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…
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In January 2021, the United States designated Cuba as a State Sponsor of Terrorism, which affected travelers who came to…
The H-1B program is one of the most sought-after options for nonimmigrant visas among professionals seeking to work in the…
Employers wishing to sponsor foreign national workers for permanent residency, commonly referred to as a green card, must generally follow…
On July 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it will be conducting a second random selection…
On June 28, 2024, the U.S. Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo, overturning the…
On June 18, 2024, President Biden unveiled new policies through the U.S. Department of Homeland Security (DHS) aimed at keeping…
On January 24, 2024, USCIS issued updated policy guidance to address when USCIS may excuse untimely filed extensions of stay…
On December 21, the State Department released the long-awaited details of a previously announced pilot program that will allow qualified…
On October 30, 2023, in a recent executive order titled “Executive Order on the Safe, Secure, and Trustworthy Development and…
On April 28, 2023, USCIS announced that for Fiscal Year 2024 (begins October 1, 2023), it received 758,994 eligible H1B…
On February 14, 2023 United States (US) Citizenship and Immigration Services (USCIS) announced an important change regarding when an immigrant…
Following up on their commitment to improving efficiency and reducing processing times within the immigration system, USCIS will now start…
The H-1B visa program allows U.S. employers to hire foreign national workers for specialty occupation jobs. U.S. Congress has established…
USCIS has announced that it will expand the Premium Processing Program. Effective January 30, 2023, Multi-National Executives and Managers, as…
Effective January 6, US Citizenship and Immigration Services has extended and implemented a new parole program previously only available for…
On December 23, 2022, President Biden signed into law the James M. Inhofe National Defense Authorization Act (NDAA). Pursuant to…
Amid worries of a recession and rising inflation, the tech sector recently announced a significant number of layoffs which have…
On December 15, 2022, Congress passed the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, which, among…
The U.S. Department of State publishes the monthly Visa Bulletin, which is used to determine when beneficiaries of immigrant petitions…
USCIS announced on May 3, 2022 that effective May 4, 2022, the 180 day automatic extension for certain applicants who…
Today U.S. Citizenship and Immigration Services (USCIS) issued an update regarding changes it is making to assist those spouses of…
On March 3, 2022, Homeland Security Secretary Alejandro Mayorkas announced that eligible Ukrainian nationals residing in the United States as…
On March 3, 2022 Secretary of the Department of Homeland Security, Alejandro Mayorkas, designated Ukraine for Temporary Protected Status (TPS)…
Further to policy changes first announced in November 2021, U.S. Customs and Border Protection (CBP) has implemented new Form I-94…
The Department of Homeland Security (DHS) was created by President George W. Bush after the September 11, 2001 terrorist attacks…
A decision on January 5, 2022 by the Department of Homeland Security (DHS) to drop an appeal hopefully provides some…
An important update was announced by USCIS on December 28, 2021 to help alleviate for at least some applicants the…
On December 23, 2021, the Secretary of State authorized consular offices through December 31, 2022, to waive in-person interview requirements…
In honor of Native American Heritage Month, Christine Alden authored an article for AILA’s think immigration blog. In the article,…
Across the country, hospitals and health systems have been struggling to fill open nursing positions for years as these professionals…
Beginning early November 2021, the Biden Administration will rescind the geographic COVID-19 Travel Bans currently in place for individuals from…
On May 10, 2021, U.S. Citizenship and Immigration Services made an announcement confirming that that the International Entrepreneur (IE) program remains…
The following article originally ran in the American Immigration Lawyers Association blog, ‘Think Immigration’ and can be viewed here. I…
On the morning of his inauguration, President-elect Joe Biden announced his proposed legislation as part of his administration’s effort for…
The President has deferred the removal of Venezuelan nationals who are present in the United States as of January 20,…
On November 2, 2020, the district court in Cook County, Illinois, et al v. Wolf et. al., granted summary judgment in…
