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From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases, legislation, and regulations to look out for in the new year. In our second post we will discuss regulatory issues with OPT.
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From proposals to slash the H-1B cap to overhauling the EB-5 investor program, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases, legislation, and regulations to look out for in the new year.
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CBP releases FAQ on Visa Waiver Program: Rule Changes

January 25, 2016 | Blog | By Danielle Lifrieri

On December 18, 2015, President Obama signed the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015” into law. On January 21, 2016, the Department of Homeland Security (DHS) and Department of State (DOS) began implementing changes to the Visa Waiver Program ("VWP”).
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2nd Circuit Court Requires I-140 Revocation Notice: Analysis

January 21, 2016 | Blog | By William Coffman

On December 30, 2015, the US Court of Appeals for the 2nd Circuit ruled that US Citizenship and Immigration Services (USCIS) must notify either the beneficiary of an approved I-140 or successor employer, of any intent to revoke the petition prior to revocation (Mantena v. Johnson, Docket No. 14-2476-cv, (2nd Cir., Dec. 30, 2015)).
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Supreme Court will hear DACA/ DAPA Appeal

January 19, 2016 | Blog | By Immigration News Team

The Supreme Court will hear the Obama administration's appeal of the 5th Circuit Court's decision to uphold the nationwide injunction of the expansion of Deferred Action for Children (DACA) and implementation of Deferred Action for Parents of Americans (DAPA) set by federal Judge Andrew Hanen in Texas.
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Canada Mandates New Electronic Travel Authorization Program

January 19, 2016 | Blog | By Danielle Lifrieri, Immigration News Team

Canada has mandated registration in a new electronic travel authorization program ("eTA") for many individuals who do not require visas to travel to Canada. Introduced in August 2015, the program becomes mandatory for many visa-exempt individuals traveling to Canada by air on or after March 15, 2016.
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This is part 2 of our analysis of the proposed rule published by DHS on December 30, 2015, addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants.
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On December 31st, the Department of Homeland Security issued a proposed rule addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants.
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Law 360's Top Immigration Cases of 2015: SEC Enforcement in EB-5

December 18, 2015 | Blog | By Immigration News Team, Douglas Hauer

The U.S. Securities and Exchange Commission launched several suits in 2015 over alleged fraud in connection with the EB-5 program... "I think that it's no coincidence that timed right with the legislative changes, we're seeing USCIS and the SEC focus more and more on enforcement, and on ensuring that the EB-5 program has integrity," said Douglas Hauer
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The recent attacks in Paris and San Bernardino are going to result in increased security checks for visa applicants at U.S. consular posts. We also anticipate Congress to at least review the Visa Waiver Program for potential changes, based on President Obama’s address to the nation.
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Why E-2s Are An Excellent Option

December 3, 2015 | Blog | By Douglas Hauer

On a panel recently at a conference sponsored by the American Immigration Lawyers (AILA) Conference in London, I was asked why I might advise a client to file an E-2 visa application instead of seeking an L-1 visa. The answer is simple.
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On Tuesday, December 1, the U.S. Supreme Court handed the Obama administration a "small procedural vactory" and refused the request of Texas and other states for a 30-day extension to file briefs in support of the lawsuit blocking the Obama administration's immigration executive action on DACA and DAPA.
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Australia Border "SmartGate" Program Expands to US Citizens

December 2, 2015 | Blog | By Danielle Lifrieri, Immigration News Team

USCBP announced today, December 2, that Australia has expanded its trusted traveler program "SmartGate" to U.S. Citizens with ePassports. Previously the country had limited access to SmartGates to Global Entry card holders.
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On November 9, 2015, the United States Court of Appeals for the Fifth Circuit issued their 124 page decision upholding a nation-wide injunction of the Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”). Based on the 5th Circuit decision, the 2012 DACA program remains intact, however the 2014 expansions are enjoined.
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U.S. Department of State Ending Extra Passport Pages Practice

November 20, 2015 | Blog | By Immigration News Team

The State Department announced Thursday (November 19) that it is ending the practice of adding additional pages in passports for security reasons, beginning January 1, 2016. Previously, U.S. passport holders had the option of paying for a 24-page insertion to provide more room for visas, entry, and exit stamps.
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E-2 Visas May be Available to Israelis by end of 2015

November 16, 2015 | Blog | By Douglas Hauer

On June 11, 2012, President Obama signed legislation that would add Israel to the list of countries eligible for nonimmigrant E-2 treaty investor visas. This was a substantial positive development in the creation of stronger commercial ties between the United States and Israel.
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What do Facebook, YouTube and Twitter have in common? The U.S. Embassy in Tel Aviv is using all three to reach visa applicants. The goal is to educate the public in Israel about the visa process.
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USCIS updated its online list of terminated EB-5 regional centers on October 22, 2015. In the coming two months, regional centers are required to comply with the requirement to file their Forms I-924A in order to update USCIS on relevant job creating activity over the past year.
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The SEC filed a civil action against against EB5 Asset Manager, LLC and its owner Lin Zhong in the United States District Court of Southern Florida on November 3, 2015. Read more about this case and analysis from our EB-5 Team on the Mintz Levin EB-5 Matters Blog.
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Fifty years ago, President Lyndon B. Johnson gave Representative Michael Feighan (D-OH) his famous “Johnson Treatment”—using his intimidating physicality to persuade—on Air Force One. Feighan, Chairman of the House Immigration Subcommittee, had allied with conservatives on Johnson’s immigration reform bill, refusing to hold any hearings.
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