April 2016 Immigration Update
Headlines: USCIS Finalizes Guidance on ‘Same or Similar’ Occupations and Job Portability ā USCIS has finalized guidance on determining whether a new job is in the “same or similar” occupational classification with respect to job portability. USCIS Reaches H-2B Cap for First Half of FY 2016 ā USCIS announced it has received a sufficient number […]
Mid-March 2016 Immigration Update
Headlines: DHS Issues Final Rule Amending F-1 Regs, Breaks Record for Public Comments ā DHS published a final rule amending regulations to expand optional practical training (OPT) for students with U.S. degrees in science, technology, engineering, or mathematics (STEM) and create new obligations for F-1 students and F-1 employers starting May 10, 2016. Reminder: USCIS […]
March 2016 Immigration Update
Headlines: DHS Implements VWP Changes in Response to Terrorism Concerns, Announces Further VWP Travel Restrictions ā In January, the United States began implementing changes to the Visa Waiver Program (VWP) under a new law. Travelers in several categories are no longer eligible to travel or be admitted to the United States under the VWP. DHS […]
Quarterly Global Immigration Update – February 2016
Feature Article: Ā SECURITY MEASURES: AN OVERVIEW ā This article provides an overview of recent immigration developments in security measures in several countries implemented in response to terror attacks and related concerns. Country Updates: BELGIUM ā Belgium sets new 2016 salary thresholds for some fast track work permits B and the Blue Card. BRAZIL ā A […]
Mid-February 2016 Immigration Update
Headlines: U.S. Implements VWP Changes in Response to Terrorism Concerns ā Under the new āVisa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015,ā travelers in several categories are no longer eligible to travel or be admitted to the United States under the VWP. USCIS Advises Employers To Identify Returning Workers Who Are Exempt […]
February 2016 Immigration Update
Headlines: DHS Revises Regs on H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants ā DHS said the final rule does not impose any additional costs on employers, workers, or any governmental entity. Court Delays STEM OPT Ruling, Preserving Current STEM OPT Program ā DHS persuaded the court that it was working diligently to evaluate more […]
Mid-January 2016 Immigration Update
Headlines: House Holds Oversight Hearings on USCIS, EOIR ā Leon Rodriguez, USCIS Director, testified at the USCIS hearing. Juan Osuna, EOIR Director, testified at the EOIR hearing. Visa Bulletin Notes Statistics on Applicants in Limited Immigrant Categories for Consular Processing ā The Department of State’s Visa Bulletin for February 2016 notes that the National Visa […]
Cyrus Mehta Brings On David Isaacson and Cora-Ann Pestaina as Partners
Cyrus D. Mehta & Partners, PLLC, formerly known as Cyrus D. Mehta & Associates, P.L.L.C., announces that David A. Isaacson and Cora-Ann V. Pestaina have become partners in the firm. David A. Isaacsonās practice includes a variety of family-based and employment-based applications for both nonimmigrant visas and permanent residence, as well as waivers, naturalization and […]
January 2016 Immigration Update
Headlines: Ā 1. USCIS Seeks Comments on Proposed Rule to Change Certain Employment-Based Visa Programs ā USCIS seeks public comments on a proposed rule published on December 31, 2015, “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” that would change certain aspects of employment-based visa programs. Ā 2. […]
December 2015 Immigration Update
Headlines: USCIS Adds 16 Countries to H-2A/H-2B Visa ProgramsĀ – The countries being added in January are Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan, and Timor-Leste. Moldova will no longer be designated as an eligible country to participate in the H-2B program because Moldova is not meeting […]
November 2015 Immigration Update
Ā Headlines: Ā 1. DHS Proposes Rule on Expanding F-1 STEM OPTĀ – 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. Ā 2. Update on ‘Visagate’ Filing Date Fiasco: Temporary Restraining Order DeniedĀ – […]
October 2015 Immigration Update
Ā Headlines 1. State Dept. Moves Many Filing Dates Back From Previously Released October Visa Bulletin; Lawsuit FiledĀ – 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
Ā Headlines: 1.Ā Ā 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.Ā USCIS Discontinues Legacy E-Filing SystemĀ – 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.Ā USCIS Issues Final Guidance on When To File Amended or New H-1B Petitions After Matter of Simeio SolutionsĀ – 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
Ā Headlines: Ā 1. U.S. Supreme Court Decides Two Immigration CasesĀ – 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 ResolvedĀ – 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 EffectĀ – 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
Ā Headlines: Ā 1. H-1B Premium Processing Has BegunĀ – 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 InvestigationĀ – The senators expressed concerns about U.S. […]
April 2015 Immigration Update
Headlines: 1. Reminder: File H-1B Petitions Early!Ā – 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’ GuidanceĀ – The memo provides guidance on how L-1B petitioners may demonstrate that an employee has […]
March 2015 Immigration Update
Ā Headlines: Ā 1. Court Blocks Expanded DACA, DAPA; Obama Administration AppealsĀ – 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. Ā 2. DHS Extends […]
