DHS Issues Final Rule Modifying H-1B Cap Lottery with Selection Based on Wage Level
On January 8, 2021, a new rule was published by the Department of Homeland Security which significantly impacts the H-1B visa lottery process.
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Fredrikson & Byron’s Immigration Group offers complete services in all areas of immigration law, with special emphasis on business, arts and family immigration.
Employment & Labor
Latin America Practice
International
China Practice
The lawyers in the Immigration Group are experienced practitioners, many of whom speak frequently at national and international conferences in their areas of expertise as well as volunteer their time for various immigrant organizations. All of the individuals currently working in the Immigration Group share a common philosophy of wanting to provide the best, most personal representation available. Members of the Immigration and International Groups are fluent in written and spoken English, Spanish, French, German, Chinese, and Vietnamese.
We offer counsel on the following immigrant-related areas: Artists, Entertainers and Athletes; Deportations and Removal; Employment/Temporary; Employment/ Permanent; Expatriates; Family Immigration; Foreign Students; I-9 Compliance for U.S. Employers; Lottery; Naturalization; and Refugees and Asylees.
Employment-based immigration is divided into the following five preference categories:
Through contacts developed out of our Mexico and China offices, as well as our affiliates throughout the world, we are able to advise our clients on consular visa processing issues, which have become progressively more complex in recent years. Obtaining H-1B or L-1 approvals from CIS is only the first step for foreign workers entering the U.S. from abroad. Being able to provide critical and timely information on visa processing is a vital service that many smaller practitioners cannot provide.
Through our close membership in the 20-firm Alliance of Business Immigration Lawyers (www.abil.com) we have developed a private consortium of immigration attorneys in forty-six countries world-wide. Much more than a network, we work hand in hand with these attorneys in a cooperative effort to obtain visas for our multi-national corporate clients’ employees coming from or to any part of the world. We meet and collaborate with these foreign-licensed attorneys on a regular basis, making them a part of our immigration team in bringing favorable results to our clients. A select group of attorneys from this alliance have been invited to join ABIL Global, which is a team of attorneys we collaborate with even more closely and whom we give preferred provider status. For more see http://www.abil.com/global_immigration.cfm.
As most of us are by now very well aware, all employers in the U.S. are required to have their employees fill out I-9 forms indicating eligibility to work. These documents should be carefully filled out and maintained by the employer in case the USCIS ever decides to audit the employer’s records. There are severe penalties for both technical and willful I-9 violations, so it is essential that employers thoroughly understand the I-9 process, especially as there are many different types of documents that can be provided by foreign nationals to establish work eligibility. It should be noted that even if employers do not hire a single foreign worker, they can be fined for serious technical I-9 violations. Further, employers have to take care that they do not discriminate against individuals on the basis of their nationality by asking for documentation that is not required. Employers have to walk a fine line between avoiding penalties for failure to properly document all of their hires and penalties for discrimination against foreign nationals.
We have assisted our corporate clients in navigating audits by the Department of Labor and the USCIS. Employers can be assessed serious fines and penalties for failure to comply with immigration regulations, and we carefully ensure that companies’ compliance files (for H-1B’s and labor certifications) are in good order should an audit ever occur.
This is a unique area of immigration law with special visa types which require unique strategies. Laura Danielson is known on a national level for her representation of artists/entertainers and athletes. Depending on circumstances, these individuals may be eligible for a variety of temporary visas, including B-1, H-1B, J-1, O-1, P-1, P-2, P-3, or Q-1. (Described below under Employment-Temporary) Permanent options for such individuals range from Employment-Based First Preference for Extraordinary Ability, Employment-Based Second Preference and traditional Labor Certifications.
Most foreign students are in the U.S. on an F-1 visa which allows them to reside in the U.S. for the duration of their study program as long as they are maintaining a full course of study and are not working unlawfully. There are various types of practical training permits that foreign students may be eligible for, but as a general rule, they are not allowed to work except on campus or with this special permission. Some students are also in the U.S. on J-1 visas, which are for scholars, teachers and others. While J programs and program sponsors vary widely, students in J status are similar to F-1 students in that they are ineligible for outside employment. Spouses of J-1s (J-2s) are eligible for work authorization from USCIS, but spouses of F-1s are not. Many individuals in J status are subject to a requirement that they return to their country of origin for two years before being eligible for a change of status or adjustment of status to lawful permanent residence. While waivers are sometimes available, students should carefully consider their long term plans before agreeing to J-1 status over F-1 status.
Family immigration is divided into immediate relatives and preference relatives. Immediate relatives include spouses, children under age 21 and parents of U.S. citizens. These individuals are immediately eligible for permanent residence in the U.S., although the application process can typically take quite awhile. Preference relatives are divided into the following categories: First preference – unmarried adult children of U.S. citizens; second preference – spouses and children of U.S. permanent residence; third preference – married children of U.S. citizens; and fourth preference – brothers and sisters of U.S. citizens. These are the only family relationships which allow immigration to the U.S. USCIS has very specific definitions of what constitutes “children” (including step children and adopted children) and “parents.” Family relationships are typically proven with birth certificates, marriage certificates and other legal documentation. The USCIS scrutinizes family relationships closely to ensure that relationships were not entered into merely for the purpose of obtaining immigration benefits.
Individuals who have resided in the U.S. as lawful permanent residence for 5 years (or in the case of spouses of U.S. citizens, 3 years) are eligible to apply for naturalization as U.S. citizens. These individuals must also establish that they have been physically present in the U.S. for at least half of the time during the past 5 years, and that they have not been outside the country for more than one year at any given time without obtaining a waiver. The naturalization process requires that individuals be of good moral character, not be removable from the U.S. for any reason, including past criminal activity, and can pass a test in U.S. government and written and spoken English skills. There are certain exceptions regarding these testing requirements for individuals of a certain age or with certain disabilities. Once interviewed and approved, individuals will be sworn in as U.S. citizens and asked to take an oath of allegiance. Acquiring U.S. citizenship in the U.S. through naturalization does not automatically revoke one’s native citizenship provided that dual citizenship is allowed by that country.
Refugees and Asylees are individuals who have been granted protection by the U.S. government on account of having established a well-founded fear of persecution by their foreign government on account of their:
Social group membership includes such areas as gender and sexual preference persecution. The main difference between refugees and asylees is that refugees establish this well-founded fear while outside the U.S., typically in a refugee camp, and are then relocated to the U.S. to reside here. Asylees are individuals who have come to the U.S. with visas or as illegal entrants and then file for asylum. Their application must establish their well-founded fear of persecution on account of one of the five grounds. The asylum and refugee process is not an easy one; simply because a country is war torn or in extreme turmoil does not mean its citizens are eligible to reside in the U.S. as refugees or asylees. Proving a well-founded fear of persecution is a very difficult process that is best done with legal counsel. Individuals with strong claims can sometimes qualify for assistance from a human rights organization that helps prepare applications on a pro bono basis. One such organization is the Minnesota Advocates for Human Rights, located at www.theadvocatesforhumanrights.org/.
Fredrikson & Byron’s immigration services include comprehensive representation in the area of deportation and removal. Our attorneys are highly regarded in this area with many years of experience. As a result of recent changes in the law, many more individuals are now subject to deportation and removal, even for committing the most minor offenses. We are capable of handling these matters both in Immigration Court and U.S. Federal Court.
Once a year, most typically around October, the U.S. State Department runs a visa lottery for individuals from certain countries that are under-represented in U.S. immigration. Simple applications must be filed within a narrow window of time and approximately 9 or 10 months later the winners are announced. Even though these applications are very simple, it should be noted that many are rejected for failure to follow exact directions. The visa lottery winners are eligible for lawful permanent residence in the U.S. and must adjust to that status or obtain a visa from a consulate abroad by the end of the next fiscal year. As the State Department issues considerably more approvals than it can grant, it is essential that individuals who win the lottery take immediate steps to make their applications. Otherwise, they may end up in the unfortunate position of being denied because the quota has been reached.
January 11, 2021
On January 8, 2021, a new rule was published by the Department of Homeland Security which significantly impacts the H-1B visa lottery process.
January 11, 2021
President Trump signed a proclamation extending earlier proclamations suspending the entry of certain immigrant and nonimmigrant visa applicants.
January 11, 2021
The Department of State temporarily enabled consular officers to waive in-person interview requirements for nonimmigrant visas in the same classification.
January 11, 2021
On December 27, 2020, President Trump signed the Consolidated Appropriations Act of 2021, which extends several expiring immigration programs.
January 11, 2021
U.S. Immigration and Customs Enforcement announced an additional 30-day extension to January 31, 2021, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to the COVID-19 pandemic.
January 11, 2021
On December 23, 2020, the U.S. District Court for the Eastern District of California issued an order enjoining DOL from implementing a final rule on AEWR methodology for the temporary employment of H-2A nonimmigrants in non-range occupations.
January 11, 2021
On December 22, 2020, U.S. Customs and Border Protection issued two notices extending temporary travel restrictions related to the COVID-19 pandemic and applicable to land ports of entry and ferry service between the United States and Canada, and between the United States and Mexico.
January 11, 2021
The Ninth Circuit ruled that U.S. Citizenship and Immigration Services’ denial of a visa for a computer programmer on the basis that it was not a “specialty occupation” was arbitrary and capricious, and the Circuit remanded the case.
January 11, 2021
U.S. Citizenship and Immigration Services announced that its lockbox facilities “have received a significant increase in filings in recent weeks.”
January 11, 2021
The Cato Institute recommended 30 deregulatory actions for the Biden administration to consider, to “lessen the costs of America’s outdated immigration laws.”
January 11, 2021
As a result of litigation challenging USCIS’s blank-space rejection policy, where the agency rejected applications because of blank spaces, USCIS agreed to pause implementation of the rejection policy starting December 24, 2020.
January 11, 2021
Following litigation related to Deferred Action for Childhood Arrivals that resulted in a U.S. district court order issued December 4, 2020, U.S. Citizenship and Immigration Services released guidance effective December 7, 2020.
January 11, 2021
DHS is automatically extending the validity of temporary protected status-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal for nine months from the current expiration date of January 4, 2021, through October 4, 2021.
January 11, 2021
A spokesperson for the Student and Exchange Visitor Program (SEVP) announced that spring 2021 guidance related to the COVID-19 pandemic for international students in programs in “hybrid” or online modes will remain the same as before.
December 21, 2020
A U.S. district court vacated a memorandum issued by Chad Wolf, which made certain changes to the DACA program, and ordered DHS to reopen the program to new applications.
December 21, 2020
A U.S. district court vacated two interim final rules promulgated by DOL and DHS that made important changes to the H-1B program.
December 21, 2020
The bill now returns to the U.S. House of Representatives.
December 21, 2020
A DOS spokesperson said that no current visas would be revoked as a result of the policy changes.
December 21, 2020
USCIS announced updated guidance for adjudicating EB-2 and EB-3 Schedule A petitions for registered nurses, physical therapists and immigrants who have exceptional ability.
December 21, 2020
ABIL released a non-exhaustive list of 12 recommendations to reform business immigration in the early days of the Biden-Harris administration.
December 21, 2020
On November 23, 2020, President-elect Joe Biden nominated Alejandro Mayorkas to lead DHS.
December 21, 2020
DHS and ICE announced an extension until December 31, 2020, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic.
December 21, 2020
The photo E-Verify transmitted should be identical to the photo that appears on an employee’s DHS or DOS-issued document.
