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In another example of increased restriction on the rights of non-U.S. Citizens, on Thursday, April 27, the Department of Homeland Security (“DHS”) published a policy memorandum limiting the privacy rights of immigrants and foreign nationals under the Federal Privacy Act of 1974.
Following our recent seminars on what to expect in the world of immigration law and compliance in 2017, we invite you to delve deeper into I-9 compliance, E-Verify compliance, and employment-based immigration compliance. During this three-part webinar series, we will aim to arm employers with best practices and tools regarding compliance in key areas of immigration law.
USCIS announced on April 7, 2017, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption, also known as the master’s cap.

FAQs for Entering the U.S.—Entry Inspection and Electronic Devices

April 6, 2017 | Blog | By William Coffman, Cassie Ramos

All individuals entering the U.S. at international ports of entry are inspected by US Customs & Border Protection (CBP).  This occurs at either the arrival airport in the U.S., Pre-Flight Inspection if flying from most Canadian airports, or border crossings into the U.S. from either Canada or Mexico.
A new travel restriction went into effect at 3:00 am EST on Tuesday barring passengers on foreign airlines coming to the United States from carrying electronic devices larger than a cellphone.

New Trump Executive Order Stopped!

March 16, 2017 | Blog | By Immigration News Team

Just hours before President Trump’s new Executive Order or “Muslim Travel Ban” was to become effective, U.S. District Judge Derrick Watson in Hawaii issued a Temporary Restraining Order to stop the ban from being implemented on a national basis.
On March 6, 2017, President Trump signed a new Executive Order (“EO”), Protecting the Nation from Terrorist Attacks by Foreign Nationals, revoking the prior EO 13679 signed on January 27, 2017.
The European Commission is being urged to require U.S. citizens to obtain visas for travel to Europe in an effort to obtain full visa waiver reciprocity for all European Union (EU) nations.

Appellate Court Rejects Effort to Reinstate Travel Ban

February 10, 2017 | Blog | By Immigration News Team

On February 9, 2017, a three-judge panel of the U.S. 9th Circuit Court of Appeals ruled unanimously against the Government’s emergency motion to stay the District Court’s Temporary Restraining Order (the “TRO”) halting the implementation of major portions of President Trump’s January 27th Executive Order. (See our previous alerts on the order here).
At the end of the 2016 calendar year, the Administrative Appeals Office (AAO) published a welcome precedent decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).
Update -  NEW BOSTON EVENT DATE: Due to safety concerns surrounding the recent snow storm, Mintz Levin rescheduled the Boston Immigration Seminar to Thursday, March 2. To register, please click here or see below. We hope you can join us!
In light of the general unavailability of H-1B visas due to the limited and inadequate H-1B visa quota, it is more important than ever that U.S. employers and highly skilled foreign nationals be able to take maximum advantage of exemptions from the quota.
Our Section Chair, Susan Cohen, has been quoted in an analytical piece by Zosha Millman, editor of The Lexblog Network, examining the impact of last week’s presidential election result on the Deferred Action for Childhood Arrivals initiative.
The UK Home Office has announced plans to offer an optional premium service for requests made through the Sponsor Management System (SMS). This service will allow Sponsors to pay a fee of £200 for expedited processing of certain types of requests including Certificate of Sponsorship allocation and Level 1 user appointment.
Partner Douglas Hauer on our sister blog, EB-5 Financing Matters, provides an update on EB-5 authorization as part of a pending Continuing Resolution. This afternoon, a draft of the Continuing Resolution (CR) began circulating in Washington, DC. The CR, which Congress will likely pass early next week, will keep the federal government running through the November election.
Practice Chair, Susan Cohen was quoted in the Law360 article, Rule for Foreign Startup Founders Seen as Helpful Stopgap in which she explains the nuances of the UCIS’s proposed entrepreneur rule, which will allow immigrant startup founders to temporarily stay in the U.S.

Back to Work from Travel Abroad? Check Your Form I-94!

September 6, 2016 | Blog | By Angel Feng

As foreign national employees come back from summer vacations and travel abroad, one of the most overlooked immigration documents and pitfalls is Form I-94.
Today USCIS released the text of a proposed rule to be published in the Federal Register shortly, that provides temporary immigration relief to qualifying foreign entrepreneurs whose presence in the U.S. would be a public benefit to the country.

Lawsuits Question Procedure and Substance of H-1B Lottery

August 22, 2016 | Blog | By Cassie Ramos

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa lottery process.
As a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, higher immigration fines and penalties will go into effect on August 1, 2016.
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