Immigration

Read about the Department of Homeland Security’s decision to preserve and extend Temporary Protected Status (TPS) for Syrian nationals through March 31, 2021.

This Mintz article describes how recent changes in USCIS visa processing policies may affect dependents of nonimmigrant visa holders.

Read about a new Brazilian policy that permits certain citizens of the United States, Canada, Australia, and Japan to enter Brazil without obtaining a visa prior to travel.

This alert cover a USCIS announcement that it is resuming premium processing of FY20 H-1B cap petitions.

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. 

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. 

The Trump Administration’s travel ban is not absolute. It currently prohibits entry into the United States by all immigrants and certain nonimmigrants from Iran, Libya, North Korea, Somalia, Syria, and Yemen, and also excludes specific individuals from Venezuela.[1] Anyone barred, however, may receive a waiver to enter the country provided three criteria are met.

Read about USCIS's completion of its random selection of H-1B petitions sufficient to meet both the 65,000 “regular” cap and the 20,000 exemptions for the “U.S. master’s cap.”

This alert outlines President Trump’s new immigration plan, which favors high-skilled workers and would mark a dramatic departure from the nation's existing green card system.

Read about a Department of Homeland Security announcement that it will temporarily extend temporary protected status (TPS) for nationals of Nepal and Honduras.

The North American Free Trade Agreement (NAFTA) permits qualifying Canadian citizen employees of multinational companies to apply for admission to the United States in L-1 intracompany transferee status without first obtaining USCIS approval. Until recently, U.S. Customs and Border Protection (USCBP) would review all such applications made directly at U.S. ports of entry, making no distinction between an initial application and subsequent renewal applications made by the same Canadian employee.

This alert reviews how Israeli individuals, corporations, and emerging companies may qualify for E-2 treaty investment visas and outlines considerations for potential investors.

This alert covers USCIS’s announcement that it has received enough H-1B petitions to reach its 2020 cap.

This alert covers the USCIS announcement that it is resuming Premium Processing on Tuesday, March 12, 2019 for all H-1B petitions.

This article considers the use of P-1 athlete visas as a viable option for international esports competitors.

Read about the USCIS’s plan to resume premium processing eligibility for additional H-1B petitions filed on or before December 21, 2018, starting on Tuesday, February 19.

Read about the USCIS Final Rule to Amend the H-1B Visa Lottery Process, which will enable advanced degree holders to enter the initial regular cap lottery for 65,000 visas.

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?