December 21, 2020
The update provides “a non-exhaustive list of positive and negative factors that may be relevant to whether an adjustment of status applicant warrants a favorable exercise of discretion.”
December 21, 2020
In Anunciato v. Trump, more than 245 family, employment, and diversity-based visa applicants and their U.S. sponsors sued the U.S. government in federal court.
December 21, 2020
President-elect Joe Biden has pledged in the first 100 days of his administration to set in motion a number of immigration-related actions.
December 21, 2020
Nonimmigrant students should continue to abide by SEVP guidance issued in March 2020, a SEVP spokesperson said.
November 24, 2020
DHS and ICE announced an extension until December 31, 2020, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic.
November 24, 2020
November 16, 2020, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2021.
November 24, 2020
USCIS updated policy guidance to clarify the circumstances when the agency would find applicants ineligible for naturalization because they were not lawfully admitted for permanent residence.
November 24, 2020
DOS released revised guidance implementing a court order in National Association of Manufacturers v. Department of Homeland Security that clarified its earlier order enjoining the government from enforcing a Trump administration ban on H, L and J nonimmigrants.
November 24, 2020
DHS proposes to “permit collection of biometrics from aliens departing from airports, land ports, seaports, or any other authorized point of departure” and “to amend the regulations to provide that all aliens may be required to be photographed upon entry and/or departure.”
November 24, 2020
The photo E-Verify transmitted should be identical to the photo that appears on an employee’s DHS or DOS-issued document.
November 24, 2020
The webpage contains the monthly AEWRs for range occupations and the hourly AEWRs for non-range occupations.
November 24, 2020
The update provides “a non-exhaustive list of positive and negative factors that may be relevant to whether an adjustment of status applicant warrants a favorable exercise of discretion.”
November 18, 2020
In October 2020, the Trump administration announced three new regulations that would profoundly change – and broadly restrict – H-1B visas.
October 20, 2020
In this webinar, attorneys from Fredrikson & Byron’s Immigration Group as they discuss what the 2020 election results mean for U.S. immigration.
October 13, 2020
On October 8, 2020, the Department of Labor began implementing a new prevailing wage system with higher wage thresholds for H-1B, E-3 and PERM applications.
October 13, 2020
On October 1, 2020, a U.S. district judge ruled in NAM v. DHS against aspects of President Trump’s June 22, 2020, Proclamation that blocked visa issuance to many foreign workers.
October 13, 2020
A U.S. district court in Immigrant Legal Resource Center et al. v. Wolf, et al., temporarily enjoined DHS from implementing or enforcing USCIS’ August 3, 2020, fee schedule rule and changes to certain other immigration benefit request requirements.
October 13, 2020
DOS recently released guidance on national interest exceptions for travelers from the Schengen Area, United Kingdom and Ireland. Certain business travelers, investors, treaty traders, academics, students and journalists may qualify for national interest exceptions under related Presidential Proclamations.
October 13, 2020
A U.S. district court judge ruled in Gomez v. Trump that the Department of State intentionally misinterpreted the Trump administration’s entry ban by not issuing diversity visas.
October 13, 2020
USCIS issued guidance the same day stating that the Filing Date, rather than the Final Action Date, applies to employment-based I-485 adjustment of status applications.
October 13, 2020
ICE proposes to amend its regulations by changing the admission period of F, J and I individuals from duration of status to admission for a fixed time period.
October 13, 2020
The Department of Labor announced that it is permanently adopting the electronic issuance of PERM labor certifications to employers and their authorized attorneys or agents.
October 13, 2020
CBP issued notices extending temporary restrictions on travel of individuals from Canada and Mexico into the United States along land ports of entry at the border. Such travel is limited to “essential travel,” as defined in the notice, effective through October 21, 2020.
October 13, 2020
The revocations appear to result from President Trump’s proclamation in May 2020 suspending the entry of certain students and researchers from China.
September 28, 2020
On September 24, 2020, the Department of State released the October 2020 Visa Bulletin, which shows major movement in employment-based cases.
September 28, 2020
The government must undertake “good-faith efforts” to expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications and issue or reissue diversity and derivative beneficiary visas to eligible applicants by September 30, 2020.
September 28, 2020
TPS beneficiaries from Haiti, Nicaragua and Sudan could be required to leave the United States (or find another legal way to stay) by March 2021.
September 28, 2020
The Department of Labor submitted an interim final rule on September 16, 2020, to the Office of Management and Budget to change the wage minimums and related requirements for H-1B, H-1B1, E-3, and PERM workers.
September 28, 2020
USCIS sent a reminder that employers are not held liable for any erroneous attestations an employee makes in Section 1 of Form I-9, Employment Eligibility Verification.
September 28, 2020
DHS and ICE announced an extension for 60 days of certain flexibilities for employers in complying with requirements related to Form I-9, Employment Eligibility Verification, because of ongoing precautions related to COVID-19.
September 28, 2020
DHS said the measures were part of a collaborative “North American” approach intended to limit the further spread of coronavirus.
September 28, 2020
The new guidance expands on how officers determine whether an O-1 petitioner has satisfied the evidentiary criteria and established in the totality of the evidence that a beneficiary has extraordinary ability, or extraordinary achievement, in the motion picture and television industry, as applicable.
September 28, 2020
DHS has sent several rules to OMB for final review, including an interim final rule to redefine what constitutes an H-1B specialty occupation and an employer-employee relationship.
September 28, 2020
The new policy guidance describes the final rule’s adjustments in fees for specific forms. It also provides guidance on fee exemption and waiver policies, new premium processing time limits and other changes made by the fee rule.
September 28, 2020
Asylum applicants now are subject to the agency’s discretion when seeking authorization to work. The new rule does not apply to employment authorization applications filed or pending before August 25, 2020.
September 28, 2020
Just five days before furloughs were set to begin for more than 13,000 USCIS employees, the agency announced that it was canceling those plans. However, USCIS said backlogs and wait times would increase across the board.
September 28, 2020
USCIS released an alert summarizing how it will implement its recent DACA policy memorandum.
September 28, 2020
Employees may present their Form I-797 Notice of Action showing approval of their I-765 application as a List C document for Form I-9 compliance until December 1, 2020.
September 28, 2020
USCIS said that SEVIS “will count each day without employer information toward the total number of unemployment days allowed.”
September 28, 2020
Following a recent bombshell GAO report finding the appointments invalid, DHS asked GAO to rescind its finding. GAO refused.
September 28, 2020
According to reports, USCIS experienced an unexpected decline in H-1B filings and therefore is selecting additional H-1B lottery winners from previous H-1B submissions.
September 28, 2020
The order instructs the Secretaries of Labor and Homeland Security to take action to protect U.S. workers from “any adverse effects on wages and working conditions caused by the employment of H-1B visa holders at job sites (including third-party job sites),” among other things.
September 28, 2020
The updated guidance lists exceptions for certain H-1B, H-2B, H-4, J-1, J-2, L-1, L-2 visas and for those aging out of their current immigrant visa classifications.
September 18, 2020
On October 8, 2020, attorneys from our Immigration Group discussed strategies for essential foreign workers.
August 12, 2020
On June 22, 2020, President Trump signed Presidential Proclamation 10052, which suspended the entry of certain immigrant visa applicants through December 31, 2020.
August 7, 2020
The U.S. District Court for the Southern District of New York enjoined the Department of Homeland Security from “enforcing, applying, implementing, or treating as effective” the February 24, 2020, Public Charge Grounds Final Rule during any period in which there is a national health emergency in response to the COVID-19 outbreak.
August 7, 2020
DHS announced a final rule, published on August 3, 2020, to take effect 60 days later, that will increase many immigration and naturalization fees charged by USCIS and reduce some others.
August 7, 2020
U.S. Citizenship and Immigration Services announced that planned furloughs of more than 13,000 of its employees have been postponed for a month.
August 7, 2020
SEVP released new guidance on the Trump administration’s shifting policy on foreign students taking online coursework in the fall.
August 7, 2020
The Department of State released updated guidance stating that certain business travelers, investors, treaty traders, academics and students may qualify for national interest exceptions to COVID-19-related travel restrictions.
August 7, 2020
The Department of State announced that the CDC approved a one-month extension for medical examinations conducted between January 1 and June 30, 2020.
August 7, 2020
USCIS issued a policy alert regarding the deployment of investment capital, including further deployment after the job creation requirement is satisfied. USCIS said the clarifications apply to all Form I-526 and I-829 petitions pending on or after July 24, 2020.
August 7, 2020
The U.S. Chamber of Commerce, the National Association of Manufacturers, the National Retail Federation and several others sued the Trump administration on July 21, 2020, seeking an injunction to block President Trump’s recent proclamation suspending new nonimmigrant visas.
August 7, 2020
The Department of State (DOS) provided a detailed list which includes exceptions for H-1B, H-2B, H-4, L-1, L-2, J-1 and J-2 visas.
August 7, 2020
Each individual U.S. embassy or consulate website should be consulted regarding Visa and Passport operating status and which services are currently offered.
August 7, 2020
After President Trump’s attempt to end Deferred Action for Childhood Arrivals through the Supreme Court failed, he referred to an “executive order” and a “bill” that would make unspecified reforms.
July 9, 2020
On July 6, the Student and Exchange Visitor Program announced significant modifications to temporary exemptions for nonimmigrant students taking online classes due to the pandemic.
July 9, 2020
On June 29, 2020, President Trump issued an amendment to his Presidential Proclamation issued June 22, 2020.
July 9, 2020
Effective immediately, a long list of field offices will only accept payments in the form of a personal, attorney or business check; debit or credit card; or reloadable prepaid credit or debit card.
July 9, 2020
USCIS has extended the flexibilities it announced on March 30, 2020, to assist applicants and petitioners responding to certain agency requests.
July 9, 2020
USCIS is expected to furlough more than two-thirds of its employees as of August 3, 2020, for at least a month and up to three months or more.
July 9, 2020
Plaintiffs seek to overturn a policy of the Executive Office for Immigration Review that prevents immigration judges from speaking publicly on law and policy.
July 9, 2020
USCIS has issued a statement on President Trump’s recent proclamations suspending the entry of immigrants and nonimmigrants, with exceptions.
July 9, 2020
USCIS issued a new memorandum and rescinded two policy memoranda on June 17, 2020, regarding the adjudication of certain petitions for H-1B nonimmigrant classification.
July 9, 2020
The Court noted in its decision that DHS may rescind DACA and that the dispute instead was primarily about the procedure the agency followed in doing so.
July 9, 2020
Due to continued precautions related to the COVID-19 pandemic, the policy for employers operating 100 percent remotely in light of COVID-19 is extended to July 19, 2020.
July 9, 2020
DOS reportedly faced a backlog of approximately 1.7 million applications as it began opening passport agencies and centers under Phase One of its reopening plan in response to the COVID-19 pandemic.
June 23, 2020
President Donald Trump signed a proclamation suspending foreign worker visas, effective on June 24, 2020, until December 31, 2020.
June 12, 2020
It is possible that President Trump will attempt to restrict work authorization and substantially increase filing fees for foreign nationals within the U.S.
June 10, 2020
U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for Forms I-129 (Petition for a Nonimmigrant Worker) and I-140 (Immigrant Petition for Alien Workers).
June 10, 2020
U.S. Citizenship and Immigration Services (USCIS) announced that as of June 4, 2020, certain USCIS field offices and asylum offices have resumed non-emergency, face-to-face services to the public. Application support centers will resume services later.
June 10, 2020
Donald Trump issued a presidential proclamation on May 29, 2020, restricting the entry of certain graduate students and researchers from China.