On the evening of September 30, 2020, President Trump signed into law an appropriations bill that includes, among other provisions,…
On September 4, 2020, a judge from the United States District Court for the District of Columbia issued a preliminary…
In the last few months President Trump has issued a barrage of executive orders and proclamations aimed at restricting immigration…
On August 22, 2020, the U.S. House of Representatives passed the Emergency Stopgap USCIS Stabilization Act (H.R. 8089). The legislation…
For months now, the Department of Homeland Security, Citizenship and Immigration Services (CIS) has been discussing, and proposing, increases to…
On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) enjoined the Department of…
As previously-reported in one of our blog posts, on June 22, 2020, a new Presidential Proclamation extended a previously-issued proclamation…
Last week, Harvard University and the Massachusetts Institute of Technology (MIT) sued the U.S. Department of Homeland Security and U.S.…
On Monday, July 6, 2020, the Student and Exchange Visitor Program (SEVP) announced modifications to its previously issued exemptions for…
On June 22, 2020, President Trump issued an executive order suspending the entry of individuals to the United States pursuant…
On June 18, 2020, the Supreme Court of the United States (“SCOTUS”) issued a decision blocking an attempt by the…
On May 29, 2020, the White House issued Proclamation 100043, suspending the entry of certain Chinese nationals seeking to enter…
On March 18, 2020, the United States Citizenship and Immigration Services (USCIS) suspended in person non-emergency services in response to…
The United States Citizenship and Immigration Services (CIS) Tampa District has announced that it will begin reopening its local offices…
On May 20, 2020, US Citizenship and Immigration Services (CIS) signed a settlement agreement with plaintiffs who had sued the…
On May 26, 2020, US Customs and Border Protection (CBP) announced that it will extend the temporary closure of its…
On May 24, 2020, the White House issued a proclamation that temporarily bars persons who have been in Brazil from…
In light of COVID-19, USCIS has further extended the flexibilities it announced in March to assist applicants and petitioners responding…
After a seven-week suspension of in-person services at its field offices, asylum offices and application support centers (ASCs) due to…
On April 22, 2020, President Donald Trump signed an executive order temporarily suspending immigration into the United States for certain…
Last week, U.S. Citizenship and Immigration Services (USCIS) completed the electronic pre-registration process for this year’s H-1B cap season, inaugurating…
As social distancing measures expand across the country in efforts to combat the COVID-19 pandemic, the Department of Homeland Security…
Amidst growing concerns stemming from the continued spread of COVID-19, employers have been prompted to consider travel and work location…
Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland…
Citizenship and Immigration Services announced that effective March 18, 2020 all non-emergency in-person appointments at local offices, including appointments for…
Concerns over the spread of COVID-19 are significantly impacting individuals’ ability to travel internationally because of recent physical presence (not…
This past week, the Department of Homeland Security (DHS) began implementing its new public charge rule nationwide. The Department of State…
On February 6, 2020, the United States District Court for the Middle District of North Carolina in Guilford College et.…
Earlier this year, United States Citizenship and Immigration Services (USCIS) announced a new version of Form I-9 Employment Eligibility Verification…
We have been closely tracking the new Public Charge Rule that was initially set to take effect on October 15,…
Effective January 24, 2020, the U.S. Department of State has issued a rule, and amended existing Regulations, regarding issuance of…
When immigration policies shift, the ripple effects are felt across every corner of the economy. The healthcare industry is no…
Much of today’s immigration news coverage understandably focuses on mechanisms to gain access to U.S. immigration benefits such as visa…
On December 26, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting applications to adjust status…
The Dominican Republic’s Ministry of Foreign Affairs announced that as of December 16, 2019, Venezuelan nationals wishing to enter the…
On November 21, 2019, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance explaining how USCIS applies the Board of…
On November 14, 2019, Department of Homeland Security published a notice in the Federal Register regarding a proposed increase in…
