023 United States (US) Citizenship and Immigration Services (USCIS) announced an important change regarding when an immigrant…
USCIS Expands Premium Processing to Certain F-1 Students Seeking OPT and STEM OPT Extensions
Following up on their commitment to improving efficiency and reducing processing times within the immigration system, USCIS will now start…
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…
Premium Processing Expansion
USCIS has announced that it will expand the Premium Processing Program. Effective January 30, 2023, Multi-National Executives and Managers, as…
Expanded Parole Program
Effective January 6, US Citizenship and Immigration Services has extended and implemented a new parole program previously only available for…
Changes to E Visa Applications
On December 23, 2022, President Biden signed into law the James M. Inhofe National Defense Authorization Act (NDAA). Pursuant to…
Important Immigration Considerations During Layoffs
Amid worries of a recession and rising inflation, the tech sector recently announced a significant number of layoffs which have…
Investor Visas – Possible Important Changes
On December 15, 2022, Congress passed the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, which, among…
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…
180 Automatic Extension Period for EAD Increases to 540 days
USCIS announced on May 3, 2022 that effective May 4, 2022, the 180 day automatic extension for certain applicants who…
Update on E and L Spouses – Employment Authorization
Today U.S. Citizenship and Immigration Services (USCIS) issued an update regarding changes it is making to assist those spouses of…
In Response to Russian Invasion, DHS Designates Ukraine for Temporary Protected Status
On March 3, 2022, Homeland Security Secretary Alejandro Mayorkas announced that eligible Ukrainian nationals residing in the United States as…
Ukraine Receives Temporary Protected Status
On March 3, 2022 Secretary of the Department of Homeland Security, Alejandro Mayorkas, designated Ukraine for Temporary Protected Status (TPS)…
CBP Updates I-94 Admission Codes to Allow E and L Dependent Spouses to Work without a Separate EAD
Further to policy changes first announced in November 2021, U.S. Customs and Border Protection (CBP) has implemented new Form I-94…
The Welcome Change to the USCIS Mission Statement
The Department of Homeland Security (DHS) was created by President George W. Bush after the September 11, 2001 terrorist attacks…
EB-5 Investor Visa Update January 10, 2022
A decision on January 5, 2022 by the Department of Homeland Security (DHS) to drop an appeal hopefully provides some…
Employment Authorization Document Update: Expedited Processing for Healthcare Workers
An important update was announced by USCIS on December 28, 2021 to help alleviate for at least some applicants the…
Visa Applications: Waiver of Interviews
On December 23, 2021, the Secretary of State authorized consular offices through December 31, 2022, to waive in-person interview requirements…
Our Nation’s First People
In honor of Native American Heritage Month, Christine Alden authored an article for AILA’s think immigration blog. In the article,…
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…
The Biden Administration Will Rescind COVID-19 Travel Bans But will Now Require Proof of Vaccination
Beginning early November 2021, the Biden Administration will rescind the geographic COVID-19 Travel Bans currently in place for individuals from…
International Entrepreneur Parole – a potential option for foreign investors
On May 10, 2021, U.S. Citizenship and Immigration Services made an announcement confirming that that the International Entrepreneur (IE) program remains…
The Importance of HBCUs: An Immigration Lawyer’s Perspective
The following article originally ran in the American Immigration Lawyers Association blog, ‘Think Immigration’ and can be viewed here. I…
President-elect Joe Biden’s Introduces Comprehensive Immigration Bill, the U.S. Citizenship Act of 2021
On the morning of his inauguration, President-elect Joe Biden announced his proposed legislation as part of his administration’s effort for…
Deferred Enforced Departure for Venezuelans Effective Today
The President has deferred the removal of Venezuelan nationals who are present in the United States as of January 20,…
Public Charge Rule Vacated Nationwide
On November 2, 2020, the district court in Cook County, Illinois, et al v. Wolf et. al., granted summary judgment in…
Congress Passes Emergency Bill that Expands USCIS Premium Processing and Increases Fees
On the evening of September 30, 2020, President Trump signed into law an appropriations bill that includes, among other provisions,…
Diversity Visa Winners Temporarily Shielded from Visa Ban
On September 4, 2020, a judge from the United States District Court for the District of Columbia issued a preliminary…
Trump Executive Orders and Proclamations Expand Information Sharing Among Government Agencies, Taking Aim at the H-1B Visa Program