June 10, 2020
The Department of Transportation (DOT) announced on June 5, 2020, that it will permit Chinese air carriers, in aggregate, the right to operate two weekly passenger flights to the United States, effective immediately.
June 10, 2020
On May 19, 2020, Chad Wolf, Acting Secretary of the Department of Homeland Security, announced the extension of border restrictions with Mexico and Canada until June 22, 2020.
June 10, 2020
The Department of Homeland Security (DHS) has published a temporary final rule to ease certain H-2B requirements “to help secure the U.S. food supply chain and reduce the economic impact of the coronavirus (COVID-19) public health emergency on H-2B employers.” The temporary flexibilities are available through September 11, 2020.
June 10, 2020
On May 20, 2020, a U.S. district judge in Atlanta, Georgia, found that no statute or regulation requires a petitioner to submit a detailed itinerary in the way required by a U.S. Citizenship and Immigration Services (USCIS) new interpretive memorandum.
June 10, 2020
On May 11, 2020, U.S. Citizenship and Immigration Services (USCIS) introduced temporary policy changes concerning the full-time work requirement for certain foreign medical graduates and the provision of telehealth services by them in light of the evolving COVID-19 pandemic.
June 10, 2020
U.S. Immigration and Customs Enforcement (ICE) has extended temporary guidance that had been set to expire on May 19, 2020, for an additional 30 days.
June 10, 2020
On May 18, 2020, U.S. Citizenship and Immigration Services (USCIS) introduced a new interactive voice response telephone system for English and Spanish callers to the USCIS Contact Center.
May 15, 2020
In the COVID-19 crisis, many healthcare employers have had to significantly readjust the terms and conditions in the employment of their H-1B physicians, but in doing so, they face the risk of violating their H-1B obligations.
May 15, 2020
Physicians from India are understandably concerned about the lengthy period required in order to attain permanent residence.
May 15, 2020
As of May 1, 2020, identity documents in List B with expiration dates on or after March 1, 2020, and not otherwise extended by the issuing authority “may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.”
May 15, 2020
As of May 1, 2020, employers can use only the new form with an October 21,2019, edition date.
May 15, 2020
USCIS said it is extending the flexibilities announced on March 30, 2020, to assist applicants and petitioners responding to certain requests and notices.
May 15, 2020
After a shutdown that began March 18, 2020, of in-person services at its field offices, asylum offices and application support centers (ASCs) due to the COVID-19 pandemic, U.S. Citizenship and Immigration Services (USCIS) said it is readying offices to reopen on or after June 4, 2020.
May 15, 2020
President Trump issued a proclamation suspending the entry of immigrants into the United States for 60 days, with some exceptions.
May 15, 2020
A nationwide class action lawsuit challenges USCIS’ denying H-1B nonimmigrant employment-based petitions for market research analysts positions.
May 15, 2020
In-person service at agencies or centers is available only for those with a “qualified life-or-death emergency and need a passport for immediate international travel within 72 hours.” Otherwise, significant delays are expected.
May 15, 2020
DHS, with the support of the Department of Agriculture, will publish a temporary final rule to temporarily amend the regulations regarding temporary and seasonal H-2A nonimmigrant agricultural workers and their U.S. employers.
May 15, 2020
The Department of State (DOS) recently announced that U.S. embassies and consulates will continue to provide emergency and mission-critical visa services “to the extent possible, given resource constraints and local government restrictions.”
May 15, 2020
Immigration attorneys have received questions from their clients about whether accepting the COVID-19 pandemic-related stimulus check or unemployment benefits are considered public benefits for purposes of public charge inadmissibility determinations.
May 15, 2020
USCIS is reusing previously submitted biometrics to process Form I-765, Application for Employment Authorization, extension requests.
May 7, 2020
The COVID-19 pandemic has unquestionably revealed several deficiencies in the U.S. healthcare system, not the least of which is the immigration-based constraints placed on international physicians.
April 22, 2020
The COVID-19 pandemic is forcing employers to make changes to the terms and working conditions of their workforce. This Q&A assists employers in navigating changes in business practices during this challenging time.
April 21, 2020
How can your company’s actions impact your nonimmigrant employees?
April 21, 2020
President Trump has tweeted his intention to issue an executive order banning immigration into the U.S. The key words here are “into the U.S.”
April 14, 2020
The new USCIS system allegedly erroneously denied many registrations as duplicates that were not.
April 14, 2020
USCIS said it will begin to reopen its offices on May 4 “unless the public closures are extended further.” Employees “are continuing to perform mission-essential services that do not require face-to-face contact with the public,” including limited emergency services.
April 14, 2020
AILA filed a complaint against USCIS to seek necessary measures amid the COVID-19 pandemic.
April 14, 2020
USCIS announced the temporary suspension of premium processing service for FY 2021 cap-subject H-1B petitions due to the pandemic.
April 14, 2020
Employers may use the 07/17/2017 edition through April 30, 2020. Starting May 1, 2020, employers can use only the new form with a 10/21/2019 edition date. A revised Spanish edition is available for Puerto Rico only.
April 14, 2020
Two recent cases concern USCIS interpretations of qualifications for H-1B specialty occupations.
April 14, 2020
Petitioners must submit a printed copy of the electronic final determination form granting temporary labor certification under the H-2A or H-2B programs through the DOL’s FLAG system with the corresponding H-2A or H-2B petition.
April 9, 2020
On May 12, 2020, Fredrikson & Byron Immigration attorneys Robert D. Aronson and Matthew Webster presented a webinar on the J-1 waiver process, its specific requirements and steps that healthcare institutions and physicians can take to increase their chance of success.
March 27, 2020
In response to the COVID-19 national emergency, many H-2A and H-2B employers may not be able to provide full-time employment pursuant to their filed H-2 petitions. This article provides advice concerning the three-fourths wage requirement regulation and the currently available guidance.
March 25, 2020
There is no denying that COVID-19 has disrupted every aspect of our lives, from professional to personal. Our immigration team’s top priorities include the health and safety of our clients and team members, as well as delivering uninterrupted service to all of you.
March 24, 2020
Throughout this time, it is important for employers to be mindful of the continued employment verification requirements that have not been relaxed by the federal government. These FAQs were created to guide employers further in this matter.
March 16, 2020
Initial answers to employers’ COVID-19 related questions from Fredrikson & Byron’s Immigration Group.
March 16, 2020
USCIS issued a reminder that the initial H-1B registration period runs from March 1 through noon Eastern time on March 20, 2020.
March 16, 2020
USCIS has received enough petitions to meet the congressionally mandated H-2B cap on foreign workers in temporary nonagricultural jobs for the second half of FY 2020.
March 16, 2020
The Department of State’s Visa Bulletin for March 2020 announced several notable developments including EB-3 and EB “Other Workers” changes.
March 16, 2020
USCIS implemented the public charge rule nationwide on February 24, 2020, following a Supreme Court ruling staying a preliminary injunction in Illinois.
March 16, 2020
USCIS will not use pre-paid mailers to send any communications or final notices for fiscal year 2021 cap-subject H-1B petitions, including those requesting consideration under the advanced-degree exemption.
March 16, 2020
According to reports from the field, U.S. Immigration and Customs Enforcement (ICE) has increased audits of employers who hire STEM OPT students.
March 16, 2020
DHS informed the New York State Department of Motor Vehicles on February 5, 2020, that New York residents are no longer eligible to apply for or renew their enrollment in Trusted Traveler Programs.
March 16, 2020
A U.S. District Judge issued a decision on February 6, 2020, permanently enjoining the Trump administration’s change in “unlawful presence” policy set forth in a USCIS memorandum.
February 25, 2020
Last year the Trump administration published a new regulation that will expand the way USCIS investigates financial solvency of green card and visa applicants. That rule was put on hold until recently, when the U.S. Supreme Court allowed it to go forward. The new regulation took effect on February 24, 2020, nationwide.
February 7, 2020
The announcement and change follow a Supreme Court stay of nationwide injunctions, except in Illinois, where the rule remains enjoined by a federal court.
February 7, 2020
The Trump Administration’s proclamation restricts U.S. entry of travelers from and through China due to coronavirus risk, with exceptions, such as lawful permanent residents (LPRs) of the United States, spouses and children of U.S. citizens or LPRs, air and sea crews, and others.
February 7, 2020
The Trump administration suspends U.S. entry of nationals from six new countries: Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania. The proclamation states country-by-country exceptions to the ban.
February 7, 2020
As of January 31, 2020, employers should use a new version of the Form I-9 (version 10/21/2019, expires 10/31/2022). Employers may continue to use the old form until April 30, 2020.
February 7, 2020
Those currently in valid E–1 or E–2 status based on the Treaty of Amity must depart the United States upon expiration of their authorized period of stay in the United States, unless otherwise authorized to remain.
February 7, 2020
USCIS has reopened and extended the comment period on its proposed rule raising certain fees for immigration services and benefits to February 10, 2020.
February 7, 2020
The iCERT System Labor Certification Registry, which provides public access to labor certification decisions in the PERM, LCA, H-2A and H-2B visa programs, will be decommissioned.
February 7, 2020
The final fiscal year 2019 statistics include naturalizations, green cards, employment authorizations and protected populations, among other categories.
February 7, 2020
USCIS formally announced it will open an initial registration period from March 1 through March 20, 2020, for the fiscal year 2021 H-1B numerical allocations.
January 14, 2020
USCIS will open an initial registration period for H-1B Electronic Registration for FY 2021 Cap Season from March 1 through March 20, 2020.
January 14, 2020
NBC found that 14 “suspicious” companies employed more than 5,500 foreign students through the Optional Practical Training program.
January 14, 2020
President Trump has signed legislation for fiscal year 2020 that includes several immigration-related provisions and preventing government shutdown.
January 14, 2020
DHS has extended the validity of employment authorization documents issued under TPS designations through January 4, 2021, for certain TPS beneficiaries.
January 14, 2020
On December 26, 2019, USCIS announced it would begin accepting applications from certain Liberian nationals to adjust status to lawful permanent residence.
January 14, 2020
A new joint proposed rule by the Departments of Homeland Security and Justice would provide seven additional mandatory bars to eligibility for asylum.
January 14, 2020
The Department of Justice reached a settlement agreement with Adecco USA Inc., one of the largest staffing companies in the United States.
January 14, 2020
By a bipartisan vote of 260-165, the U.S. House of Representatives passed legislation intended to ease the agricultural labor shortage.
January 14, 2020
The Trump administration recently published its regulatory agenda and, of interest to employers, will redefine the term “specialty occupation.”
January 14, 2020
Oregon-based Judge Michael Simon ruled that the October 2019 Presidential Proclamation “is inconsistent” with the Immigration and Nationality Act.
January 7, 2020
The process of preparing H-1B petitions is changing this year, for the Fiscal Year 2021 H-1B lottery.
December 16, 2019
National Foundation for American Policy study finds historically high denial rates for H-1B petitions through the first three quarters of fiscal year 2019.
December 16, 2019
Federal Judge places TRO on Trump’s public charge order, preventing its application for the duration of the 28-day restraining order.
December 16, 2019
On November 12, 2019, the U.S. Supreme Court heard almost 90 minutes of oral argument on the fate of the Deferred Action for Childhood Arrivals (DACA) Program.
December 16, 2019
USCIS published its proposed Fee Increase Regulation and, to no one’s surprise, fees are increasing dramatically in a number of categories, and the Regulation also contains procedural changes to application and petition processing that go beyond mere increases in processing fees.