On November 4, 2019, the Department of Homeland Security (DHS) published a Federal Register Notice automatically extending the validity of…
On November 2, 2019, a coalition of interested parties, including the American Immigration Lawyers Association (AILA), Justice Action Center and…
Earlier this month, President Trump issued Proclamation 9945, titled “Suspension of Entry of Immigrants Who Will Financially Burden the United…
We previously reported on USCIS’s publication and prospective implementation of a new “Public Charge” rule. This rule seeks to expand…
Immigration officers can deny a Green Card or other visa if they determine that the applicant is “likely to become…
The Department of Homeland Security, Customs and Border Protection (CBP), recently announced that it will no longer stamp passports of…
On August 28, 2019, USCIS released a new policy memorandum, binding on all agency employees and adjudications, changing the way…
You may have seen articles discussing next month’s “Visa Bulletin” and what it means for employment-based visa preference categories. But…
U.S. Citizenship and Immigration Services (USCIS) has historically maintained International Offices in countries around the globe as part of the…
On August 20, 2019, the U.S. Department of State (DOS) announced that the maximum validity of E visa stamps for…
In March 2019, the Social Security Administration (SSA) resumed issuance of Educational Correspondence (EDCOR)/Employer Correction Requests (known as “no-match” letters).…
Today, the U.S. Department of Homeland Security (DHS) published a final rule on inadmissibility on public charge grounds, dramatically expanding…
U.S. Citizenship and Immigration Services (USCIS) announced on July 23, 2019 that final regulations will be published on July 24,…
With a sunset date on the United States EB-5 Immigrant Investor Visa Program set for September 30, 2019 as well…
Today, the U.S. Department of State published the Visa Bulletin for August 2019. Among the significant changes in availability of…
U.S. Immigration and Customs Enforcement recently announced that The Department of Homeland Security (DHS) has finalized changes in the fees…
After several seasons of suspending the premium processing service in connection with H-1B Cap-Subject petitions due to “high demand,” this…
On May 30, 2019, a new question was added to Forms DS-160 and DS-260, requiring the disclosure of visa applicants’…
The EB-5 program has long provided a path to US Lawful Permanent Residence to immigrant investors willing to invest lawfully…
USCIS has confirmed that for the month of June 2019, eligibility for filing employment-based adjustment of status applications will be…
On May 17, 2019, USCIS announced that it has completed the “H-1B lottery” selection process for petitions filed during the…
This week, I was honored and very proud to become the new President of the South Florida Chapter of the…
The U.S. Embassy in Israel recently announced that Israeli citizens are now eligible to apply for the E-2 treaty investor…
USCIS recently announced an update to the agency’s Policy Manual, clarifying that violations of federal controlled substance law, including violations…
There are increasing reports of U.S. Customs and Border Protection (CBP) refusing to review L-1 petitions presented at Canadian ports…
As a part of ongoing efforts by United States Citizenship & Immigration Services (USCIS) to revamp the H-1B visa program…
On March 19, 2019, USCIS announced yet another change for H-1B cap petitions to be filed on April 1, 2019.…
On January 13, 2017, a few days before the new administration took office, the Department of Homeland Security (DHS) issued…
After a long fought legal battle with the State Department, a federal judge in California recently ruled that a twin…
The American Immigration Lawyers Association (AILA) South Florida Chapter will host its 40th Annual Immigration Law Update Conference on February…
U.S. Citizenship and Immigration Services (USCIS) has resumed the Premium Processing option for H-1B petitions filed on or before December…
On February 11, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it will publish a revised Form I-539, Application…
On February 5, 2019, USCIS announced that it will be closing its Field Office in Moscow, Russia, effective March 1,…
The U.S. Department of State (DOS) and Mission China have announced changes to consolidate the processing of employment-based H and…
On January 30, 2019, the U.S. Department of Homeland Security (DHS) published a final rule that changes the process by which…
A common mistake we see all too often is foreign nationals entering the United States in B-2 visitor status with…
No longer is a finding of guilt, or even a finding of fault, necessary for a person’s U.S. visa to…
