Immigration

This alert reviews USCIS’s requirements for Form I-9 — required for all new hires in the United States — and the special challenges that completing the form poses in light of the spread of the coronavirus, COVID-19.

Read about updated CDC and DOS travel guidance for Iran, Italy, China, South Korea, Japan, and Hong Kong and President Trump's entry ban for foreign nationals who have been in Iran within 14 days.

Read about New York State’s federal lawsuit against DHS and CBP for the Trump Administration's recent ban on Global Entry enrollments and renewals for New York residents.

The Trump administration has introduced a number of new rules, regulations, and policies intended to maximize efficiency within the EOIR. Employers, legal counsel, and any individual in immigration court proceedings should be aware of these updates, due to their potentially adverse impact on the independence of immigration judges and respondents’ due process rights as they navigate the legal system.

Read an update on DHS’s suspension of Trusted Traveler Programs for NY State residents due to NY’s Green Light Law allowing DMVs to issue licenses regardless of an applicant's immigration status.

This alert covers recent State Department and US Consulate notices regarding restrictions on entry into the US related to the spread of the coronavirus.

Read about DHS’s suspension of Trusted Traveler Programs enrollment for NY State residents due to NY’s Green Light Law allowing DMVs to issue licenses regardless of an applicant's immigration status.

This alert discusses DHS’s implementation of its new public charge rule and USCIS’s announcement that updated forms will be required for petitions and applications filed on or after February 24, 2020

Read about the administration's temporary suspension, effective Feb. 2, of the entry of non-US citizens or permanent residents who have been in China, excluding Hong Kong and Macau, during the prior 14 days.

This immigration alert provides details on a proclamation from President Trump extending the travel ban as well as an announcement that the United States is temporarily suspending the entry of foreign nationals who have been in China.

On January 24, 2020 the US Department of State published a rule that amends part of the regulations governing the issuance of “B” visitor visas. This regulatory amendment now establishes a rebuttable presumption that an applicant for a “B” visitor visa, who a consular officer believes will give birth during her visit to the US, is applying for the visa and traveling to the US for the primary purpose of securing US citizenship for the child.

The United States Department of State (DOS) recently made a number of significant changes to visa “reciprocity” tables.  Reciprocity involves either additional fees, or shorter validity periods (or both) for visa applicants from certain countries and for certain visa classifications.

If a permanent resident plans to become a U.S. citizen, he or she should be aware that certain behaviors could have an adverse affect. The Immigration and Nationality Act lists establishing Good Moral Character as a requirement for naturalization. There are some crimes which, if a person has been convicted of at any time during his or her life, disqualifies him or her from becoming a U.S. Citizen.

This memorandum serves as a guide to employers who are hiring or continuing to employ foreign national employees in temporary work status.  It is important to note that employers cannot ask employees or candidates for a specific document during the I-9 process. However, if an individual has questions about which documents they should provide to document their identity and work authorization, this memo will help you to discuss the options that they have to provide valid I-9 documentation.

Foreign nationals applying for a visa stamp at a U.S. Consulate or Embassy abroad must complete and submit the online Form DS-160 before scheduling the visa interview. Each foreign national (including dependents) seeking a visa stamp must complete a Form DS-160. The consular officer at the U.S. Embassy or Consulate will use the information entered on the DS-160 to process the visa application, combined with a personal interview and review of the applicant’s social media accounts, to determine eligibility for a nonimmigrant visa.

This memorandum provides guidance on the process of entering the United States in nonimmigrant status; obtaining your I-94 admission record; and confirming admission in the proper status.

You are required to notify immigration authorities when you change your address.  The law specifies that within 10 days of moving, you are required to report your change of address to USCIS by filing a Form AR-11 online.  Compliance with this rule is a condition of your stay in the United States.  Failure to comply could have severe consequences on your ability to obtain a future visa or other immigration benefits.

Individuals who hold H-1B and L-1 nonimmigrant status need to be aware of their “max-out” date – the date by which they will no longer be eligible for that visa status.  These visa classifications have a fixed limit on how long a person may stay in the United States.  H-1B and L-1 visa holders should plan well in advance of their max-out date in order to ensure that they can remain in the United States without interruption.

The Department of State’s Visa Waiver Program (VWP) allows citizens of designated countries to travel to the United States as a visitor for business or pleasure for up to 90 days, without requiring a visa. Individuals who wish to travel to the U.S. on VWP must have a valid ESTA approval.

In order to apply for a new nonimmigrant visa, with limited exceptions, an individual must attend an interview at a U.S. Consular Post abroad. The U.S. Department of State conducts extensive background checks on all applicants before issuing visas. If the Consular officer conducting the interview cannot immediately establish eligibility for the visa, the application may be placed in administrative processing during which the application will undergo further review.