December 6, 2019
On January 14, 2020, Fredrikson & Byron Immigration attorneys Zhu “June” Cheng and Debra A. Schneider presented a webinar on preparing for the 2021 H1B Lottery.
November 20, 2019
Donald Trump initially endorsed current acting director of USCIS Ken Cuccinelli to take over as secretary of DHS. Bleak outlook regarding Cuccinelli’s Senate confirmation led Trump to select Chad Wolf.
November 20, 2019
In an effort to prevent the tampering, counterfeiting, and fraudulence of secure documents, on October 24, USCIS initiated the production of a new security-enhanced document, which resembles a U.S. passport and has two purposes.
November 20, 2019
Applicants who receive an immigrant visa after the order goes into effect on November 3 need to demonstrate that upon entry, they will have insurance in place within a month before issuance of the visa.
November 20, 2019
Ken Cuccinelli announced during a speech at SHRM’s Global Mobility and Immigration Symposium in Washington D.C. that the new H-1B online cap registration tool must demonstrate its ability through the testing phase before it can be in place before the beginning of the next filing season early next year.
November 20, 2019
The Department of State (DOS) has released instructions outlining how to apply for the 2021 Diversity Immigrant Visa Program, which provides 55,000 diversity visas to individuals from countries which historically have low rates of immigration to the United States.
November 20, 2019
This article provides an overview of contingency plans in several countries in the event of a possible “no-deal Brexit.”
October 22, 2019
Last week, four courts issued injunctions barring the Trump administration from implementing the controversial public charge rule that would dramatically change the way immigration law operates in the United States.
October 22, 2019
Affected LCA programs include the H-1B, H-1B1 and E-3 visa classifications
October 22, 2019
USCIS has reminded employers that they may accept only unrestricted Social Security cards for I-9 verification purposes, and they have updated the form accordingly.
October 22, 2019
The Department of State recently issued a reminder about upcoming changes to domestic air travel documentation requirements under the Real ID Act, which requires all state-issued identification documents to meet a set of minimum security standards.
October 22, 2019
After just six months serving as Acting Department of Homeland Security (DHS) Secretary, Kevin McAleenan handed in his resignation on October 12. McAleenan was the fourth DHS Secretary of the Trump administration.
October 22, 2019
Four immigrants to the United States have been named Nobel laureates for 2019.
October 22, 2019
The Supreme Court has allowed enforcement of a new Trump administration rule, which requires asylum seekers passing through third countries to apply for asylum in those countries first before seeking asylum in the United States, to move forward pending disposition of the administration’s appeal in the Ninth Circuit.
September 12, 2019
On October 23, 2019, Fredrikson & Byron immigration attorneys discussed the H-2B and H-2A temporary work visa program and updates and trends for the 2020 filing season.
September 11, 2019
Until further notice, employers should continue using the Form I-9, Employment Eligibility Verification, currently available on I-9 Central, even after the August 31, 2019, expiration date has passed.
September 11, 2019
USCIS has changed the direct filing addresses for certain petitioners filing Form I-129, Petition for a Nonimmigrant Worker, as of September 1, 2019.
September 11, 2019
18 attorneys general have filed an amicus brief challenging a new DHS expansion of expedited removal of undocumented immigrants. The signers support a preliminary injunction to bar implementation while the court case is proceeding.
September 11, 2019
Among other things, the 217-page final rule defines certain terms and explains factors DHS will consider when making a public charge inadmissibility determination. Lawsuits have been filed.
September 11, 2019
The bulletin notes that it is “likely that corrective action will also be required for other preferences prior to the end of the fiscal year.”
September 11, 2019
New site visits are underway to question foreign students and company managers on optional practical training in the fields of science, technology, engineering and mathematics.
September 11, 2019
The first planned closures are the field offices in Monterrey, Mexico, and Seoul, South Korea, at the end of September 2019.
September 11, 2019
Approximately 83,884 applicants have been registered and notified and may now make an application for an immigrant visa.
August 5, 2019
With immediate effect, DHS issued a notice to dramatically expand the process of expedited removal. The ACLU has promised to file a suit challenging the action.
August 5, 2019
A long-anticipated final rule provides priority date retention for certain EB-5 investors, increases the required minimum investment amounts, changes the targeted employment area (TEA) designation process, and clarifies USCIS procedures for the removal of conditions on permanent residence.
August 5, 2019
Following a joint interim rule issued by DOJ and DHS that restricted asylum, for migrants traveling through third countries to reach the United States, two judges issued rulings in separate cases.
August 5, 2019
USCIS said it will consider a printed copy of the final determination as the original and approved temporary labor certification.
August 5, 2019
Among other things, the Notice of Proposed Rulemaking would mandate electronic filing of job orders and applications, promote the use of digital signatures and provide employers with the option of staggering the entry of H-2A workers on a single application.
August 5, 2019
There has been a steadily increasing level of employment-based applicant demand for adjustment of status cases, and there is no indication that this trending increase will end. Therefore, the agency has established or retrogressed many of the August Final Action Dates.
August 5, 2019
A USCIS working group is revising the naturalization test, and the agency is formalizing a decennial revision process to allow for updates every 10 years.
July 18, 2019
On August 27, 2019, Fredrikson & Byron immigration attorneys Loan Huynh and Matthew Webster discussed current I-9 enforcement trends, provided I-9 best practices and reviewed the intersection of the Social Security Administration (SSA) “no match” letters with the I-9 process for employers.
July 11, 2019
HIAS, the global Jewish nonprofit agency that supports refugees, recently elected Fredrikson & Byron shareholder Robert D. Aronson as the new chair of its board of directors.
July 10, 2019
July 10, 2019
The Visa Bulletin also includes details on expected potential monthly movement for the next several months.
July 10, 2019
USCIS said this may mean scheduling applicants to appear for an interview at a field office outside of their normal jurisdictions.
July 10, 2019
E-Verify recently reminded employers not to accept restricted Social Security cards as List C documents on the I-9 work authorization verification form.
July 10, 2019
ICE has begun sending out notices of fines of up to hundreds of thousands of dollars to immigrants in the United States without authorization for violations including “failing to depart the U.S. as previously agreed.”
July 10, 2019
The DOS released a statement recognizing an extension of Venezuelan passport validity for an additional five years past the printed date of expiration, for visa issuance and other consular purposes.
July 10, 2019
It is unclear when the regulation will be published or what, if any, changes have been made since the proposed rule was released in January 2017.
July 10, 2019
The “Fairness for High-Skilled Immigrants Act of 2019” , a bill that would eliminate the 7 percent per-country cap (numerical limitation) on employment-based immigrants, among other things, was blocked in the Senate by Rand Paul.
June 26, 2019
Fredrikson & Byron shareholder Loan T. Huynh was named to the Lawyers of Color Inaugural Nation’s Best List, recognizing her tenure in the legal profession and commitment to diversity and inclusion as a minority attorney.
June 10, 2019
The Visa Bulletin for June 2019 notes heavy demand in several employment-based visa categories for India and Vietnam.
June 10, 2019
The applicant is instructed to provide the names of each social media platform used within the last five years and the “username or handle you have used on that platform.”
June 10, 2019
The agenda also includes a proposal to revise the definition of “specialty occupation” to “increase focus on obtaining the best and the brightest” foreign nationals via the H-1B program, revise the definition of “employment” and “employer-employee relationship” to “better protect U.S. workers and wages,” and add requirements to “ensure employers pay appropriate wages to H-1B visa holders.”
June 10, 2019
As a first step, certain visitors for business, visitors for pleasure and vocational students can now file Form I-539, Application to Extend/Change Nonimmigrant Status, online. Additional visa classifications are coming soon.
May 30, 2019
As of March 2019, the Social Security Administration (SSA) resumed sending “no-match” letters to employers.
May 23, 2019
The Social Security Administration has resumed mailing notifications to employers identified as having at least one name and Social Security Number combination submitted on the wage and tax statement (Form W-2) that do not match SSA’s records.
May 23, 2019
A federal judge issued a nationwide order requiring USCIS to temporarily suspend the enforcement of a policy under which F-1/M-1 students and J-1 exchange visitors would begin to accrue unlawful presence as soon as they violate the terms of their visa status.
May 23, 2019
Effective May 1, 2019, the E-2 investor visa program has opened to Israelis under a reciprocal treaty investor agreement signed between the United States and Israel.
May 23, 2019
The letter asked the agency to explain the reasons for backlogged cases and how certain policies such as “extreme vetting” affect processing times and contribute to the backlog.
May 23, 2019
Regarding EB-1 for China and India, the bulletin notes a continued “extremely high rate of demand” that may require temporary retrogression until October.
May 23, 2019
Certain marijuana-related activities generally bar naturalization even if they are decriminalized under applicable state laws
May 23, 2019
On April 10, 2019, USCIS used a computer-generated random process to select enough H-1B petitions to meet the congressionally mandated regular cap and the U.S. advanced degree exemption for FY 2020.
May 23, 2019
The study by the National Foundation for American Policy also details how expensive it has become to petition for an H-1B professional.
May 23, 2019
The data hub allows the public to search for H-1B petitioners by fiscal year, NAICS code, employer name, city, state or zip code.
May 23, 2019
A goal is to limit in-person support to those who truly need assistance that can be provided only in person, the agency said.
April 29, 2019
Loan T. Huynh receives the 2019 Excellence Award for Advancing Diversity and Inclusion.
April 5, 2019
Various U.S. Customs and Border Protection ports of entry and Preclearance locations have implemented a policy of refusing to process L-1 extension petitions presented by Canadians pursuant to the North American Free Trade Agreement.
April 5, 2019
A new Field Assistance Bulletin reiterates an H-1B petitioner’s obligations when using electronic means to make the required notice to all affected employees.
April 5, 2019
The Department of State’s Visa Bulletin for April 2019 notes that Final Action Date movement in many employment-based preference categories continues to be greater than might ordinarily be expected. This is anticipated to continue for at least the next few months.
April 5, 2019
DOL announced an annual update to: (1) the allowable charges that employers seeking H-2A workers in occupations other than herding or production of livestock on the range may charge their workers when the employer provides three meals per day; and (2) the maximum travel subsistence meal reimbursement that a worker with receipts may claim under the H-2A and H-2B programs.
April 5, 2019
President Trump has extended the wind-down period for Deferred Enforced Departure (DED) for certain eligible Liberians for an additional 12 months, through March 30, 2020.
April 5, 2019
USCIS Director L. Francis Cissna told senior staff that the agency’s International Operations Division, which operates in more than 20 countries, will be closed down. The duties of those offices will be transferred to U.S. embassies and consulates and to domestic U.S. offices.
March 29, 2019
On May 8, 2019, Fredrikson & Byron’s Immigration Group hosted a half-day in-person seminar and live webinar on the latest immigration updates and best practices.
March 13, 2019
USCIS resumed premium processing on Tuesday, March 12, for all H-1B petitions.
March 12, 2019
On February 20, 2019, the Trump administration sent a proposed rule to the Office of Management and Budget for review that would halt work authorization for H-4 spouses of H-1B visa holders in the United States.
March 12, 2019
According to statistics released by USCIS, the percentage of H-1B cases with requests for evidence has greatly increased.
March 12, 2019
86 Democratic members of the House of Representatives sent a letter to the USCIS Director expressing their “grave concerns about the alarming growth in processing delays” and requesting “prompt and detailed” responses to a series of related questions.
March 12, 2019
The Department of State’s Visa Bulletin for March 2019 shows modest progress for EB-1 for all chargeability areas as well as EB-2 for China and India; EB-3 and Other Workers China, India and the Philippines; and EB-5 China and Vietnam, with the remainder of the priority dates remaining Current.