Recently, a federal judge in Washington D.C., Emmet Sullivan, struck down the June 2018 decision from former Attorney General Jeff…
U.S. Citizenship & Immigration Services (USCIS) recently updated its website to provide additional notes on when certain Form I-131 Advance…
Amid the prospect of another government shutdown, you may be wondering how such an action could impact immigration matters. Whether a…
On December 12, 2018, U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance in its Policy Manual to update…
In October 2018, the recreational possession and use of cannabis became legal throughout Canada pursuant to The Cannabis Act. While…
On December 3, 2018, the Department of Homeland Security (“DHS”) published a notice of proposed rulemaking seeking to require petitioning…
The governments of the United States, Mexico and Canada recently concluded the process of renegotiating the North American Free Trade…
Like everyone in America and around the world, we have been following the news about the border separation policy of…
In the same week House Republicans rolled out an immigration bill which included border security measures, U.S. Immigration and Customs…
Due to a federal court order, on January 13, 2018 U.S. Citizenship and Immigration Services (USCIS) announced that it has…
On November 20, 2017, Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status…
The Form I-751 is used by conditional residents to remove the conditions on residence and obtain a 10-year lawful permanent…
On September 24, 2017, the White House issued Presidential Proclamation 9645, establishing visa and travel restrictions for nationals of Chad,…
As previously reported, the annual Diversity Visa Lottery (DV) Program submission period for fiscal year 2019 began on October 3,…
Each year, the Diversity Visa Lottery (DV) Program makes available 50,000 immigrant visas to aliens from selected countries. The list…
The EB-5 Regional Center Program authorization was set to expire September 30, 2017. The extension of the authorization until December…
THIS ARTICLE IS NO LONGER CURRENT – PLEASE CHECK OUR SUBSEQUENT ARTICLE REGARDING THE CURRENT STATE OF DACA: USCIS Resumes…
On August 28, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin expanding in-person interviews for certain…
We recently welcomed nine attorneys to Buchanan’s labor and employment practice. Two of those attorneys focus on immigration law, broadening…
U.S. Citizenship and Immigration Services (USCIS) has released an updated Employment Eligibility Verification Form I-9 dated July 17, 2017. Employers…
UPDATE: On June 28, 2017, the U.S. Department of State issued a cable to all of its consular posts regarding…
On June 15, 2017, U.S. Department of Homeland Security (DHS) Secretary John F. Kelly signed a memorandum rescinding the Deferred…
Earlier this year we hosted a seminar titled “Immigration and the Trump Administration: What Every Employer Needs to Know for…
Speaking at his Joint Address to Congress in February 2017, President Donald Trump expressed his intention to tackle legal immigration…
Following an unprecedented election season, the next four years promise to bring significant change to America as President Donald Trump…
On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that, beginning on April 3, 2017, it will temporarily…
As previously reported, on January 27, 2017, President Donald Trump signed an Executive Order, which effectively banned travel to the…
Following an unprecedented election season, the next four years promise to bring significant change to America as President Donald Trump…
UPDATE AS OF FEBRUARY 8: The President has appealed the Washington Court’s decision to issue a Temporary Restraining Order (TRO)…
Throughout his campaign, and now as President, Donald Trump has indicated that his immigration reform efforts will focus mainly on…
On January 17, 2017, the U.S. Department of Homeland Security (DHS) published its final rule entitled “International Entrepreneur Rule.” This…
U.S. Citizenship and Immigration Services (USCIS) recently updated the Employment Eligibility Verification Form I-9 to the edition dated November 14,…
On December 27, 2016, U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) issued a decision in Matter of…
[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)…
The U.S. Citizenship & Immigration Services (USCIS) has announced an increase in government filing fees effective December 23, 2016. The…
One of the most sacred principles of the U.S. criminal justice system holds that defendants are presumed innocent until proven…
U.S. Customs and Border Protection (CBP) has announced that effective November 29, 2016 all People’s Republic of China passport holders…
The U.S. Citizenship & Immigration Service (USCIS) has set out its directives to offer immigration relief measures for those persons…