In the last few months President Trump has issued a barrage of executive orders and proclamations aimed at restricting immigration…
House Passage of Emergency Stopgap USCIS Stabilization Act is Followed by Cancellation of USCIS Furloughs
On August 22, 2020, the U.S. House of Representatives passed the Emergency Stopgap USCIS Stabilization Act (H.R. 8089). The legislation…
USCIS Fee Increase to take Effect October 2, 2020
For months now, the Department of Homeland Security, Citizenship and Immigration Services (CIS) has been discussing, and proposing, increases to…
Public Charge Update
On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) enjoined the Department of…
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…
Positive Resolution for U.S. Colleges and Universities and for International Students
Last week, Harvard University and the Massachusetts Institute of Technology (MIT) sued the U.S. Department of Homeland Security and U.S.…
Newly Announced Changes Regarding International Student Visas Affect Colleges and Universities
On Monday, July 6, 2020, the Student and Exchange Visitor Program (SEVP) announced modifications to its previously issued exemptions for…
Presidential Proclamation Suspends Certain Nonimmigrant Visa Categories
On June 22, 2020, President Trump issued an executive order suspending the entry of individuals to the United States pursuant…
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…
Suspension of Entry to the U.S. for Certain Chinese Nationals
On May 29, 2020, the White House issued Proclamation 100043, suspending the entry of certain Chinese nationals seeking to enter…
United States citizenship and immigration services, Miami and Caribbean district reopens to the public
On March 18, 2020, the United States Citizenship and Immigration Services (USCIS) suspended in person non-emergency services in response to…
United States Citizenship and Immigration Services, Tampa District Offices to Reopen for In-Person Services
The United States Citizenship and Immigration Services (CIS) Tampa District has announced that it will begin reopening its local offices…
US Citizenship and Immigration Services Settlement Agreement and Rescinds 2018 Policy for H1B Workers at Third Party Work Sites
On May 20, 2020, US Citizenship and Immigration Services (CIS) signed a settlement agreement with plaintiffs who had sued the…
Temporary Closure of Trusted Traveler Program Enrollment Centers until July 6, 2020
On May 26, 2020, US Customs and Border Protection (CBP) announced that it will extend the temporary closure of its…
Suspension of Entry to the US of Brazilians under Presidential Proclamation
On May 24, 2020, the White House issued a proclamation that temporarily bars persons who have been in Brazil from…
USCIS Further Extends Deadlines for Responses to Agency Requests
In light of COVID-19, USCIS has further extended the flexibilities it announced in March to assist applicants and petitioners responding…
USCIS Preparing to Re-Open Offices in June 2020
After a seven-week suspension of in-person services at its field offices, asylum offices and application support centers (ASCs) due to…
President Trump Issues Executive Order Temporarily Halting Immigration into the United States
On April 22, 2020, President Donald Trump signed an executive order temporarily suspending immigration into the United States for certain…
USCIS Completes Inaugural H-1B Cap Electronic Pre-Registration Process and Now Accepting Petitions
Last week, U.S. Citizenship and Immigration Services (USCIS) completed the electronic pre-registration process for this year’s H-1B cap season, inaugurating…
DHS Implements More Temporary Changes Due to COVID-19
As social distancing measures expand across the country in efforts to combat the COVID-19 pandemic, the Department of Homeland Security…
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…
Immigration Processing and Travel Impacts of COVID-19
Citizenship and Immigration Services announced that effective March 18, 2020 all non-emergency in-person appointments at local offices, including appointments for…
Restrictions on International Travel Due to Coronavirus (COVID-19)
Concerns over the spread of COVID-19 are significantly impacting individuals’ ability to travel internationally because of recent physical presence (not…
DHS and DOS Implement Public Charge Rule, Along with New Forms
This past week, the Department of Homeland Security (DHS) began implementing its new public charge rule nationwide. The Department of State…
Federal Judge Stops USCIS from Applying its Revised Policy on Unlawful Presence for Foreign Students and J Nonimmigrants
On February 6, 2020, the United States District Court for the Middle District of North Carolina in Guilford College et.…
USCIS Issues New Version of Form I-9 Employment Eligibility Verification Form
Earlier this year, United States Citizenship and Immigration Services (USCIS) announced a new version of Form I-9 Employment Eligibility Verification…