March 12, 2019
The USCIS Ombudsman reported that the agency has resolved a discrepancy in the application of policy concerning persons with advance parole who recently filed renewal applications and then left the United States.
March 12, 2019
USCIS announced that it has revised Form I-539, Application to Extend/Change Nonimmigrant Status, and is introducing a new Form I-539A, effective March 11.
February 27, 2019
This article focuses on options available to Postdoctoral Scholars to attain permanent residence based on their professional skills. While U.S. immigration law contains various pathways to permanent residence, such as family-based (largely, but not exclusively marriage to a U.S. citizen), fear of persecution (laws of asylum and refugee) and miscellaneous programs (the most common of which is the Diversity Lottery program), this article is limited to strategies available to Postdocs leveraged off of their employment skills.
February 19, 2019
USCIS will resume premium processing on Tuesday, February 19, for all H-1B petitions filed on or before December 21, 2018.
February 7, 2019
Employers should assess their need for H-1B employees and begin working on their H-1B petitions now.
February 7, 2019
The Online Fee Calculator will determine the exact filing and biometric fees to include with forms and “will always have the most up-to-date fee information,” the agency said.
February 7, 2019
The Visa Bulletin for February 2019 includes information on employment-based visa number availability on a monthly basis through May.
February 7, 2019
The new guidance addresses when officers may consider interview waivers.
February 7, 2019
The Department of State warned U.S. citizens to exercise increased caution when traveling to China due to “arbitrary enforcement of local laws as well as special restrictions on dual U.S.-Chinese nationals.”
December 11, 2018
It is time to start preparing for H-1B cap season once again! This year, USCIS has proposed a new rule to implement a registry program requiring the sponsoring employer to electronically register online prior to formally submitting an H-1B petition with USCIS.
November 29, 2018
Several institutions of higher education have challenged a recently announced Trump administration policy, effective August 9, 2018, changing the calculation of the number of days of “unlawful presence” for nonimmigrant foreign students.
November 29, 2018
Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because of a Tentative Nonconfirmation until it becomes a Final Nonconfirmation.
November 29, 2018
USCIS has sent a draft regulation to the Office of Management and Budget that would require employers, beginning in April 2019, to pre-register for the H-1B lottery.
November 29, 2018
The updated policy requires applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit.
November 29, 2018
USCIS and CBP are extending the joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement through April 30, 2019.
November 29, 2018
The Department of Labor announced several revisions to Form ETA-9035, the Labor Condition Application (LCA) for H-1B, H-1B1, and E-3 employment. A new LCA form incorporating these revisions will be fully implemented on November 19, 2018.
November 19, 2018
Please be advised that as of Monday, November 19, 2018, employers who sponsor foreign nationals for H-1B, E-3 or H-1B1 status will be required to use a new version of ETA Form 9035/9035 to file Labor Condition Applications with the U.S. Department of Labor.
October 31, 2018
The Department of Homeland Security has announced that it will soon publish a controversial proposed rule that would make it much more difficult for many who have lower incomes or less education, or who have received public benefits, to become permanent residents.
October 31, 2018
According to reports, U.S. Citizenship and Immigration Services is conducting site visits to H-2B employers nationwide in a variety of industry sectors.
October 31, 2018
The E-Verify, Conrad State 30 J-1 waiver program for certain foreign physicians, EB-5 regional center and special immigrant non-minister religious worker programs have been extended past the September 30 deadline by late-breaking legislation.
October 31, 2018
The Department of Justice investigation determined that a company failed to consider applications from qualified U.S. workers for its housekeeper positions.
October 31, 2018
U.S. Citizenship and Immigration Services has begun accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request.
October 31, 2018
As of October 1, U.S. Citizenship and Immigration Services could start removal proceedings against some foreign nationals without underlying immigration status if their applications are denied and they do not leave the United States.
October 31, 2018
The judge said in his ruling that there was “evidence that this [termination] may have been done in order to implement and justify a pre-ordained result desired by the White House.”
September 24, 2018
The Department of State’s Visa Bulletin for September 2018 announced oversubscription of employment-based visa numbers in several categories.
September 24, 2018
USCIS announced that it is extending the temporary suspension of premium processing for cap-subject H-1B petitions and, beginning September 11, 2018.
September 24, 2018
The Department of State (DOS) announced recently that the worldwide limits on the highest-preference green cards, EB-1s, were reached for the fiscal year.
September 24, 2018
USCIS has published a revised final policy memorandum related to unlawful presence after considering feedback received during a 30-day public comment period.
September 24, 2018
USCIS has begun accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request.
August 29, 2018
Beginning September 11, 2018, USCIS has announced that it will be expanding the temporary suspension of premium processing beyond cap-subject H-1B petitions to include certain additional H-1B petitions.
August 22, 2018
USCIS has published a revised final policy memorandum related to unlawful presence after considering feedback received during a 30-day public comment period.
August 22, 2018
The worldwide backlog for EB-1 visas is expected to continue through at least October and potentially into 2019.
August 22, 2018
A controversial DHS draft rule leaked to the media would make more immigrants inadmissible or deportable for receiving public benefits.
August 22, 2018
USCIS announced that issuance of operational guidance is pending for its recent memorandum on notices to appear.
August 22, 2018
On June 26, 2018, the U.S. Supreme Court upheld 5-4 the Trump administration’s third travel ban order.
June 5, 2018
I-9 audits are up significantly in 2018 from recent years, continuing to be a cornerstone of the worksite enforcement strategy of the U.S. Immigration and Customs Enforcement Agency.
April 2, 2018
Fredrikson & Byron’s Immigration attorneys presented a half-day seminar on immigration updates and best practices for employers on May 9.
March 16, 2018
The U.S. Supreme Court let stand without comment a ruling by a federal judge to block the Trump administration’s plan to end Deferred Action for Childhood Arrivals by March 5, 2018.
March 16, 2018
USCIS has published a policy memorandum clarifying that USCIS may request detailed documentation to ensure that a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite.
March 16, 2018
The Department of State’s Visa Bulletin for March 2018 discusses visa availability in the coming months in several categories.
March 16, 2018
In what may be a sign of the times, U.S. Citizenship and Immigration Services (USCIS) has revised its mission statement to remove the term “nation of immigrants,” among other changes.
March 16, 2018
A coalition of business leaders, investors and organizations sent a letter on February 8, 2018, to President Donald Trump in support of the International Entrepreneur Rule, which is in effect following a court order.
February 22, 2018
Four immigration bills failed in the U.S. Senate, and a House bill appears doomed. Also, a second court enjoined DACA rescission, with a nationwide preliminary injunction while lawsuits proceed. The decision included certain limitations.
February 22, 2018
President Donald Trump signed a National Security Presidential Memorandum to establish a National Vetting Center “to coordinate the efforts of departments and agencies to better identify individuals seeking to enter the country who present a threat to national security, border security, homeland security or public safety.”
February 22, 2018
President Donald Trump outlined several immigration-related themes during his State of the Union address on January 30, 2018. Also, the Trump administration released its “Framework on Immigration Reform & Border Security” on January 25, 2018.
February 22, 2018
Sens. Orrin Hatch (R-Utah) and Jeff Flake (R-Ariz.) introduced the “Immigration Innovation (I-Squared) Act of 2018” in the U.S. Senate on January 25, 2018. The bill (S. 2344) would authorize additional visas for “well-educated aliens” to live and work in the United States.
February 22, 2018
Temporary protected status (TPS) for El Salvador will be terminated effective September 9, 2019. The 60-day re-registration period began January 18, 2018, and runs through March 19, 2018.
February 22, 2018
The designation of Haiti for TPS will expire on July 22, 2019. Current beneficiaries of TPS under Haiti’s designation who want to maintain that status through the program’s termination date must re-register by March 19, 2018.
February 22, 2018
The DOL’s Office of Foreign Labor Certification alerted employers and other interested stakeholders about a process change “to better assure fairness regarding the issuance of H-2B temporary labor certifications due to the unprecedented volume of applications received on January 1, 2018.”
February 22, 2018
U.S. Customs and Border Protection (CBP) issued a memorandum providing guidance and standard operating procedures for border searches of electronic devices.
February 22, 2018
Federal contractors and subcontractors with an E-Verify Federal Acquisition Regulation (FAR) requirement must enroll in and use E-Verify.
February 6, 2018
In 2015, Congress passed 26 U.S.C. Section 7345, entitled “Revocation or Denial of Passport in Case of Certain Tax Delinquencies.” Although this law was passed in 2015, the IRS did not begin coordinating with the State Department immediately. However, it has announced that it will begin that process in January 2018.
January 26, 2018
After a tumultuous, difficult year in 2017 with respect to immigration and border issues, we share our thoughts on what employers can expect in 2018.
January 26, 2018
Former DHS Secretaries Michael Chertoff, Jeh Johnson and Janet Napolitano sent a letter to Republican and Democratic congressional leaders urging swift passage of legislation to allow the 690,000 “Dreamers” under the Deferred Action for Childhood Arrivals program to continue to live and work in the United States. Also, USCIS resumed accepting renewal applications for DACA based on a federal court order.
January 26, 2018
As of January 22, 2018, passengers with driver’s licenses issued by a state that does not yet comply with the REAL ID Act and that has not received an extension will need to show an alternative form of acceptable identification for domestic air travel. Passengers who have licenses issued by a state that is complying or that has an extension to become compliant with REAL ID requirements may continue to use their licenses as usual.
January 26, 2018
The new measures include requiring VWP countries “to use counterterrorism information to better screen travelers,” assessing VWP countries “to ensure they implement safeguards against the aviation sector” and requiring certain VWP countries “to initiate public information campaigns to reduce overstays.”
January 26, 2018
Temporary protected status TPS designation for El Salvador will be terminated on September 9, 2019. DHS suggested the possibility of a legislative solution in the meantime.
January 26, 2018
New policy guidance states that financial analysts, marketing analysts and market research analysts are not eligible for classification as a TN economist.
January 23, 2018
By Loan T. Huynh, Robert D. Aronson, Laura J. Danielson & Debra A. Schneider
On January 9, 2018, the U.S. District Court in the 9th Circuit issued an order directing the government to partially maintain the Deferred Action for Childhood Arrivals (DACA) program, which on September 5, 2017, the Trump Administration had rescinded.
January 22, 2018
By Loan T. Huynh, Robert D. Aronson, Laura J. Danielson & Debra A. Schneider
On Friday, January 20, 2018, Congress failed to pass a budget, shutting down the federal government except for certain “essential” functions.
January 5, 2018
By Loan T. Huynh, Robert D. Aronson, Laura J. Danielson & Debra A. Schneider
USCIS will start accepting H-1B petitions for fiscal year 2019 (October 1, 2018-September 30, 2019) on April 1, 2018.
December 13, 2017
On Sunday, September 24, the president issued a proclamation that replaced his prior executive orders regarding a travel ban (to the U.S.) of people from mostly Muslim nations.
December 13, 2017
USCIS has designated two Administrative Appeals Office decisions as Adopted Decisions.
December 13, 2017
Haitians with TPS must reapply for employment authorization documents to continue working legally in the United States until the end of the extension period.
December 13, 2017
A federal court granted two California counties’ motions for summary judgment and permanently enjoined the defunding and enforcement provisions of the Trump administration’s executive order with respect to “sanctuary jurisdictions.”
