November 2018 Global Immigration Update
Feature Article DATA PROTECTION IN INDIA: AN OVERVIEW – This article provides an overview of data protection in India. Country Updates CANADA – Canada has expanded biometric information collection for foreign nationals. HONG KONG – A landmark decision by Hong Kong’s highest court means that same-sex spouses and partners may now receive dependent visas. ITALY […]
Mid-November 2018 Immigration Update
Headlines: University of California Wins Preliminary Injunction in DACA Ninth Circuit Appeal – The court said that the rescission of DACA was based “solely on a misconceived view of the law” and is reviewable, and that plaintiffs are likely to succeed on their claim that it must be set aside. Trump Administration Bars Certain Asylum […]
November 2018 Immigration Update
Headlines: Lawsuit Challenges New USCIS Policy on ‘Unlawful Presence’ for Foreign Students and Exchange Visitors – Several institutions of higher education have challenged a recently announced Trump administration policy, effective August 9, 2018, changing the calculation of the number of days of “unlawful presence” for nonimmigrant foreign students. E-Verify Reminds Employers Not to Terminate Employees […]
Mid-October 2018 Immigration Update
Headlines: F-1 ‘Cap-Gap’ Status, Work Authorization Extension No Longer Valid as of October 1 – USCIS reminded F-1 students who have an H-1B petition that remained pending on October 1, 2018, that they risk accruing unlawful presence if they continue to work on or after October 1 (unless otherwise authorized to continue employment) because their […]
October 2018 Immigration Update
Headlines: DHS Announces Controversial Proposed Rule on Changes to Public Charge Definition – DHS has announced that it will soon publish a controversial proposed rule that would make it much more difficult for many who have lower incomes or less education, or who have received public benefits, to become permanent residents. USCIS Proposes Change in […]
Mid-September 2018 Immigration Update
Headlines: USCIS Now Accepting Copies of Negative O Visa Consultations Directly from Labor Unions – USCIS has begun accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request. USCIS Changes Filing Location for Petition to Remove Conditions on Residence – Petitioners must send Form […]
September 2018 Immigration Update
Headlines: State Dept. Announces Oversubscription of September Employment-Based Second and Third Preference Categories – The Department of State’s Visa Bulletin for September 2018 announced oversubscription of employment-based visa numbers in several categories. USCIS Extends, Expands Suspension of Premium Processing for Certain H-1B Petitions; Increases Premium Processing Fee – USCIS announced that it is extending the […]
August 2018 Global Immigration Update
Feature Article VISA WAIVER PROGRAMS: AN OVERVIEW – This article provides an overview of visa waiver programs in several countries. Country Updates AUSTRALIA – Australia has implemented the Temporary Skills Shortage visa and employer nomination sponsored visas. HONG KONG – This article provides an overview of the acquisition of Chinese nationality in the Hong Kong […]
Mid-August 2018 Immigration Update
Headlines: Controversial DHS Draft Rule Proposes Changes to Public Charge Definition – A controversial Department of Homeland Security (DHS) draft rule leaked to the media would make more immigrants inadmissible or deportable for receiving public benefits. EB-1 Green Cards Backlogged Worldwide – The worldwide backlog for EB-1 visas is expected to continue through at least […]
August 2018 Immigration Update
Headlines: State Dept. Announces Oversubscription of August Employment-Based Preference Categories, Limits on Special Immigrant Translator Visa Availability – The Department of State’s Visa Bulletin for the month of August 2018 includes announcements about employment visa availability. USCIS Postpones Implementation of Memorandum on Notices to Appear – USCIS announced that issuance of operational guidance is pending […]
Mid-July 2018 Immigration Update
Supreme Court Upholds Latest Trump Entry Ban – On June 26, 2018, the U.S. Supreme Court upheld 5-4 the Trump administration’s third travel ban order. The ban prevents the entry into the United States of certain nationals from specific countries, with some exceptions. USCIS Updates Notice to Appear Policy Guidance to ‘Support DHS Enforcement Priorities’ […]
July 2018 Immigration Update
USCIS Recalls 800 Incorrectly Printed Employment Authorization Documents – USCIS said the cards contain a production error that transposed the first and last names of the individuals receiving the EADs. ICE/SEVP Warns Students About Volunteer Positions – SEVP warned that reporting non-qualifying volunteer opportunities as OPT employment will be deemed a violation of reporting requirements […]
Mid-June 2018 Immigration Update
Lottery Has Begun for Increased H-2B Petitions – USCIS began accepting H-2B petitions under the temporary final rule increasing the numerical limit, or cap, on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of FY 2018. Labor Dept. Adds Time Received to Receipt Date for Review of H-2B Temporary Labor Certification […]
June 2018 Global Immigration Update
Feature Article CITIZENSHIP: AN OVERVIEW – This article provides an overview in Q&A format of citizenship issues in several countries. Country Updates HONG KONG – This article discusses expatriation issues in Hong Kong; explains the rationale behind some U.S. citizens’ decision to migrate to Hong Kong and, in some cases, renounce their U.S. citizenship; provides […]
June 2018 Immigration Update
Headlines: DHS Announces Additional 15,000 H-2B Temporary Nonagricultural Worker Visas for FY 2018 – Secretary Nielsen said there are not enough qualified, U.S. workers available to perform temporary nonagricultural labor to satisfy the needs of U.S. businesses in FY 2018. This allocation is in addition to the 66,000 visas already issued this year. DHS Proposes […]
Mid-May 2018 Immigration Update
Headlines: Seven States Sue to End DACA; NAACP Declares Victory in Another DACA Decision – A lawsuit claims that the 2012 executive action creating DACA was unlawful, and seeks declaratory and injunctive relief; NAACP celebrates another DACA decision. USCIS Issues New Policy on Accrual of Unlawful Presence for F, J, M Nonimmigrants – The new […]
May 2018 Immigration Update
Headlines: USCIS Plans to Revise Definition of Specialty Occupation, Employment, Employer-Employee Relationship, Among Other Actions – The letter does not specify how these definitions will be revised or when the proposed regulations will be issued. Gorsuch Votes Against Trump Administration in Deportation Case; DHS, ICE Issue Statements – U.S. Supreme Court Justice Neil Gorsuch voted […]
Mid-April 2018 Immigration Update
Headlines: Attorney General Orders ‘Zero Tolerance’ Policy for Improper Entries at Southwest Border; President Issues Memo on ‘Catch and Release‘ – Attorney General Jeff Sessions directed federal prosecutors along the southwest border of the United States to adopt immediately a “zero-tolerance policy.” Later the same day, President Donald Trump issued a memorandum on “catch and […]
April 2018 Immigration Update
Headlines: USCIS To Begin Accepting FY 2019 H-1B Cap-Subject Petitions April 2, Suspends Premium Processing – Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the FY 2019 cap. USCIS said it will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a […]
H-1B Tips for Employers
On April 2, employers can start filing H-1B temporary visa petitions for foreign professionals for work starting October 1, 2018. The law limits new H-1B visa numbers to 85,000 a year. Because many more employers than that are likely to file petitions, U.S. Citizenship and Immigration Services (USCIS) will receive applications for one week and […]