Supreme Court Lifts Injunction on New Public Charge Rules
We have been closely tracking the new Public Charge Rule that was initially set to take effect on October 15,…
New Rules Require Consular Officers to Deny Visitor Visas to Pregnant Women, Others
Effective January 24, 2020, the U.S. Department of State has issued a rule, and amended existing Regulations, regarding issuance of…
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…
Spotlight on Denaturalization
Much of today’s immigration news coverage understandably focuses on mechanisms to gain access to U.S. immigration benefits such as visa…
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…
Dominican Republic to Require Venezuelan Nationals to Apply for a Visa to Enter the Country
The Dominican Republic’s Ministry of Foreign Affairs announced that as of December 16, 2019, Venezuelan nationals wishing to enter the…
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…
DHS Proposes Eighty-Three Percent Increase in Naturalization Application Fee
On November 14, 2019, Department of Homeland Security published a notice in the Federal Register regarding a proposed increase in…
DHS Extends Protections to TPS Beneficiaries From Terminated Countries in Compliance with Court Order
On November 4, 2019, the Department of Homeland Security (DHS) published a Federal Register Notice automatically extending the validity of…
Implementation of Health Insurance Proclamation Halted
On November 2, 2019, a coalition of interested parties, including the American Immigration Lawyers Association (AILA), Justice Action Center and…
Proclamation to Introduce New Health Insurance Requirement for Certain Immigrants
Earlier this month, President Trump issued Proclamation 9945, titled “Suspension of Entry of Immigrants Who Will Financially Burden the United…
Federal Judges Enjoin the Dept. of Homeland Security from Implementing New Public Charge Rule and Associated New Versions of Forms
We previously reported on USCIS’s publication and prospective implementation of a new “Public Charge” rule. This rule seeks to expand…
Public Charge Rule To Take Effect October 15, 2019, Creates Uncertainty for Applicants
Immigration officers can deny a Green Card or other visa if they determine that the applicant is “likely to become…
Updates to I-94 Records and Why They’re Important
The Department of Homeland Security, Customs and Border Protection (CBP), recently announced that it will no longer stamp passports of…
USCIS to Implement Policy Change Impacting the Acquisition of Citizenship for Children Born Overseas
On August 28, 2019, USCIS released a new policy memorandum, binding on all agency employees and adjudications, changing the way…
September 2019 Visa Bulletin Update
You may have seen articles discussing next month’s “Visa Bulletin” and what it means for employment-based visa preference categories. But…
Closure of International Field Offices
U.S. Citizenship and Immigration Services (USCIS) has historically maintained International Offices in countries around the globe as part of the…
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).…
The Final Rule Expanding the Definition of “Public Charge” and its Impact on Legal Immigration
Today, the U.S. Department of Homeland Security (DHS) published a final rule on inadmissibility on public charge grounds, dramatically expanding…
Significant New EB-5 Regulations to be Published July 24, 2019, Effective November 21, 2019
U.S. Citizenship and Immigration Services (USCIS) announced on July 23, 2019 that final regulations will be published on July 24,…
10 Questions (and Answers) About the EB-5 Program and its Future as its Sunset Date and New Final Rule Loom
With a sunset date on the United States EB-5 Immigrant Investor Visa Program set for September 30, 2019 as well…
August 2019 Visa Numbers – How are You Affected?
Today, the U.S. Department of State published the Visa Bulletin for August 2019. Among the significant changes in availability of…
Fee Changes for the Student and Exchange Visitor Program (SEVP)
U.S. Immigration and Customs Enforcement recently announced that The Department of Homeland Security (DHS) has finalized changes in the fees…
USCIS to Commence Premium Processing Adjudications for Pending H-1B Cap – Subject Petitions Starting June 10
After several seasons of suspending the premium processing service in connection with H-1B Cap-Subject petitions due to “high demand,” this…
Implications of New Social Media Question on DS-160 and DS-260 Applications
On May 30, 2019, a new question was added to Forms DS-160 and DS-260, requiring the disclosure of visa applicants’…
Is It the End of the EB-5 World as We Know It? How to Prepare for Potential Changes – June 11
The EB-5 program has long provided a path to US Lawful Permanent Residence to immigrant investors willing to invest lawfully…
June Visa Bulletin and EB-5 Visa Availability for India Chargeable Applicants
USCIS has confirmed that for the month of June 2019, eligibility for filing employment-based adjustment of status applications will be…