December 13, 2017
Acting Secretary of Homeland Security Elaine Duke is terminating TPS for Nicaragua with a delayed effective date of 12 months, to January 5, 2019.
December 13, 2017
USCIS recently announced that employers have received scam emails requesting Employment Eligibility Verification (Form I-9) information.
December 13, 2017
E-Verify employers can now request authorization from USCIS to post the trademarked E-Verify logo on their websites, presentation materials, and brochures “to let everyone know they are committed to maintaining a legal workforce.”
December 11, 2017
By Robert D. Aronson, Laura J. Danielson, Loan T. Huynh & Debra A. Schneider
As the holidays approach, our office has received an increase in questions regarding travel abroad. Employers and their foreign national employees should take precautions to ensure smooth travels over the holiday season.
November 29, 2017
Fredrikson & Byron shareholder Laura J. Danielson has been elected president of the Alliance of Business Immigration Lawyers (ABIL). ABIL is an invitation-only organization with 38 global law firm members employing more than 1,000 immigration law professionals.
November 21, 2017
USCIS recently announced that employers have received scam emails requesting Form I-9, Employment Eligibility Verification, information.
November 21, 2017
Under updated policy guidance, USCIS is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories.
November 20, 2017
Acting Secretary of Homeland Security Elaine Duke is terminating TPS for Nicaragua with a delayed effective date of 12 months, to January 5, 2019.
November 20, 2017
Senator Grassley’s letter noted that “[g]iven President Trump’s willingness to reevaluate—or reject—any and all of the NAFTA agreement, in the interest of protecting American workers, I recommend that you specifically include temporary workers in the ongoing NAFTA review.”
November 20, 2017
USCIS recently changed the direct filing addresses for certain petitioners using Form I-129, Petition for a Nonimmigrant Worker.
October 18, 2017
The cable advises posts on revised guidance regarding the 90-day rule, formerly known as the “30/60 day rule.”
October 18, 2017
OFLC said new easy-to-understand steps and instructions “will serve to clarify regulatory filing requirements and improve the quality and consistency of H-2A and H-2B applications received for processing.”
October 18, 2017
USCIS resumed premium processing on October 3, 2017, for all H-1B visa extension-of-stay petitions. Premium processing is now available for all types of H-1B petitions.
October 18, 2017
Foreign nationals in certain categories can now apply for work authorization and a social security number using a single form.
October 9, 2017
The Trump administration has announced travel and visa restrictions with respect to the countries of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen, subject to “categorical exceptions and case-by-case waivers.”
October 9, 2017
A lawsuit has been filed challenging the postponement of the International Entrepreneur Rule (IER). The rule would have permitted foreign entrepreneurs to travel to or stay in the United States to grow new businesses.
October 9, 2017
U.S. Citizenship and Immigration Services (USCIS) is no longer accepting petitions from U.S. employers seeking to hire temporary nonagricultural workers under the one-time increase to the FY 2017 H-2B cap announced in July 2017.
October 9, 2017
Among other things, the legislation extends the Religious Worker, Conrad State 30, EB-5 and E-Verify programs until December 8, 2017.
October 9, 2017
Several developments in employment-based categories were announced in the Department of State’s Visa Bulletin for the month of October 2017.
October 9, 2017
Registration for the Diversity Visa Program for fiscal year 2019 (DV-2019) began at noon ET on October 3, 2017, and will end at noon ET on November 7, 2017. For FY 2019, 50,000 diversity visas will be available.
October 9, 2017
The Department of State recently updated the Foreign Affairs Manual with a new 90-day rule on misrepresentation.
October 6, 2017
On October 31, 2017, Fredrikson & Byron’s Immigration Group hosted a webinar to provide updates and details on immigration topics impacting employers.
September 18, 2017
By Loan T. Huynh, Robert D. Aronson, Laura J. Danielson & Debra A. Schneider
On July 17, 2017, USCIS issued a revised version of the I-9, Employment Eligibility Verification Form.
September 14, 2017
According to reports, U.S. Citizenship and Immigration Services (USCIS) has been denying pending advance parole applications for abandonment when applicants travel outside the United States in H-1B or L status.
September 14, 2017
President Donald Trump announced on August 25, 2017, that he has pardoned controversial former Maricopa County, Arizona, sheriff Joseph Arpaio. Reaction was swift and widespread.
September 14, 2017
USCIS announced that effective October 1, 2017, it will begin expanding in-person interviews for certain immigration benefit applicants.
September 14, 2017
Pursuant to a June news release calling for proposed form changes “to better protect American workers, confront fraud, and increase transparency,” the Department of Labor published a notice announcing its intent to revise its information collection for the H-1B, H-1B1 and E-3 programs.
September 7, 2017
For years, the United States has struggled to find an appropriate policy for the Dreamers, which refers to children who were brought to the United States without immigration status.
August 31, 2017
On August 25, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will be implementing across the board in-person interviews at local field offices for a broadened range of permanent residence applications.
June 28, 2017
On June 26, 2017, the Supreme Court of the United States allowed parts of the Trump Administration’s travel ban to go into effect.
June 20, 2017
The U.S. Court of Appeals for the Fourth and Ninth Circuits have upheld a nationwide preliminary injunction rejecting a substantial portion of the Trump administration’s revised executive order barring entry into the United States of people from certain countries.
June 20, 2017
USCIS assisted in several recent investigations leading to convictions in immigration fraud cases.
June 20, 2017
The Consolidated Appropriations Act of 2017, passed by Congress and signed May 7, extends the EB-5 immigrant investor visa program through September 30, 2017.
June 20, 2017
U.S. Citizenship and Immigration Services (USCIS) announced on May 3, 2017, that it had completed data entry of all fiscal year 2018 H-1B cap-subject petitions selected in a computer-generated random process.
June 20, 2017
The Department of State’s Visa Bulletin for the month of June 2017 notes that continued high demand is resulting in cut-off dates being established in several categories.
May 10, 2017
Several visa categories are due to expire or become unavailable soon.
May 10, 2017
U.S. Citizenship and Immigration Services announced a redesign of the Permanent Resident Card (“green card”) and the Employment Authorization Document (EAD) as part of the “Next Generation Secure Identification Document Project.” USCIS began issuing the new cards on May 1, 2017.
May 10, 2017
U.S. Citizenship and Immigration Services (USCIS) announced on April 17, 2017, that employers who used Form I-9, Employment Eligibility Verification, downloaded between November 14 and November 17, 2016, should review the forms to ensure that their employees’ Social Security numbers appear correctly in Section 1.
May 10, 2017
On April 18, 2017, President Donald Trump signed a “Buy American and Hire American” executive order. The order sets the policy of the executive branch as, among other things, rigorously enforcing and administering laws governing entry into the United States of workers from abroad.
April 21, 2017
On April 7, 2017, USCIS reached the H-1B cap for FY 2018. USCIS also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption.
April 21, 2017
Attorneys are expecting an increase in requests for evidence challenging eligibility and in denials of applications for H-1B computer programmers, although some say this approach has been going on for some time.
April 21, 2017
Among other things, USCIS said it “will take a more targeted approach” when making site visits across the country to H-1B petitioners and the worksites of H-1B employees.
April 21, 2017
Visa applicants, especially those coming from India, may experience processing delays due to heightened scrutiny over the busy summer season and beyond.
March 21, 2017
The Department of State’s Visa Bulletin for March 2017 estimates potential monthly movement in several categories in the coming months.
March 21, 2017
New fees for U.S. Citizenship and Immigration Services (USCIS) forms took effect in December, and updated versions of those forms have been published. These new versions are updated with the new fees and have an edition date of December 23, 2016. As of February 21, 2017, USCIS is no longer accepting previous editions of these forms.
March 21, 2017
According to news reports, U.S. Immigration and Customs Enforcement has been conducting a series of targeted enforcement actions and has removed hundreds of people. ICE’s focus reportedly includes immigrants with criminal convictions, fugitives and those who reentered the United States after removal. Others with no criminal histories but who had removal orders were included. ICE said the actions were routine and were planned before an executive order on interior security was issued. President Trump issued that executive order, “Enhancing Public Safety in the Interior of the United States,” on January 25, 2017.
March 21, 2017
John Kelly, Secretary of the Department of Homeland Security (DHS), has signed two new memoranda that implement two of President Trump’s recent immigration executive orders. The DHS memos call for, among other things, strict enforcement of immigration laws, stepped-up detentions and enhancement of expedited removal. As part of the new enforcement efforts, U.S. Immigration and Customs Enforcement (ICE) will seek funding to hire 10,000 new officers and agents and the Border Patrol will seek funding to hire 5,000 new agents.
March 21, 2017
U.S. Citizenship and Immigration Services (USCIS) recently reminded employers that the agency must dispose of transaction records that are more than 10 years old in April 2017. Employers that have been using E-Verify for more than 10 years can down their Historic Records Reports through March 31, 2017. A Historic Records Report contains transaction records dated on or before December 31, 2006.
March 21, 2017
President Donald Trump signed a new “travel ban” executive order on March 6, 2017, that was scheduled to take effect March 16. Among other things, the new order revokes a previous order signed on January 27, 2017, and reduces to six, from the previous seven, countries whose nationals are suspended from entry under a “temporary pause.” The order exempts permanent residents and valid visa holders as of certain dates and times, and provides for case-by-case discretionary waivers. The order also suspends refugee travel to the United States for 120 days for those not previously admitted, subject to waivers in certain circumstances. The new order includes explanations of President Trump’s rationale for the order’s provisions.
March 21, 2017
U.S. Citizenship and Immigration Services (USCIS) announced that starting April 3, 2017, the agency will temporarily suspend premium processing for all H-1B petitions. The suspension may last up to six months. While H-1B premium processing is suspended, petitioners will not be able to file a Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker that requests H-1B nonimmigrant classification. If the petitioner submits one combined check for both the I-907 and I-129 H-1B fees, USCIS said it will reject both forms.
February 13, 2017
On March 13, 2017, attorneys from Fredrikson & Byron’s Immigration Practice presented an online program addressing employment immigration topics.
February 8, 2017
By Robert D. Aronson, Laura J. Danielson, Loan T. Huynh, Bridget R. Penick & Debra A. Schneider
Last week, we sent a travel alert on the January 27, 2017 executive order, generally referred to as the “Travel Ban,” that limited the ability of citizens and nationals from seven countries – Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen – to enter the U.S. under either nonimmigrant or immigrant visas for at least 90 days, or even to receive visas from U.S. consulates abroad; suspended for at least a 120-day period of time the entire refugee program; disqualified Syrians entirely from refugee eligibility; and pledged to reassess the entire security clearance process for foreign nationals coming to the U.S.
January 30, 2017
By Robert D. Aronson, Laura J. Danielson, Loan T. Huynh, Bridget R. Penick & Debra A. Schneider
President Trump signed an executive order on Friday, January 27, 2017, which has caused great concern worldwide on new travel restrictions to the U.S. The order entitled “Protecting the Nation from Terrorist Entry into the U.S. by Foreign Nationals,” has stirred public protests, federal litigation and a confusion over who this order impacts.
January 19, 2017
By Loan T. Huynh, Robert D. Aronson, Laura J. Danielson & Debra A. Schneider
On November 14, 2016, USCIS issued a revised version of the I-9, Employment Eligibility Verification Form. USCIS provided a transition period which ends on January 22, 2017. As of January 22, all employers must begin using the revised Form I-9, with a revision date of “11/14/2016 N.” Additional changes were designed to streamline certification for certain foreign nationals and to make completion of the form more computer friendly.
