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Exciting news from U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) this week. The agencies announced that beginning with the visa bulletin effective October 1, 2015, USCIS will accept for filing I-485 applications to adjust status to Permanent Resident according to a separate filing date chart.
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EB-5 Update: Expansion of Issuer Liability for Crowdfunding

September 2, 2015 | Blog | By Immigration News Team

Looking ahead to expected changes by Congress in EB-5 Regional Center Program regulations, attorneys Peter Saparoff, Douglas Hauer, and John Nucci examine how existing law on liability schemes for issuers and intermediaries in an exempt crowdfunding offering might serve as a model for any future EB-5 legislation.
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Our series exploring alternatives to the H-1B continues with foreign trade and treaty visas. Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery?
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Game and Set: SEC, Love: EB-5 Investors; Match?

August 31, 2015 | Blog | By Immigration News Team

Over on Mintz Levin's EB-5 Blog, attorneys Douglas Hauer and Adam Sisitsky examine the risks to EB-5 investors who fail to properly investigate offerings. Game and set have gone to the SEC, which filed a civil lawsuit against Lobsang Dargey, a regional center owner.
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In conjunction with the redesign of the legacy e-filing system and transition to ELIS, USCIS has changed the process for paying the USCIS Immigrant Fee online. The revised payment process aims to "reduce the amount of information an immigrant must provide to USCIS."
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Mr. Chairman, I’m pleased to provide my testimony today as a follow-up to previous appearances before this committee. I’ve testified on two other occasions to explain the need for a more certain and predictable way to attract and retain the talent my company and others need—even if that means foreign talent.
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In July 2015, the White House announced a series of technology initiatives aimed at modernizing the application process for certain immigration benefits. As part of this effort, the United States Citizenship and Immigration Service (USCIS) was charged with overhauling their Electronic Immigration System (ELIS).
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Was your petition one of the estimated 148,000 not selected in this year's H-1B lottery? In a series of posts we will explore alternatives to the H-1B. The B-1 visa category traditionally permits foreign individuals to enter the U.S. for temporary, business-related activities such as meetings with U.S-based colleagues or to attend scientific or professional conferences.
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Federal Court Ruling Puts STEM OPT Extension in Jeopardy

August 17, 2015 | Blog | By William Coffman

On August 12th, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for certain extensions of F-1 Optional Practical Training (“OPT”) employment authorization.
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In our latest alert, attorney Michele Frangella discusses the September visa bulletin and movements in the employment based categories. A major retrogression for second preference (EB-2) India and mainland China born applicants occurred.
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US, Canada, and Mexico to Expand Trusted Traveler Programs

August 7, 2015 | Blog | By Danielle Lifrieri

The Department of Homeland Security (DHS), Public Safety Canada, and the Secretariat of Governance of Mexico announced the planned expansion of the existing trusted traveler programs. This expansion is the first step toward the creation of a North American Trusted Traveler network and will be rolled out at the beginning of 2016.
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EB-5 Processing Times: Continued Delays

August 6, 2015 | Blog | By Immigration News Team

On August 3, USCIS published updating processing times for EB-5 immigration benefits. The summary: it's bleak, with processing times at a year or more.
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UK Skilled Worker Cap Hit For 1st Time

July 30, 2015 | Blog | By Danielle Lifrieri

Many US employers are exploring opportunities to expand globally. Due to the English-speaking special relationship between the US and the UK, employers may first look to the UK to for international expansion.
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Check Up or Pay Up: I-9 Compliance Fines Hit CA Company

July 29, 2015 | Blog | By Lisa Shapira

On July 8, 2015, the Office of the Chief Administrative Hearing Officer (OCAHO), issued a decision finding Hartmann Studios, Inc. "liable for 808 violations of 8 U.S.C. § 1324a(a)(1)(B)", namely hiring workers in the United States without properly examining and documenting the employees' identity and immigration documents.
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"3-Year" DACA EADs Must Be Returned

July 24, 2015 | Blog | By Immigration News Team

USCIS announced that Deferred Action for Childhood Arrivals (DACA) recipients of employment authorizations documents (EAD) after February 16, 2015, with validity longer than two years, were "likely mistakenly issued and must be returned."
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USCIS Releases Final Guidance on H-1B Job Site Changes

July 23, 2015 | Blog | By William Coffman

U.S. Citizenship and Immigration Services (USCIS) released final guidance on a recent Administrative Appeals Office (AAO) decision requiring amended or new H-1B petitions for workers who change job sites.
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Mobile Passport Control Expands to SFO

July 17, 2015 | Blog | By Danielle Lifrieri

US Customs and Border Protection announced the expansion of the Mobile Passport Control Program ("MPC") to San Francisco International Airport (SFO). MPC is now available at SFO, Atlanta's Hartsfield-Jackson International Airport, Miami International Airport, Chicago O'Hare International, and Seattle-Tacoma International Airport.
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On July 14, 2015, the House Judiciary Committee met to discuss oversight of the United States Department of Homeland Security (DHS). Immigration was a major topic alongside border security and global threats of terrorism, domestic terrorism and cyber-security.
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FY2016 Cap Petition Return Complete

July 14, 2015 | Blog | By Immigration News Team

USCIS announced today, July 14, 2015, that it completed the return of  rejected fiscal year 2016 H-1B cap-subject petitions. It was previously announced on May 4, 2015, that USCIS completed data entry of all selected cap-subject petitions.
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J-1 Training Plan Updates: What Host Companies Should Know

July 8, 2015 | Blog | By Danielle Lifrieri

The Department of State issued an updated Form DS-7002, Training/ Internship Placement Plan for the Student and Exchange Visitor Information System (SEVIS), a web-based information system maintained by the Department of Homeland Security (DHS).
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