Immigration

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?

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.

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."

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.

Fiscal year 2016 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2015. However, as October 1, 2015 approaches, many cap-subject H-1B petitions remain pending at both the California and Vermont Service Centers.

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).

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.

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.

On Wednesday, August 12, 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.

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.

Today, the Department of State (DOS) released the last visa bulletin for the 2015 fiscal year. Notably, major retrogressions are seen in the employment-based second preference category (EB-2) for both India and China. The EB-2 India category has retrogressed from October 1, 2008 to January 1, 2006.

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.

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.

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.

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.

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."

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.

On Tuesday July 21, 2015, 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.

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.

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.