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 […]
Mid-March 2018 Immigration Update
Headlines: California, Sued by Dept. of Justice for ‘Sanctuary’ Laws, Continues to Resist – DOJ filed a lawsuit against the state of California, its governor, and its attorney general over several “sanctuary” laws passed by the state. State officials remained defiant. Lost in the Weed: Practitioners Warn About Potential Immigration Consequences of Marijuana Use – […]
March 2018 Immigration Update
Headlines: Supreme Court Declines Trump Administration Appeal in DACA Case – The U.S. Supreme Court let stand without comment a ruling by a federal judge to block the Trump administration’s plan to end Deferred Action for Childhood Arrivals by March 5, 2018. Supreme Court Says Certain Aliens May Be Held in Indefinite Detention, Remands Case […]
Mid-February 2018 Immigration Update
Headlines: Immigration Bills Fail in Senate, Including DACA; House Bill’s Prospects Appear Dim; Second Court Enjoins DACA Rescission – Four immigration bills failed in the U.S. Senate, and a House bill appears doomed. Also, a second court enjoined DACA rescission, with a nationwide preliminary injunction while lawsuits proceed. The decision included certain limitations. President Trump […]
February 2018 Immigration Update
Headlines: State of the Union Speech Outlines Immigration Reform Proposal; White House Releases ‘Framework’ on Immigration and Border Security – President Donald Trump outlined several immigration-related themes during his State of the Union address on January 30, 2018. Also, the Trump administration released its “Framework on Immigration Reform & Border Security” on January 25, 2018. […]
Mid-January 2018 Immigration Update
Headlines: Former DHS Secretaries Urge Congress To Act on DACA Now; Administration Begins Accepting DACA Renewal Applications – Former DHS Secretaries Michael Chertoff, Jeh Johnson, and Janet Napolitano sent a letter to Republican and Democratic congressional leaders urging swift passage of legislation to allow the 690,000 “Dreamers” under the Deferred Action for Childhood Arrivals program […]
January 2018 Immigration Update
Headlines ABIL Commentary: Threats, Opportunities for Employers in 2018 – After a tumultuous, difficult year in 2017 with respect to immigration and border issues, attorneys from the Alliance of Business Immigration Lawyers (ABIL) shared their thoughts on what employers can expect in 2018. REAL ID Act: New Security Measures Start January 22 – Starting January […]