January 5, 2017
By Loan T. Huynh, Robert D. Aronson, Laura J. Danielson & Debra A. Schneider
USCIS will start accepting H-1B petitions for fiscal year 2018 (October 1, 2017-September 30, 2018) on April 1, 2017. Only 65,000 H-1B’s are issued each fiscal year, with an additional 20,000 H-1B’s for graduates of U.S. master’s degree programs.) As in recent years, we expect the H-1B cap to be reached within a week. Last April, USCIS received approximately 236,000 H-1B petitions in the first week. There will likely be a lottery for those applications received within seven days of April 1, 2017, once USCIS receives more than 65,000 applications. The lottery is a random selection process of the H-1B applications received to determine which applications will be assigned an H-1B cap number and adjudicated.
December 30, 2016
One of the most productive, oftentimes time-efficient pathways to permanent residence is through a National Interest Waiver, under which a foreign national can attain permanent residence by showing that his/her employment will serve to the nation’s benefit. There are two immense advantages to this immigration strategy: 1) a foreign national can self-petition for permanent residence rather than having to be sponsored by an employer; and 2) the submission is made directly to U.S. Citizenship and Immigration Services, thereby avoiding entirely the recruitment and advertising requirements that are the backbone of the labor certification application process through the Department of Labor. Despite its advantages, however, over these past years immigration examiners have operated under somewhat vague guidance on the adjudication standards for National Interest Waiver cases.
December 28, 2016
President Barack Obama signed H.R. 2028 (Pub. L. 114-254), a short-term bill passed by Congress, into law on December 9, 2016.
December 28, 2016
Sens. Lindsey Graham (R-SC) and Dick Durbin (D-IL) announced on December 9, 2016, that they have introduced S. 3542, a bipartisan bill “to protect undocumented individuals should the Deferred Action for Childhood Arrivals (DACA) program be discontinued.” Cosponsors include Sens. Lisa Murkowski (R-AK), Dianne Feinstein (D-CA), and Jeff Flake (R-AZ). The legislation, dubbed the “Bar Removal of Individuals who Dream and Grow our Economy (BRIDGE) Act,” would provide temporary relief from removal and work authorization to young undocumented persons who were brought to the United States as children.”
December 28, 2016
U.S. Citizenship and Immigration Services (USCIS) is reminding all EB-5 regional centers with a designation letter dated on or before September 30, 2016, that they must file Form I-924A, Supplement to Form I-924, for fiscal year 2016 by December 29, 2016. Regional centers must submit an I-924A every year to demonstrate continued eligibility for the regional center designation.
December 28, 2016
The U.S. Supreme Court denied rehearing of United States v. Texas on October 3, 2016. The Court’s refusal to reconsider the case, on which it was deadlocked 4-4 in June, means that several Obama administration deferred action programs remain blocked by the U.S. Court of Appeals for the Fifth Circuit’s order. The programs include Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). The original DACA program is unaffected and has continued since 2012.
December 28, 2016
Australia has announced changes to certain temporary activity visas effective November 19, 2016. Also, in South Africa, there are several options for the divorcing foreign spouse.
December 7, 2016
On January 24, 2017, attorneys from Fredrikson & Byron’s Immigration Practice presented an online overview of the revised I-9 and related compliance issues, including E-Verify, I-9 audits and preparation for increased worksite investigations/enforcement under the incoming Trump Administration.
October 17, 2016
A lot has been happening the last few days in the EB-5 world. Sens. Grassley and Leahy wrote a letter to Senate leadership opposing a straight reauthorization of the EB-5 regional center program without any changes. Also, Rep. Goodlatte introduced an EB-5 reform bill. The 123-page bill would make significant changes to the EB-5 program
October 17, 2016
All Form N-400 (Application for Naturalization) applicants, except those who reside overseas, no longer need to submit two passport-style photographs.
October 17, 2016
The Department of State’s Visa Bulletin for October 2016 provided an overview of potential visa number availability.
October 17, 2016
The Immigration-related programs extended by the bill include E-Verify, EB-5 regional centers, EB-4 non-ministerial religious workers and Conrad 3 for J-1 medical workers.
August 17, 2016
Fredrikson & Byron’s Immigration attorneys presented a half-day seminar on the latest immigration updates and best practices on September 22, 2016. Our speakers outlined recent executive actions, provide strategies for hiring and retaining foreign nationals, explain the new OPT STEM provisions for extending practical training, update you on immigration compliance, and discuss how to assist your foreign employees with community integration.
July 7, 2016
The Supreme Court in United States v. Texas essentially upended the President’s Executive Order that provided limited benefits to parents of U.S. citizens or permanent resident children and an expanded class of “Dreamers” who were brought to the U.S. in unauthorized status as children. In a split 4:4 decision, that was issued without discussion, the Supreme Court affirmed the decision of the Court below, effectively finding that the President had exceeded his executive authority by issuing a blanket reprieve from deportation and expanding the right of long-term, otherwise law-abiding residents to work. This decision ended the President’s initiative to address a burgeoning population of unauthorized foreign nationals in the U.S., thereby throwing the entire issue back to Congress or perhaps setting the stage for renewed court action following the appointment of a ninth justice who could break the tie.
May 13, 2016
USCIS has finalized guidance on determining whether a new job is in the “same or similar” occupational classification with respect to job portability.
May 13, 2016
USCIS announced it has received a sufficient number of petitions to reach the H-2B cap for the first half of FY 2016. March 15, 2016, was the final receipt date for new H-2B worker petitions requesting an employment start date before April 1, 2016.
May 13, 2016
USCIS will accept comments until April 27, 2016, on the revised Employment Eligibility Verification Form I-9.
May 13, 2016
DHS published a final rule amending regulations to expand optional practical training (OPT) for students with U.S. degrees in science, technology, engineering, or mathematics (STEM) and create new obligations for F-1 students and F-1 employers starting May 10, 2016.
May 5, 2016
The U.S. government has recently announced an expanded program that provides many foreign STEM graduates with an extended employment period. This new program, while expanding the period of allowable employment, also imposes some new responsibilities on employers.
April 18, 2016
A number of important immigration-related issues are coming up in 2016 for the United Kingdom (UK).
April 18, 2016
Turkey announces a New Online Visa Filing System for Consular-Issued Visas as well as proposed changes in Turkish Visa and Immigration Policy.
April 18, 2016
Various developments have been announced such as; Restrictions on Visas and Employment of Turkish Workers, Medical Insurance Minimum Requirements have gone into effect; Foreign National Passport Validity Requirements, Salary Payment Rules for Highly Qualified Work Permit Holders and Fines for Violating the Requirement to File for Work Permit Amendment Due to Passport Change.
April 18, 2016
Amendments to the entrepreneur visa schemes and other important changes have been announced.
April 18, 2016
Italy has announced a new annual quota decree, the conversion of existing permits into work permits, a mandatory employment notification procedure and a self-certification of foreign legal residents data in public offices.
April 8, 2016
The European Union (EU) and Colombia have signed a short-stay visa waiver agreement.
April 8, 2016
Companies filing for work permits in Beijing must receive preapproval.
April 8, 2016
A new Normative Resolution (No. 118) has been published.
April 8, 2016
Belgium sets new 2016 salary thresholds for some fast track work permits B and the Blue Card.
April 8, 2016
This article provides an overview of recent immigration developments in security measures in several countries implemented in response to terror attacks and related concerns.
March 17, 2016
On April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering, and computer programming.
March 17, 2016
Almost three dozen technology and business executives petitioned the U.S. House of Representatives and Senate to repeal new visa provisions restricting visa-free travel to the United States for certain travelers under the Visa Waiver Program. The petitioners say the new rules are discriminatory and bad for the U.S. economy.
March 17, 2016
In January, the United States began implementing changes to the Visa Waiver Program (VWP) under a new law. Travelers in several categories are no longer eligible to travel or be admitted to the United States under the VWP. DHS subsequently added Libya, Somalia, and Yemen as three countries of concern with respect to new limits on VWP travel for certain individuals who have traveled to these countries.
March 17, 2016
Among other things, ABIL members urged USCIS to delay implementing the “smart I-9” until it is fully functional in both English and Spanish.
March 17, 2016
The Department of State’s Visa Bulletin for March 2016 includes estimates of visa number availability (potential monthly movement) in the coming months.
March 11, 2016
The F-1 Optional Practical Training (OPT) program provides foreign students one year of work authorization in their field of academic studies. The post-completion program not only provides foreign students with an opportunity to work for a limited period of time, but gives U.S. employers access to educated professionals. This program includes all areas of academic discipline, but graduates in science, technology, engineering, or mathematics (STEM) are granted additional time. This is because these professional areas are not only in short supply, but are also of pronounced importance to the competitiveness of U.S. businesses.
February 22, 2016
Fredrikson & Byron shareholder Loan T. Huynh was named member of the 2016 class of Fellows, participating in a landmark program created by the Leadership Council on Legal Diversity (LCLD) to identify, train and advance the next generation of leaders in the legal profession.
February 16, 2016
On March 2, 2016, please join our Health Care group for its next Health Law Webinar: What Hospitals, Physicians, Therapists and SNFS Need to Know about Medicare’s Comprehensive Joint Replacement Program and Gainsharing Too.
February 15, 2016
The U.S. Supreme Court has agreed to rule on a challenge to President Obama’s “Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)” program, in U.S. v. Texas, No. 15-674. Most recently, in November 2015, the U.S. Court of Appeals for the Fifth Circuit upheld an injunction based on insufficient notice and opportunity for public comment, preventing the program from proceeding until the legal matter could be addressed. The appeals court also said that President Obama had exceeded his statutory authority.
February 15, 2016
U.S. Citizenship and Immigration Services (USCIS) has posted an update to Form I-907, Request for Premium Processing Service. The new edition is dated 12/11/15. The 01/29/15 version will also still be accepted.
February 15, 2016
The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently responded to an attorney who asked how to advise her client following an internal audit of the client’s I-9 employment authorization verification forms. The attorney asked specifically what steps the client should take with respect to permanent resident cards (Forms I-551) that the attorney found doubtful, and whether the attorney was obligated to train the client on what to look for in a valid green card or whether such training would be outside the scope of what the employer should be trained to do, since that could take the employer beyond the “reasonable person” standard.
February 15, 2016
DHS persuaded the court that it was working diligently to evaluate more than 50,000 comments and promulgate a final rule, but was unable to do so in time for a new rule to be effective by February 12, 2016. The court modified its order to leave the current STEM OPT rule in effect until the new May 10, 2016, deadline.
February 15, 2016
In a final rule effective February 16, 2016, the Department of Homeland Security (DHS) is amending its regulations affecting highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile, Singapore (H-1B1), and Australia (E-3); the immigrant classification for employment-based first preference (EB-1) outstanding professors and researchers; and nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification.
January 12, 2016
The guidance notes that although not required by law, an employer may conduct an internal audit of I-0 forms to ensure ongoing compliance with the employer sanctions provision of the INA. An employer may choose to review all or a sample of I-9 forms selected based on neutral and nondiscriminatory criteria.
January 12, 2016
Following recent terror attacks in Paris, France and San Bernardino, California, the U.S. House of Representatives voted to tighten restrictions on travelers under the VWP. Also, President Barack Obama announced new security measures for the VWP, including gathering more information from travelers about visits to Syria and Iraq.
January 12, 2016
The office of Foreign Labor Certification has provided emergency guidance to employers seeking to employ nonimmigrant workers in H-2B temporary or seasonal nonagricultural employment. The guidance is for employers seeking to obtain prevailing wage determinations and temporary labor certifications.