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, III, shareholder in our Immigration group, penned a Letter to the Editor which appeared in the Tampa…
On August 26, 2016, the U.S. Department of Homeland Security (DHS) revealed an advance copy of its notice of proposed…
In May, we began a series discussing some of the issues faced by foreign entrepreneurs when starting businesses in the…
The U.S. Department of State has published the monthly “Visa Bulletin” for August 2016. The Visa Bulletin is a government…
Future travel to the United States by Chinese B-1/B-2 Visa holders will be affected beginning in November, 2016. The United…
USCIS just revamped their online InfoPass website which allows you to schedule an appointment at one of their numerous field…
Applicants for nonimmigrant visas in India are currently experiencing increased wait times for interview appointments at the U.S. Consular Posts.…
On May 3, 2016, the American Immigration Lawyers Association (AILA) Verification and Document Liaison Committee met with USCIS’ Verification Division…
Navigating the legal landscape when starting a business can be tricky, and this is especially true when doing so in…
During World War II there were thousands of Filipinos who bravely enlisted to fight for our United States. More than…
On May 3, 2016, the U.S. Department of Homeland Security (DHS) issued a proposed rule that seeks to increase filing…
On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it had reached the congressionally mandated H-1B cap…
On Friday, March 11, 2016, the U.S. Department of Homeland Security (DHS) published the long-awaited final rule relating to Optical…
The U.S. Department of Homeland Security (DHS) has created the Known Employer pilot, which is only limited to nine preselected…
“As the digital experience becomes more and more essential in our everyday lives, companies are searching for ways to continuously…
The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that…
On January 15, 2016, the Department of Homeland Security (DHS) published a final rule in the Federal Register, amending its…
Effective December 18, 2015, President Obama signed into Law The Consolidated Appropriations Act (Public Law 114-113) which increases fees for…
The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently released a Technical Assistance Letter…
On December 31, 2015, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register, entitled “Retention…
On Tuesday, December 15, 2015, Congressional leaders reached an agreement on a year-end spending and tax deal that would prevent a government shutdown…
On December 14, 2015, U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Justice (DOJ) Civil Rights Division…
On November 24, 2015, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register to inform the…
The American Immigration Lawyers Association has sent out an alert that O and P petitions are currently taking approximately eight…
On November 9, 2015, the United States Court of Appeals for the Fifth Circuit upheld an injunction permanently barring the…
The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work…
Foreign national students in F-1 status are generally allowed to apply for and obtain a one-year work permit, referred to…
The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work…
The U.S. Department of State has announced the opening of the registration period for the DV-2017 Diversity Visa (DV) Lottery…
Starting today, September 24, 2015, USCIS will suspend final adjudication of employment-based adjustment of status applications filed on Form I-485,…
The EB-1A permanent residence category is reserved only for individuals with extraordinary ability in the sciences, arts, education, business, or…
The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work…
On September 9, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a major overhaul of its system for determining adjustment…
The U.S. Citizenship & Immigration Service (USCIS) just made it easier for immigrants to pay the USCIS Immigrant Fee online…
USCIS has confirmed that their card production facility in Corbin, KY is undergoing maintenance, and all card production work has…
Employers rarely question the general rule that independent contractors are not required to complete a form I-9. Most employers believe that,…
On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a final Policy Memorandum on L-1B visa adjudications (L-1B…
Whether you are an employer or an individual – when it comes to your immigration goals it pays to look…
The U.S. Department of State has published the monthly “Visa Bulletin” for September 2015. The Visa Bulletin is a government…
During a three-day national conference in Tulsa, Bea LeVine, CP, FRP was presented with the Affiliate Award by the National Association of…