USCIS Announces Completion of H-1B Lottery Selection Process
On May 17, 2019, USCIS announced that it has completed the “H-1B lottery” selection process for petitions filed during the…
Buchanan Shareholder’s New Role as President of American Immigration Lawyers Association, South Florida Chapter
This week, I was honored and very proud to become the new President of the South Florida Chapter of the…
E-2 Treaty Investor Classification Now Open to Israeli Citizens
The U.S. Embassy in Israel recently announced that Israeli citizens are now eligible to apply for the E-2 treaty investor…
USCIS Clarifies That Violations Involving Marijuana Could Impact Good Moral Character Determination in Naturalization
USCIS recently announced an update to the agency’s Policy Manual, clarifying that violations of federal controlled substance law, including violations…
CBP Refusing to Review L-1 Renewal Petitions at the Canadian Border
There are increasing reports of U.S. Customs and Border Protection (CBP) refusing to review L-1 petitions presented at Canadian ports…
USCIS Launches New Online H-1B Employer Data Hub
As a part of ongoing efforts by United States Citizenship & Immigration Services (USCIS) to revamp the H-1B visa program…
Latest on Premium Processing for New H-1B’s filed April 1, 2019 for the Fiscal Year 2020 Cap Season
On March 19, 2019, USCIS announced yet another change for H-1B cap petitions to be filed on April 1, 2019.…
EB-5 Immigrant Investor Program Modernization in Final Rulemaking
On January 13, 2017, a few days before the new administration took office, the Department of Homeland Security (DHS) issued…
Judge Grants Citizenship to Twin Sons Born to Same-Sex Married Couple in Landmark Defeat for U.S. Government
After a long fought legal battle with the State Department, a federal judge in California recently ruled that a twin…
Buchanan Attorneys to Present at AILA South Florida Conference
The American Immigration Lawyers Association (AILA) South Florida Chapter will host its 40th Annual Immigration Law Update Conference on February…
Premium Processing Resumes for Certain H-1B Petitions
U.S. Citizenship and Immigration Services (USCIS) has resumed the Premium Processing option for H-1B petitions filed on or before December…
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 to Close the Moscow Field Office
On February 5, 2019, USCIS announced that it will be closing its Field Office in Moscow, Russia, effective March 1,…
Changes to Consular Processing in China for H and L Visa Beneficiaries
The U.S. Department of State (DOS) and Mission China have announced changes to consolidate the processing of employment-based H and…
DHS Publishes Final Rule Amending the H-1B Cap Filing Process
On January 30, 2019, the U.S. Department of Homeland Security (DHS) published a final rule that changes the process by which…
Caution to Families in Tourist Status: Do Not Enroll Your Children in School in the U.S. Without a Student Visa
A common mistake we see all too often is foreign nationals entering the United States in B-2 visitor status with…
Guilty Until Proven Innocent: Visa Revocations at U.S. Consular Posts
No longer is a finding of guilt, or even a finding of fault, necessary for a person’s U.S. visa to…
Federal Judge Blocks Trump’s Policy Restricting Asylum Protections for People Fleeing Domestic Abuse and Gang Violence
Recently, a federal judge in Washington D.C., Emmet Sullivan, struck down the June 2018 decision from former Attorney General Jeff…
More from USCIS on Denying Advance Parole for Abandonment
U.S. Citizenship & Immigration Services (USCIS) recently updated its website to provide additional notes on when certain Form I-131 Advance…
Government Shutdown – How Could Immigration Matters be Impacted?
Amid the prospect of another government shutdown, you may be wondering how such an action could impact immigration matters. Whether a…
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…
Canadian Cannabis Legalization: Considerations at the U.S. Border for Canadian Nationals and U.S. Employers
In October 2018, the recreational possession and use of cannabis became legal throughout Canada pursuant to The Cannabis Act. While…
The Department of Homeland Security Proposes New Pre-Registration Procedure and Alterations to Lottery Selection Process for H-1B Cap-Subject Petitions
On December 3, 2018, the Department of Homeland Security (“DHS”) published a notice of proposed rulemaking seeking to require petitioning…
TN Visa Category Left Unchanged in NAFTA Successor Agreement: The “United States-Mexico-Canada Agreement”
The governments of the United States, Mexico and Canada recently concluded the process of renegotiating the North American Free Trade…
Our Trip Inside an Immigrant Detention Facility and How Congress Can Improve the Asylum Process
Like everyone in America and around the world, we have been following the news about the border separation policy of…
Immigration Crackdown – Are You Ready?
