November 2015 Immigration Update
Headlines: 1. DHS Proposes Rule on Expanding F-1 STEM OPT – Among other things, the proposal would allow F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months. 2. Update on ‘Visagate’ Filing Date Fiasco: Temporary Restraining Order Denied – […]
October 2015 Immigration Update
Headlines 1. State Dept. Moves Many Filing Dates Back From Previously Released October Visa Bulletin; Lawsuit Filed – On September 24, 2015, the Department of State issued an update that supersedes the previously released October Visa Bulletin. By moving many filing dates back, the update radically changed the recently announced benefit offered by a revised […]
September 2015 Immigration Update
Headlines: 1. New L-1B Memo Addresses Some Issues, But Concerns Remain – Some practitioners expressed concerns that the memo still gives adjudicators broad discretion to issue RFEs and denials. 2. USCIS Discontinues Legacy E-Filing System – After the legacy system is decommissioned and before the new system is fully operational, applicants must use paper forms for several […]
August 2015 Immigration Update
Headlines: 1. USCIS Issues Final Guidance on When To File Amended or New H-1B Petitions After Matter of Simeio Solutions – In general, H-1B petitioners must file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition. 2. Obama Administration Moves Forward With […]
July 2015 Immigration Update
Headlines: 1. U.S. Supreme Court Decides Two Immigration Cases – The U.S. Supreme Court has decided two immigration cases with potentially far-reaching implications, Kerry v. Din and Mata v. Lynch. 2. Visa, Passport Computer Problems Mostly Resolved – Among other things, the problems caused delays at the U.S.-Mexico border with seasonal workers being unable […]
June 2015 Immigration Update
Headlines: 1. USCIS Suspends Premium Processing Until July 27 for Extension of Stay H-1B Petitions; New Form In Effect – USCIS said this temporary suspension will allow the agency to implement its final rule on employment authorization for certain H-4 spouses in a timely manner. 2. USCIS Releases Revised I-765 Application for Employment Authorization –The revised […]
May 2015 Immigration Update
Headlines: 1. H-1B Premium Processing Has Begun – On April 27, 2015, USCIS began premium processing for cap-subject H-1B petitions requesting it, and for petitions seeking an exemption from the H-1B cap for individuals with a U.S. master’s degree or higher. 2. Senators Seek Multi-Agency H-1B Program Investigation – The senators expressed concerns about U.S. […]
April 2015 Immigration Update
Headlines: 1. Reminder: File H-1B Petitions Early! – USCIS said it expects to receive more petitions than the H-1B cap during the first five business days of this year’s program, which began on April 1. 2. USCIS Updates L-1B ‘Specialized Knowledge’ Guidance – The memo provides guidance on how L-1B petitioners may demonstrate that an employee has […]
March 2015 Immigration Update
Headlines: 1. Court Blocks Expanded DACA, DAPA; Obama Administration Appeals – The blocked programs include an expansion of Deferred Action for Childhood Arrivals, which had been set to start in February, and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), which was scheduled to begin in May. 2. DHS Extends […]
February 2015 Immigration Update
Headlines: 1. DHS Considers ‘Known Employer’ Program To Aid Business Travel Р DHS expects to launch a pilot by late 2015 to test the program. 2. HHS Updates Poverty Guidelines Р Among other things, the poverty guidelines are used in determining minimum income requirements for Form I-864, Affidavit of Support, and Form […]
December 2014 Immigration Update
Headlines: 1. Obama Takes Executive Action on Immigration – Shortly after the mid-term elections, President Barack Obama initiated several executive actions on immigration. 2. Labor Dept. To Modernize PERM Recruitment and Application Requirements – DOL will review the PERM program and relevant regulations with a goal of updating them. 3. Labor Dept. Establishes Interagency Working Group on […]
November 2014 Immigration Update
Headlines: 1. Labor Cert News: Atlanta NPC No Longer Forwarding to BALCA All PERM Requests for Reconsideration; Statistical Updates for FY 2014 Q4; H-1B Legacy Docs No Longer Available – The Department of Labor’s Office of Foreign Labor Certification (OFLC) recently announced news on several topics. 2. U.S. Court of Appeals for D.C. Circuit Reverses District […]
October 2014 Immigration Update
Headlines: 1. State Dept. Releases Instructions on Applying for DV-2016 Program – Entries for the DV-2016 DV program must be submitted electronically by noon EST (GMT-5), Monday, November 3, 2014. 2. USCIS Announces New Secure Blue Ink for Many Stamps – USCIS said employers should be aware of this recent change in secure ink color when examining […]
September 2014 Immigration Update
Headlines: 1. DOS Announces Major Developments in Availability of China EB-5 Visa Numbers – Effective immediately, the EB-5 category is “unavailable” for investors born in China. Visa numbers will become available again when the new federal fiscal year starts on October 1, 2014. 2. DOS Changes Fees for Visa and Citizenship Services – DOS is amending […]
August 2014 Immigration Update
Headlines 1. Consular Visa/Passport System Crashes – The Department of State’s Consular Consolidated Database, used to print and approve visas and passports, has been having significant problems, including outages. Backlogs have ensued. 2. August Visa Bulletin Shows Advances in China and ‘Other Workers’ EB-3 Preference Categories, India EB-2 Preference – Cut-off dates for the China-mainland born employment […]
July 2014 Immigration Update
Headlines: 1. White House Announces Response to Increase in Unaccompanied Children, Families -On June 20, 2014, President Obama announced that he will take administrative action to correct parts of our broken immigration system. In the meantime the President directed the start of a government-wide response to an increase in unaccompanied children entering the United States […]
June 2014 Immigration Update
Headlines: 1. OCAHO Launches E-Filing Pilot, Rules That E-Verify Participation Does Not Provide Blanket Protection – OCAHO has launched a voluntary pilot program to test an electronic filing system in certain cases. Also, an employer argued that participation in E-Verify entitled it to a presumption that it had not violated the law, but OCAHO ruled that […]
May 2014 Immigration Update
Headlines: 1. USCIS Holds Stakeholder Call on L-1A Site Visits – The L-1 inspection program is being phased in and may be extended to initial petitions and/or L-1Bs in the future. 2. USCIS H-1B Premium Processing Has Begun for FY 2015 Petitions – On April 28, 2014, USCIS began premium processing for H-1B petitions subject to the […]
April 2014 Immigration Update
Headlines 1. File H-1B Petitions for FY 2015 Now! – USCIS anticipates receiving more than enough petitions to reach both caps by April 7. 2. USCIS, Healthcare.gov Provide Highlights of Immigration Status Effects on ACA Eligibility – Immigration status can affect eligibility for health care benefits under the Affordable Care Act. 3. USCIS Holds Teleconference With EB-5 […]
March 2014 Immigration Update
Headlines: 1. State Dept. Announces J-1 On-Site Inspections – DOS plans to conduct on-site inspections of J-1 internships and training programs. 2. State Dept. Predicts Visa Availability in the Coming Months; Visa Bulletin Moved – The Department of State’s Visa Office has estimated visa availability in the coming months. Also, DOS has reorganized its website, moving […]
