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DOL to Implement New System for PERM Prevailing Wage Requests

June 7, 2019 | Blog | By Sarah Kommineni

On June 10, 2019 the Department of Labor (DOL) will implement their new system for Applications for Prevailing Wage Determinations (Form ETA-9141).  The DOL has developed the Foreign Labor Application Gateway (FLAG) System as part of their technology modernization initiative.  The current system, iCERT, is decades old and the DOL believes it is not keeping pace with customer demands.  The DOL will continue to accept Form ETA-9141 through the current system, iCERT, until 11:59 p.m. EST on June 9, 2019.  All new Applications for Prevailing Wage Determinations must be submitted through FLAG beginning on June 10th. 
Viewpoint General

Decreased Privacy in the Visa Application Process

June 5, 2019 | Blog | By Susan Cohen

On June 1, 2019 the Department of State (DOS) announced that it would immediately begin requiring visa applicants to the United States to provide additional personal information on U.S. visa applications, including social media information, and all email addresses and phone numbers used over the prior five year period.  Up to 15 million visa applicants around the world could be affected by these new questions on the visa application forms. 
Viewpoint General

When Must an Employer Amend an Approved L-1 Visa Petition?

January 22, 2019 | Blog | By Susan Cohen

There are two relevant questions that must always be answered in considering whether or not to file an amended petition: (1) what does the law strictly require? and (2) what is the risk to the organization of not filing the amended petition?
Viewpoint General

Fall 2018 Regulatory Agenda Signals Immigration Priorities for Federal Agencies

November 15, 2018 | Blog | By William Coffman, Molly O’Malley

The Department of Homeland Security (DHS), Department of Labor (DOL), and Department of State (DOS) released their fall 2018 Regulatory Agendas. Issued twice per year (fall and spring), this notice forecasts possible regulations that may be promulgated in the coming months.
Viewpoint General
In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the fourth installment in the series. Click to read Part 1, Part 2, Part 3, and Part 4.
Viewpoint General
In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the fourth installment in the series. Click to read Part 1, Part 2, and Part 3.
Viewpoint General
In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the third installment in the series.
Viewpoint General
Employers who sponsor foreign nationals for (1) H-1B visas; (2) PERM-based permanent residence applications and (3) STEM OPT Extensions must ensure their records are in order and retain them for the required statutory time-periods.
Viewpoint General
The Trump Administration has made immigration enforcement and the restriction of immigration to the United States a high priority.

Be Prepared: DHS Site Visits on the Rise

August 31, 2018 | Blog | By Angel Feng

The Department of Homeland Security (DHS) conducts site visits at the offices of employers who petitioned or are petitioning for temporary work visas on behalf of their employees. These site visits are funded by the $500 “anti-fraud” fee that is a component of the filing fees for H-1B and L-1 petitions.
Government enforcement activities at businesses have significantly increased this year. The Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security (DHS) has already conducted 5,200 audits this year compared to 1,360 audits in all of 2017.
The tilt in this Administration towards harsh immigration measures is well known because of high profile moves like the travel bans and the separation and incarceration of parents and young children from Central America who have sought safety in the U.S.

Immigration Issues on Capitol Hill – Will Anything Get Done?

February 21, 2018 | Blog | By Barbara Chin

It appears that the Republican controlled Congress and the Trump Administration cannot get anything done on the contentious issues of immigration.

Weak Links in the Chain Migration Argument

February 20, 2018 | Blog | By Susan Cohen

The term "chain migration" is currently being used to describe a process in which one legal immigrant can generate many new admissions by sponsoring his or her relatives — each of whom, in turn, leads to even more immigrants.

Government Shutdown Ends – Is Immigration Reform on the Horizon?

January 25, 2018 | Blog | By Alexander Hecht, R. Neal Martin, Douglas Hauer

Three days into the government shutdown, Senate Majority Leader McConnell (R-KY) and Senate Minority Leader Schumer (D-NY) took to the Senate floor Monday afternoon to announce an agreement to end the impasse and reopen the government.

Potential Government Shutdown and Impact on Immigration Processes

January 23, 2018 | Blog | By William Coffman

As of 4 pm on Friday, January 19, 2018, the US Senate had not reached an agreement on the terms of a continuing resolution to keep the US government running. The US House passed a 30-day resolution on Thursday, but this must also pass the Senate and President Trump must sign it before midnight, January 19, 2018 to avoid a shutdown.

EB-5 Program Extended to January 19, 2018

December 22, 2017 | Blog | By Immigration News Team, Alexander Hecht, R. Neal Martin

With just hours to spare in order to avoid a government shutdown, the House and Senate approved on December 21 a short-term continuing resolution (CR) funding federal activities through January 19.

Two Supreme Court Orders Reinstate Trump’s Travel Ban

December 19, 2017 | Blog | By William Coffman

On Monday, December 4, 2017, the U.S. Supreme Court issued two separate, but related, orders staying lower courts’ preliminary injunctions against President Trump’s most recent travel ban (see our previous alert). The practical impact of these Supreme Court orders is that the latest travel ban reinstates President Trump’s Presidential Proclamation of September 24, 2017.
On December 1, 2017 Judge James Boasberg of the U.S. District Court for the District of Columbia granted summary judgment to the National Venture Capital Association (NVCA) in its challenge to a regulation published by the Department of Homeland Security (DHS) delaying the implementation of the International Entrepreneur Parole (IEP) Rule.
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