In the same week House Republicans rolled out an immigration bill which included border security measures, U.S. Immigration and Customs…
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…
EB-5 Regional Center Program Extended to December 8, 2017
The EB-5 Regional Center Program authorization was set to expire September 30, 2017. The extension of the authorization until December…
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…
Buchanan’s Immigration Services Expand, Strengthen with Recent Labor & Employment Additions
We recently welcomed nine attorneys to Buchanan’s labor and employment practice. Two of those attorneys focus on immigration law, broadening…
USCIS Releases New Form I-9 Dated July 17, 2017
U.S. Citizenship and Immigration Services (USCIS) has released an updated Employment Eligibility Verification Form I-9 dated July 17, 2017. Employers…
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…
I-9 Compliance & H-1B, H-4 Visa Changes in Trump’s 1st 100 Days
Earlier this year we hosted a seminar titled “Immigration and the Trump Administration: What Every Employer Needs to Know for…
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…
100 Days in a Minute: Immigration Reform – Part 2
Following an unprecedented election season, the next four years promise to bring significant change to America as President Donald Trump…
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…
100 Days in a Minute: Immigration Reform – Part I
Following an unprecedented election season, the next four years promise to bring significant change to America as President Donald Trump…
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…
Employers Must Use New Form I-9 Starting January 22, 2017
U.S. Citizenship and Immigration Services (USCIS) recently updated the Employment Eligibility Verification Form I-9 to the edition dated November 14,…
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…
Are You Affected by the Changes to the Individual Taxpayer Identification Number (ITIN)?
[et_pb_section admin_label=”section”][et_pb_row admin_label=”row”][et_pb_column type=”4_4″][et_pb_text admin_label=”Text”] The Internal Revenue Service (IRS) recently announced changes to the Individual Taxpayer Identification Number (ITIN)…
On The Fence on Whether to File? The Price of Filing for Immigration Benefits Will Go Up December 23, 2016
The U.S. Citizenship & Immigration Services (USCIS) has announced an increase in government filing fees effective December 23, 2016. The…
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…
People’s Republic of China Affected by Electronic Visa Update System (EVUS)
U.S. Customs and Border Protection (CBP) has announced that effective November 29, 2016 all People’s Republic of China passport holders…
Hurricane Matthew Relief
The U.S. Citizenship & Immigration Service (USCIS) has set out its directives to offer immigration relief measures for those persons…
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…
William J. Flynn’s Letter to the Editor on Immigration Runs in the Tampa Bay Times
William J. Flynn, III, shareholder in our Immigration group, penned a Letter to the Editor which appeared in the Tampa…
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…
Foreign Entrepreneurs Series | Part 2: Immigrant Visas
In May, we began a series discussing some of the issues faced by foreign entrepreneurs when starting businesses in the…
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…
Alert for Chinese B-1/B-2 Visa Holders
Future travel to the United States by Chinese B-1/B-2 Visa holders will be affected beginning in November, 2016. The United…
InfoPass Appointments Just Got Easier!
USCIS just revamped their online InfoPass website which allows you to schedule an appointment at one of their numerous field…
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…
Foreign Entrepreneurs Series | Part 1: Putting the Start-Up Cart before the Visa Horse / Nonimmigrant Visas
Navigating the legal landscape when starting a business can be tricky, and this is especially true when doing so in…
Filipino World War II Veterans Parole Program
During World War II there were thousands of Filipinos who bravely enlisted to fight for our United States. More than…
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…
USCIS Reaches FY 2017 H-1B Cap
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it had reached the congressionally mandated H-1B cap…
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…
Christopher R. Thorn’s Article in TEQ Magazine Advises Employers on Recruiting Foreign Creative Technologists
“As the digital experience becomes more and more essential in our everyday lives, companies are searching for ways to continuously…
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…
DHS Publishes Final Rule Regarding Certain Immigrant and Nonimmigrant Workers
On January 15, 2016, the Department of Homeland Security (DHS) published a final rule in the Federal Register, amending its…
Fees On The Rise for Certain H-1B and L-1 Petitioners
Effective December 18, 2015, President Obama signed into Law The Consolidated Appropriations Act (Public Law 114-113) which increases fees for…
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…
DHS Proposes Rule Affecting Certain Employment-Based Immigrant and Nonimmigrant Applications
On December 31, 2015, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register, entitled “Retention…
Congress Reaches Bipartisan Deal on 2016 Omnibus Bill
On Tuesday, December 15, 2015, Congressional leaders reached an agreement on a year-end spending and tax deal that would prevent a government shutdown…
