Immigration

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.

As of April 1, 2016, United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for Fiscal Year 2017 (FY2017). Upon approval, petitions for FY2017 will allow foreign nationals to work for petitioning employers as of October 1, 2016.

One of the major immigration developments for 2016 is a proposed rule from the Department of Homeland Security (DHS) that would allow certain F-1 students to extend their period of “optional practical training” (OPT) if they have degrees in science, technology, engineering or math (STEM) from US schools.

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”).

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)).

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.

On Friday, January 15, 2016, the Department of Homeland Security (DHS) posted to the Federal Register the final rule revising regulations affecting highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile, Singapore (H-1B1), and Australia (E-3), among other nonimmigrant and immigrant categories.

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.

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.

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.

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

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.

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.

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.

It’s never too early to begin preparing for H-1B cap filings! This alert is a reminder of the April 1, 2016 deadline for the filing of H-1B visa petitions for Fiscal Year 2017. Petitions for the new fiscal year, which will be effective starting on or after October 1, 2016, will be accepted by the government beginning April 1, 2016.

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.

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.

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.

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.

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.