As previously reported, on May 22, 2015, U.S. Citizenship and Immigration Services (USCIS) posted draft guidance on when to file…
On July 8, 2015, the Office of the Chief Administrative Hearing Officer (OCAHO), the administrative court with jurisdiction to review…
The permanent labor certification process (PERM) allows employers to hire foreign nationals to work permanently in the United States. Prior to…
On July 14, 2015, the U.S. Department of Justice, U.S. Attorney’s Office, announced that a corporation domiciled in Pennsylvania pled…
On July 13, 2015, U.S. Citizenship and Immigration Services (USCIS) resumed accepting Form I-907, Request for Premium Processing Service for…
The U.S. Department of State (DOS) announced changes to the application process to obtain E-1 and E-2 visas, due to…
On June 23, 2015, the Securities and Exchange Commission (SEC) charged two companies with unregistered broker activity related to EB-5…
The U.S. Department of State (DOS) has reported that it is experiencing technical problems with its visa systems, preventing it…
As previously reported, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated H-1B cap, including the 65,000 general-category cap…
The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work…
As previously reported, a lawsuit filed in the U.S. District Court for the District of Columbia, by Save Jobs USA,…
As previously reported, on April 9, 2015, the Administrative Appeals Office (AAO), which is responsible for the review of certain…
As previously reported, beginning on May 26, 2015, the U.S. Department of Homeland Security (DHS) will begin the implementation of…
The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently…
The Immigration and Nationality Act (INA) contains provisions that render individuals who are not yet U.S. Citizens inadmissible or removable…
On April 22, 2015, U.S. Citizenship and Immigration Services (USCIS) held an EB-5 Stakeholder Engagement to discuss various issues relating…
The Immigration and Nationality Act (INA) contains provisions that render individuals who are not yet U.S. Citizens inadmissible, or removable…
The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the…
All workers employed in the United States must be able to present proper documents evidencing their identity and work authorization…
On April 9, 2015, Congressman David Jolly introduced a bill in the House of Representatives titled “E-2 Visa Improvement Act…
On April 6, 2015, the Acting Principal Legal Advisor for the U.S. Immigration and Customs Enforcement (ICE) Office of the…
As previously reported, on April 7, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that it had reached the congressionally…
On April 9, 2015, the Administrative Appeals Office (AAO), which is responsible for the review of certain decisions rendered by…
On April 7, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that it has reached the congressionally mandated H-1B cap…
The L-1 (“intracompany transferee”) nonimmigrant visa classification permits multinational companies to transfer certain categories of employees from their foreign operations…
When processing immigrant visa cases subject to the Affidavit of Support Form I-864 requirement, consular posts must use the numbers…
As previously reported, on March 5, 2015 U.S. Citizenship and Immigration Services (USCIS) suspended processing of H-2B petitions for non-immigrant…
As previously-reported, on March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of…
The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), in the Civil Rights Division, is…
As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of H-2B petitions for temporary…
This is the last article in our series relating to overcoming H-1B petition challenges, which we authored in anticipation of…
The L-1 visa is for employees of multinational corporations who wish to come to the U.S. to work for a…
As previously reported, certain job positions present a particular challenge when requesting H-1B specialty occupation status from U.S. Citizenship and…
On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that, effective May 26, 2015, the…
The most common H work visa is the H-1B which is for “specialty occupations.” One of the requirements for H-1B…
On February 17, 2015, Secretary Jeh C. Johnson announced that the Department of Homeland Security (DHS) will not accept requests…
The most common H work visa is the H-1B which is for “specialty occupations.” One of the requirements for H-1B petitions…
On February 2, 2015, the Justice Department announced the launch of an educational video reminding employers that Salvadorans with Temporary…
NOTE: This article does not contain the most current information. The government is NOT accepting applications for DAPA or expanded…