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…
Expect the Unexpected – Delays in Processing O and P Petitions
The American Immigration Lawyers Association has sent out an alert that O and P petitions are currently taking approximately eight…
Fifth Circuit Strikes Down DACA and Expanded DAPA
On November 9, 2015, the United States Court of Appeals for the Fifth Circuit upheld an injunction permanently barring 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…
DOL Refuses to Forgive Clerical Error on PERM Application
The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work…
2017 Diversity Immigrant Visa Lottery Program Announced
The U.S. Department of State has announced the opening of the registration period for the DV-2017 Diversity Visa (DV) Lottery…
USCIS Suspends Final Adjudication of Employment-Based Adjustment Applications Until October 1
Starting today, September 24, 2015, USCIS will suspend final adjudication of employment-based adjustment of status applications filed on Form I-485,…
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…
Individuals Matched to a Job Order Not “Applicants” for Purposes of PERM
The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work…
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…
Immigrant Fee Payment Process Just Made Easier
The U.S. Citizenship & Immigration Service (USCIS) just made it easier for immigrants to pay the USCIS Immigrant Fee online…
Expect Possible Delays Receiving Your Employment Authorization or Permanent Residence Cards
USCIS has confirmed that their card production facility in Corbin, KY is undergoing maintenance, and all card production work has…
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,…
USCIS Finalizes New Guidance on L-1B Specialized Knowledge Petitions
On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a final Policy Memorandum on L-1B visa adjudications (L-1B…
Treat Your Immigration Goals Like You Treat Your Finances – Plan, Plan, Plan
Whether you are an employer or an individual – when it comes to your immigration goals it pays to look…
September 2015 Visa Bulletin: Major Retrogression for EB2 China and India
The U.S. Department of State has published the monthly “Visa Bulletin” for September 2015. The Visa Bulletin is a government…
Bea LeVine, CP, FRP Receives Affiliate Award for the Paralegal Association of Florida, Inc. at National Association of Legal Assistants
During a three-day national conference in Tulsa, Bea LeVine, CP, FRP was presented with the Affiliate Award by the National Association of…
Final USCIS Guidance on When to File Amended H-1B Petitions for Worksite Changes
As previously reported, on May 22, 2015, U.S. Citizenship and Immigration Services (USCIS) posted draft guidance on when to file…
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…
Corporation Pleads Guilty and Forfeits $1 Million for Hiring Unauthorized Workers
On July 14, 2015, the U.S. Department of Justice, U.S. Attorney’s Office, announced that a corporation domiciled in Pennsylvania pled…
USCIS Resumes Premium Processing for Extension of Stay H-1B Petitions
On July 13, 2015, U.S. Citizenship and Immigration Services (USCIS) resumed accepting Form I-907, Request for Premium Processing Service for…
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…
SEC Charges Companies with Unregistered Broker-Dealer Activity Related to EB-5 Investment
On June 23, 2015, the Securities and Exchange Commission (SEC) charged two companies with unregistered broker activity related to EB-5…
Visa Delays Plague U.S. Consulates and Embassies Due to Technical Issues
The U.S. Department of State (DOS) has reported that it is experiencing technical problems with its visa systems, preventing it…
Didn’t Make the H-1B Cut? Here are Some Alternatives
As previously reported, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated H-1B cap, including the 65,000 general-category cap…
BALCA on Lawful Reasons for Rejecting U.S. Applicants in PERM Cases
The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work…
Federal Court Refuses to Block H-4 EAD Rule During Pendency of Lawsuit
As previously reported, a lawsuit filed in the U.S. District Court for the District of Columbia, by Save Jobs USA,…
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…
Lawsuit Seeks to Block New DHS Rule Granting EADs to Certain H-4 Spouses
As previously reported, beginning on May 26, 2015, the U.S. Department of Homeland Security (DHS) will begin the implementation of…
PERM Denial Upheld for Failure to Submit Signed Recruitment Report
The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently…
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…
USCIS Issues Statement on the Use of Loans as EB-5 Capital
On April 22, 2015, U.S. Citizenship and Immigration Services (USCIS) held an EB-5 Stakeholder Engagement to discuss various issues relating…
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…
DHS and DOL Issue H-2B Rules
The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the…
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…
Proposed Law: Permanent Residence for E-2 Investors and Certain Benefits for Their Children
On April 9, 2015, Congressman David Jolly introduced a bill in the House of Representatives titled “E-2 Visa Improvement Act…
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 Completes H-1B Cap Lottery for FY2016
As previously reported, on April 7, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that it had reached the congressionally…
AAO Requires Amended H-1B Petition for Change in Work Location When New LCA Necessary
On April 9, 2015, the Administrative Appeals Office (AAO), which is responsible for the review of certain decisions rendered by…
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…
USCIS Issues Draft Guidance on L-1B Specialized Knowledge Visas
The L-1 (“intracompany transferee”) nonimmigrant visa classification permits multinational companies to transfer certain categories of employees from their foreign operations…
DOS Establishes Timeline for 2015 Poverty Guidelines
When processing immigrant visa cases subject to the Affidavit of Support Form I-864 requirement, consular posts must use the numbers…
USCIS Resumes H-2B Adjudications But Premium Processing Remains Suspended
As previously reported, on March 5, 2015 U.S. Citizenship and Immigration Services (USCIS) suspended processing of H-2B petitions for non-immigrant…
DHS and DOL to Issue Joint Interim Final Rule on H-2B Petitions
As previously-reported, on March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of…
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…
CBP Now Using Checklist for U.S.-Canada Port-of-Entry L-1 Applications
The L-1 visa is for employees of multinational corporations who wish to come to the U.S. to work for a…
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…
H-4 Spouses of Certain H-1B Workers May Apply for Work Authorization Beginning on May 26, 2015
On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that, effective May 26, 2015, the…
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…
DHS Will Not Begin Accepting Expanded DACA Applications on February 18, 2015
On February 17, 2015, Secretary Jeh C. Johnson announced that the Department of Homeland Security (DHS) will not accept requests…
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…
USCIS to Begin Accepting Requests for Expanded DACA on February 18, 2015
NOTE: This article does not contain the most current information. The government is NOT accepting applications for DAPA or expanded…
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…
Staffing Company Fined $226,270 for Failure to Examine Documents Before Signing Section 2 of Form I-9
As regularly reported in the news, the crackdown on employers by the federal government continues. If your company is targeted…
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…
Immigration Judge Forced to Recuse Herself from Cases Involving Shared Heritage
An Iranian American immigration judge has sued the U.S. Department of Justice (DOJ) after it issued an official order forcing…
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…
Global Entry Expanded to Citizens of Panama
U.S. Customs and Border Protection (CBP) recently published a general notice announcing that it will be expanding the Global Entry…
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…
USCIS Seeks Feedback on RFE Template for Multinational Executive and Manager Category
In April 2010, U.S. Citizenship and Immigration Services (USCIS) launched its Request for Evidence (RFE) Project, an initiative to review…
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…
Administrative Changes Will Create Opportunities for Startups
As we recently reported, on November 20, 2014, the President announced a series of executive actions broadly covering immigration law.…
Beware of Haitian Family Reunification Parole Program Scams
In October, U.S. Citizenship & Immigration Services (USCIS) announced that it would implement the Haitian Family Reunification Parole Program (HFRPP)…
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…
SEVP Deploys More Field Representatives to Schools
As previously reported, the Student and Exchange Visitor Program (SEVP) division of U.S. Immigration and Customs Enforcement (ICE) announced the…
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…
Original Civil Documents No Longer Required in Immigrant Visa Applications
The National Visa Center (NVC) has advised that, as of November 12, 2014, it will no longer require the submission…
The United States and China To Extend Visas for Short-term Business Travelers, Tourists and Students
On November 10, 2014, the U.S. Department of State (DOS) announced that starting November 12, 2014, the United States and…
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…
I-751 Applications Transferred from Vermont Service Center to California Service Center
U.S. Citizenship and Immigration Services (USCIS) reported that Forms I-751, Petitions to Remove the Conditions on Residence, filed with the…
DOL Issues iCERT Password Reactivation Reminder
On November 3, 2014, the U.S. Department of Labor (DOL) issued an alert reminding stakeholders that, as of September 30,…
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…
USCIS Policy Alert on Effect of Assisted Reproductive Technology on Immigration and Citizenship
USCIS recently issued policy guidance, published in the USCIS Policy Manual and Adjudicator’s Field Manual, related to the use of…
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…
H-1B Legacy Records No Longer Available
As part of a review and approval process that took place last summer, the National Archives and Records Administration (NARA)…
DOL Issues FAQ on Foreign National Qualifications
A permanent labor certification issued by the U.S. Department of Labor (DOL) allows an employer to hire a foreign national to…
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…
Supreme Court Will Hear Two Immigration Cases in 2015
The U.S. Supreme Court announced this month which cases it will hear in the coming year. Two of such cases…
FICA Payroll Taxes Must Be Withheld From Employees Switching From F-1 to H-1B Status