The most common H work visa is the H-1B which is for “specialty occupations.” Specialty occupation means an occupation which…
The interplay between I-9 compliance and anti-discrimination regulations presents a major dilemma for employers. Generally, employers are required to accept facially-valid…
As regularly reported in the news, the crackdown on employers by the federal government continues. If your company is targeted…
A couple of recent decisions by the Office of the Chief Administrative Hearings Officer (OCAHO) demonstrate the importance of timely…
An Iranian American immigration judge has sued the U.S. Department of Justice (DOJ) after it issued an official order forcing…
An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the…
The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that…
U.S. Customs and Border Protection (CBP) recently published a general notice announcing that it will be expanding the Global Entry…
Before the U.S. Department of Homeland Security (DHS) may approve certain employment-based immigrant petitions, U.S. Department of Labor (DOL) must…
In April 2010, U.S. Citizenship and Immigration Services (USCIS) launched its Request for Evidence (RFE) Project, an initiative to review…
A growing trend in I-9 compliance is the use of electronic software to manage I-9 and E-Verify compliance responsibilities. This shift…
The REAL ID Act prohibits federal agencies, effective May 11, 2008, from accepting a state-issued driver’s license or identification card…
A “caution” is a criminal disposition in the United Kingdom that may be issued to an offender by the police…
On November 6, 2014, the American Immigration Lawyers Association (AILA) Verification and Documentation Liaison Committee met with USCIS Verification Division…
As we recently reported, on November 20, 2014, the President announced a series of executive actions broadly covering immigration law.…
In October, U.S. Citizenship & Immigration Services (USCIS) announced that it would implement the Haitian Family Reunification Parole Program (HFRPP)…
On December 5, 2014, the Executive Office for Immigration Review (EOIR) announced the appointment of Stacy Stiffel Paddack as an…
Form I-94 is the Department of Homeland Security (DHS) Arrival/Departure Record issued by the U.S. Customs and Border Protection (CBP)…
As previously reported, on November 20, 2014, the President announced a series of executive actions to crack down on illegal…
As previously reported, the Student and Exchange Visitor Program (SEVP) division of U.S. Immigration and Customs Enforcement (ICE) announced the…
On November 14, 2014, the U.S. Department of State (DOS) and the U.S. Department of Homeland Security (DHS) announced the…
The National Visa Center (NVC) has advised that, as of November 12, 2014, it will no longer require the submission…
On November 10, 2014, the U.S. Department of State (DOS) announced that starting November 12, 2014, the United States and…
If you have already undergone one I-9 audit by ICE, you may think your business is now safe and off…
U.S. Citizenship and Immigration Services (USCIS) reported that Forms I-751, Petitions to Remove the Conditions on Residence, filed with the…
On November 3, 2014, the U.S. Department of Labor (DOL) issued an alert reminding stakeholders that, as of September 30,…
The Form I-9 is used by employers to verify a new hire’s identity and to establish that the worker is…
USCIS recently issued policy guidance, published in the USCIS Policy Manual and Adjudicator’s Field Manual, related to the use of…
Earlier this year, as a result of Freedom of Information Request Act (FOIA) litigation, the U.S. Department of Labor released…
As part of a review and approval process that took place last summer, the National Archives and Records Administration (NARA)…
A permanent labor certification issued by the U.S. Department of Labor (DOL) allows an employer to hire a foreign national to…
Convictions of certain types of crimes, referred to as “aggravated felonies,” carry severe immigration consequences for foreign nationals seeking permanent…
The U.S. Supreme Court announced this month which cases it will hear in the coming year. Two of such cases…
As a reminder, employers need to be mindful when foreign national employees change from a nonimmigrant status exempt from Social…
The U.S. Department of State has published the monthly “Visa Bulletin” for November 2014. The Visa Bulletin is a government publication,…
E-Verify is the internet-based system through which employers can verify the work eligibility of new hires. Upon hiring a new employee,…
The Immigration and Nationality Act (INA) contains provisions that render a non-U.S. Citizen individual inadmissible, or removable/deportable under certain circumstances,…
Due to a recent increase in immigrant visa petitions approved by U.S. Citizenship and Immigration Services (USCIS), the National Visa…
The registration period for the 2016 Diversity Visa Program opened on Wednesday, October 1, 2014 at 12:00 noon, Eastern Daylight…
On September 26, 2014, Immigration and Customs Enforcement Student and Exchange Visitor Program (SEVP) posted draft guidance on pathway programs,…
U.S. Citizenship and Immigration Services recently alerted that on July 1, 2014, it began using blue ink for many of…
A waiver of certain criminal grounds of inadmissibility under section 212(h) of the Immigration and Nationality Act (INA) is available to…
The second preference employment based category for immigrant petitions for Indian nationals is expected to retrogress as early as November.…
When an employer becomes the subject of an enforcement audit by ICE and I-9 violations are discovered, civil fines for simple…
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…
On June 30, 2014, the Office of the Chief Administrative Hearing Officer (OCAHO), which is responsible for review of penalties…
Nonimmigrant and immigrant visa application fees for certain visa categories will change on September 12, 2014. All visa applicants must pay…
A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign national to work…
According to the U.S. Department of State, effective Saturday, August 23, 2014, the China Employment Fifth (EB-5) preference category has…
By now, many of our readers have likely seen Automated Passport Control (APC) kiosks in the passport control area of…
The Immigration and Nationality Act (INA) contains a provision making an individual inadmissible to the United States if he or…
An immigration court in New York has begun what it is calling “surge docket” proceedings for unaccompanied minors. The court, which…
On August 15, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a press release addressing humanitarian relief that may potentially…
Before an employer may file an application under the Permanent Employment Certification (PERM) process, it must test the labor market…
U.S. Customs and Border Protection (CBP) announced the release of its first mobile app this week. The app, Mobile Passport Control…
The Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) issued draft guidance clarifying issues related to the…
Nonimmigrant visa applicants often inquire about attending consular interviews in a third country. Especially for foreign nationals who travel frequently,…
As we previously reported, the U.S. Department of State Bureau of Consular Affairs has been experiencing technical problems with its…
On July 30, 2014, the Board of Alien Labor Certification Appeals (BALCA), in Matter of Symantec, decided the issue of…
Last month, President Obama stated that he would do as much as he could on his own to fix the…
Hundreds of passport workers in the UK have gone on strike, citing staff numbers and pay as the cause of…
The U.S. Department of State Bureau of Consular Affairs is currently experiencing technical problems with its passport and visa system. Consular…
As a general matter, most registered nurse (RN) positions do not qualify as H-1B specialty occupation positions because they do…
On July 17, Buchanan Ingersoll & Rooney Shareholder William Flynn talked to News Radio 970 WFLA about the influx of…
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) regularly publishes a list of documents that it will accept…
According to data obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, as of the end of June…
The U.S. Citizenship and Immigration Services (“USCIS”) has reported that a recent problem resulting in the issuance of deficient approval…
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s immigration judges conduct administrative…
The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the…
On June 27, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on evaluating claims of “extraordinary circumstances”…
The push toward immigration reform over the past year has been a long and disappointing haul. What started as an optimistic…
In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, 559 U.S. 356 (2010),…
In April 2014, the Student and Exchange Visitor Program (SEVP) division of the U.S. Immigration and Customs Enforcement (ICE) announced…
On November 5, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision reversing the denial of an adjustment…
On September 13, 2013, the Massachusetts Supreme Judicial Court (SJC), in Commonwealth v. Sylvain, held that the duty of defense…
On February 20, 2013, The U.S. Supreme Court declined to apply retroactively a 2010 ruling (Padilla v. Kentucky) that requires…
On November 21, 2012, the Florida Supreme Court, the highest court in the State of Florida, issued a decision in…