As a reminder, employers need to be mindful when foreign national employees change from a nonimmigrant status exempt from Social…
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,…
USCIS Launches New E-Verify Website
E-Verify is the internet-based system through which employers can verify the work eligibility of new hires. Upon hiring a new employee,…
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,…
National Visa Center Cases Delayed for 60 Days
Due to a recent increase in immigrant visa petitions approved by U.S. Citizenship and Immigration Services (USCIS), the National Visa…
2016 Diversity Visa Lottery Opens October 1
The registration period for the 2016 Diversity Visa Program opened on Wednesday, October 1, 2014 at 12:00 noon, Eastern Daylight…
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,…
USCIS Alert for Employers Regarding Certain Secure Stamps
U.S. Citizenship and Immigration Services recently alerted that on July 1, 2014, it began using blue ink for many of…
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…
India EB-2 Expected to Retrogress
The second preference employment based category for immigrant petitions for Indian nationals is expected to retrogress as early as November.…
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…
Large Increase in Fee to Renounce Citizenship
Beginning September 6, 2014, the U.S. Department of State’s fee to renounce U.S. citizenship increased fivefold—from $450 to $2,350. The…
OCAHO Significantly Reduces Fine After Finding No Unauthorized Employees
On June 30, 2014, the Office of the Chief Administrative Hearing Officer (OCAHO), which is responsible for review of penalties…
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…
DOS Alert: China EB-5 “Unavailable” for Remainder of FY2014
According to the U.S. Department of State, effective Saturday, August 23, 2014, the China Employment Fifth (EB-5) preference category has…
Automated Passport Control
By now, many of our readers have likely seen Automated Passport Control (APC) kiosks in the passport control area of…
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…
“Surge Docket” for New York Minors
An immigration court in New York has begun what it is calling “surge docket” proceedings for unaccompanied minors. The court, which…
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…
BALCA Holds That, Despite Typographical Error on ETA9089, Audit Materials Demonstrated Compliance
Before an employer may file an application under the Permanent Employment Certification (PERM) process, it must test the labor market…
CBP Launches Mobile Passport Control App
U.S. Customs and Border Protection (CBP) announced the release of its first mobile app this week. The app, Mobile Passport Control…
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…
Third Country Nationals: Consular Interviews Outside Your Home Country
Nonimmigrant visa applicants often inquire about attending consular interviews in a third country. Especially for foreign nationals who travel frequently,…
What’s Going On With Consular Delays? (Part 2)
As we previously reported, the U.S. Department of State Bureau of Consular Affairs has been experiencing technical problems with its…
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…
White House Plans to Expand Immigrants’ Rights
Last month, President Obama stated that he would do as much as he could on his own to fix the…
UK Passport Workers Go on Strike
Hundreds of passport workers in the UK have gone on strike, citing staff numbers and pay as the cause of…
What’s Going On With Consular Delays? (Part 1)
The U.S. Department of State Bureau of Consular Affairs is currently experiencing technical problems with its passport and visa system. Consular…
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…
William Flynn Talks to News Radio 970 WFLA on the Status of Immigration Reform
On July 17, Buchanan Ingersoll & Rooney Shareholder William Flynn talked to News Radio 970 WFLA about the influx of…
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…
Immigration Court Backlog Reaches All-Time High Due to Influx of Juvenile Immigrants
According to data obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, as of the end of June…
Deficient Approval Notices Issued
The U.S. Citizenship and Immigration Services (“USCIS”) has reported that a recent problem resulting in the issuance of deficient approval…
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…
BIA Holds Physical Presence of Parent Cannot be Imputed to Child for TPS Purposes
The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the…
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”…
Proponents Refuse to Give Up on Immigration Reform
The push toward immigration reform over the past year has been a long and disappointing haul. What started as an optimistic…
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…
Unpublished BIA Decision: E-2 Spouses Not Required to Obtain EAD
On November 5, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision reversing the denial of an adjustment…
Padilla v. Kentucky Held Retroactive in Massachusetts
On September 13, 2013, the Massachusetts Supreme Judicial Court (SJC), in Commonwealth v. Sylvain, held that the duty of defense…
Padilla v. Kentucky Not Retroactive
On February 20, 2013, The U.S. Supreme Court declined to apply retroactively a 2010 ruling (Padilla v. Kentucky) that requires…
Florida Supreme Court holds that Padilla v. Kentucky Does Not Apply Retroactively
On November 21, 2012, the Florida Supreme Court, the highest court in the State of Florida, issued a decision in…