January 12, 2016
The combined omnibus bill that Congress passed on December 18, 2015, includes several immigration measures.
January 12, 2016
USCIS seeks public comments on a proposed rule published on December 31, 2015, “Retention of EB-1, EB-2, EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” that would change certain aspects of employment-based visa programs.
January 5, 2016
The H-1B deadline to file cap-subject H-1B petitions is again drawing close. Employers subject to the H-1B quota must file petitions immediately prior to April 1, 2016, to have any realistic chance of receiving approvals for this coming fiscal year.
December 16, 2015
The recent, relevant changes of the Immigration Rules are summarized with a focus on Tier 2 sponsors.
December 16, 2015
Fines for illegal employment have decreased from 12,000 to 8,000 Euros.
December 16, 2015
Italy approved amendments to current Italian citizenship law and clarified the assessment procedure of the Integration Agreement. Italy also announced updates on the study to work permit conversion and new electronic residence permits with microchips.
December 16, 2015
France restores land border controls until December 13. Also, businesses convicted of illegal labor may be blacklisted.
December 16, 2015
This article provides an overview of recent developments in dual nationality and its effects on diplomatic protection.
December 15, 2015
The Department of State’s Visa Bulletin for December 2015 included information on visa number availability in the coming months.
December 15, 2015
The court found, among other things, that the states have shown that the threatened injury if the injunction were denied outweighed any harm that would result if the injunction were granted.
December 15, 2015
USCIS recently updated the paper version of Form G-28, Notice of Entry of Appearance as Attorney or Representative.
December 15, 2015
The memo provides additional guidance on determining whether one job is in “the same or a similar occupational classification” as another job.
November 19, 2015
Registration is open until noon, eastern time, on November 3, 2015.
November 19, 2015
Congress has extended the EB-5, E-verify, Conrad state 30 (physician J-1 waiver), and religious workers programs until December 11, 2015, as part of congressional passage of a continuing resolution to fund the government.
November 19, 2015
More than 93 percent of applicants who filed for a replacement green card online had a positive experience, and more than 95 percent would recommend online filing to others.
November 19, 2015
Among the issues addressed are the qualifying criteria, preparing job orders, program obligations of employers, filing H-2A applications requesting temporary labor certification for range occupations, recruiting U.S. workers, determining the minimum offered wage rate, and meeting minimum standards for housing used on the range.
November 19, 2015
Among other things, the proposal would allow F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months.
November 11, 2015
This article provides an overview of common-law and same-sex marriage issues and requirements with respect to immigration in several countries.
November 11, 2015
On September 17, 2015, the United Kingdom government published its latest immigration bill, which contains several provisions to tackle illegal migration.
November 11, 2015
The Dutch government introduced the Startup Visa in 2015; requirements and early experiences are discussed.
November 11, 2015
China has removed the visa and residence permit requirements for Taiwan residents, and implemented new immigration policy measures in Shanghai.
October 28, 2015
The new agreement outlines the first steps toward the creation of a North American Trusted Traveler network. The agreement is expected to make it easier for eligible travelers in the United States, Mexico, and Canada to apply for expedited screening programs.
October 28, 2015
U.S. Customs and Border Protection launched a redesigned Electronic System for Travel Authorization (ESTA) website for Visa Waiver Program (VWP) participants on September 10, 2015.
October 28, 2015
USCIS resumed final adjudication of employment-based adjustment applications on October 1, 2015, when visa numbers were again available.
October 28, 2015
By moving many filing dates back, the update radically changed the recently announced benefit offered by a revised procedure for determining immigrant visa availability and filing adjustment of status applications.
September 11, 2015
The Department of State and U.S. Citizenship and Immigration Services (USCIS) announced jointly that certain individuals who are stuck in family and employment-based immigrant visa backlogs can start their immigrant visa paperwork or apply for adjustment of status before their priority dates become current.
July 16, 2015
Several companies have been in the spotlight recently due to hiring H-1B workers and laying off U.S. workers in similar positions.
July 16, 2015
On April 2, 2015, USCIS announced that it had accepted and approved a sufficient number of H-2B petitions to meet the congressionally mandated annual cap of 66,000 H-2B visas. From June 3, 2014, through March 26, 2015, USCIS accepted about 3,900 petitions (about 77,000 beneficiaries) toward the H-2B FY 2015 cap.
July 16, 2015
USCIS seeks public comments on proposed changes to E-Verify.
July 16, 2015
We note that in June the U.S. Supreme Court decided two important immigration cases with potentially far-reaching implications.
April 14, 2015
On April 13, 2015, U.S. Citizenship and Immigration Services (USCIS) conducted a random, computer-generated lottery to determine which H-1B cap-subject petitions would be formally received for adjudication by the service center. USCIS has begun the process of issuing receipt notices for those petitions that were selected and returning the petitions that were not.
February 27, 2015
During his visit on November 8-10, 2014, to the Asia-Pacific Economic Cooperation (APEC) Summit in Beijing, U.S. President Obama announced that the U.S. and China have reached an agreement to extend the visa validity of short-term business, tourist, student and exchange visitor visas.
February 27, 2015
On January 1, 2015, Handling Procedures Related to Entry of Foreigners for Short-term Work Tasks (for Trial Implementation) (the “Procedures”) took effect. The Procedures provide guidelines for implementing the 90-day work permit rule under China’s new exit-entry law and regulations. The Procedures define “short-term work” and clarify the visa, work permit and residence permit application requirements and procedures for foreign nationals entering China for short-term employment purposes.
February 25, 2015
The National Visa Center (NVC) has begun handling all domestic email and telephone inquiries from the public on nonimmigrant and immigrant visa cases.
February 25, 2015
Starting on May 1, 2015, USCIS will accept only the October 23, 2014, edition of the I-129.
February 25, 2015
Forward movement is possible in some employment-based categories in the coming months.
February 25, 2015
DHS expects to launch a pilot by late 2015 to test the program.
February 25, 2015
The 2015 AEWRs, broken down by state, range from a low of $10 (Alabama) to a high of $13.59 (Kansas, Nebraska, North Dakota, and South Dakota).
February 25, 2015
The Czech Republic, Denmark, Madagascar, Portugal, and Sweden were added to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the coming year.
February 25, 2015
The measures President Obama announced included, among other things, initiating discussions to re-establish diplomatic relations with Cuba, and facilitating an expansion of travel.
February 24, 2015
U.S. Citizenship and Immigration Services (USCIS) announced on February 24, that effective May 26, 2015, employment authorization will be granted to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. The regulations were amended to allow these H-4 dependent spouses to accept employment in the U.S.
January 20, 2015
USCIS will start accepting H-1B petitions for fiscal year 2016 (October 1, 2015-September 30, 2016) on April 1, 2015. Only 65,000 H-1Bs are issued each fiscal year, with an additional 20,000 H-1Bs for graduates of U.S. master’s degree programs.) As in recent years, we expect the H-1B cap to be reached within a week. Last April, USCIS received approximately 172, 500 H-1B petitions in the first week. There will likely be a lottery for those applications received within seven days of April 1, 2015, once USCIS receives more than 65,000 applications. The lottery is a random selection process of the H-1B applications received to determine which applications will be assigned an H-1B cap number and adjudicated.
December 23, 2014
On November 12, 2014, the United States began issuing visas in accordance with a new reciprocal arrangement with China, the Department of State’s Bureau of Consular Affairs announced. Chinese applicants who qualify for a B nonimmigrant visa (NIV) may now be issued multiple-entry visas for up to 10 years for business and tourist travel. Qualified Chinese students and exchange visitors and their dependents who qualify for F, M, or J visas are now eligible for multiple-entry visas valid for up to five years or the length of their program. U.S. citizens eligible for Chinese short-term business and tourist visas should also receive multiple-entry visas valid for up to 10 years, while qualified U.S. students may receive student residence permits valid up to five years, depending on the length of their educational programs.
November 21, 2014
On November 20, 2014, President Barack Obama announced significant changes and fixes to our broken immigration system. These administrative and regulatory actions implement new enforcement measures, provide immediate relief to certain individuals, and push us closer to modernizing our current immigration system.
October 30, 2014
The Department of State’s Visa Office announced that the China employment-based fifth (EB-5) category became unavailable on August 23, 2014, and remained unavailable for the remainder of fiscal year 2014. The category again became current on October 1, 2014.
October 30, 2014
U.S. Customs and Border Protection (CBP) is optimizing processing for first-time Canadian TN (Trade NAFTA) and L applicants seeking entry into the United States under the North American Free Trade Agreement (NAFTA).
October 30, 2014
U.S. Citizenship and Immigration Services (USCIS) announced on September 26, 2014, that it will automatically extend employment authorization documents (EADs) for Liberian nationals covered under deferred enforced departure (DED). DED Liberia EADs that had an expiration date of September 30, 2014, are now valid through March 30, 2015. This automatic extension of EADs follows President Barack Obama’s decision to extend DED through September 30, 2016, for qualified Liberians and those individuals without nationality who last habitually resided in Liberia.
October 30, 2014
On September 24, 2014, the Department of State (DOS) released instructions on how to apply for the diversity visa (DV) 2016 program. Entries for the DV-2016 DV program must be submitted electronically at http://www.dvlottery.state.gov by noon EST (GMT-5), Monday, November 3, 2014.
August 13, 2014
By Fredrikson’s Immigration Group
On August 8, 2014, Minnesota Department of Health (MDH), through the Office of Rural Health and Primary Care, announced new procedures for health care facilities wishing to apply for a J-1 waiver on behalf of prospective international physician employees through the Conrad 30 program.
April 8, 2014
On April 7, 2014, USCIS announced the H-1B cap for fiscal year 2015 (October 1, 2014-September 30, 2015) had been reached as it received more applications than the number of available H-1B visas.
February 4, 2014
By Fredrikson’s Immigration Group
Employers may submit cap-subject H-1B petitions again on April 1, 2014, for the fiscal year (FY) 2015 H-1B program.
October 17, 2013
By Fredrikson’s Immigration Group
Now that the federal government shutdown has ended, all E-Verify features and services are now available.
October 1, 2013
By Fredrikson’s Immigration Group
As of today, October 1, 2013, the government began a partial shutdown of its agencies. Read more for a list of several agencies that will be affected.
July 1, 2013
By Fredrikson’s Immigration Group
As of July 1, 2013, employers participating in E-Verify are required to enter an employee’s email address into E-Verify if that employee voluntarily provided the information in Section 1 of Form I-9. This new data field was added to E-Verify to bring it in line with the new version of the Form I-9, which went into effect in March 2013 and added data fields for employees’ emails and telephone numbers in Section 1.
July 1, 2013
We are delighted to report that bi-national same-sex couples no longer have to choose between separation from their spouse or separation from the United States.
May 1, 2013
By Fredrikson’s Immigration Group
As of April 30, 2013, U.S. Customs and Border Protection (CBP) began phasing out the paper Form I-94 cards at airports and seaports in the U.S. and U.S. territories.
April 1, 2013
By Fredrikson’s Immigration Group
The H1B cap (bachelor’s and master’s) for fiscal year 2014 was reached on April 5. This means USCIS will not accept any new H1B cap subject petitions received or filed after April 5, 2013. USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013.
March 8, 2013
By Fredrikson’s Immigration Group
On March 8, 2013, USCIS released its newly revised Employment Eligibility Verification Form, Form I-9.
January 1, 2013
By Fredrikson’s Immigration Group
Employers may submit cap-subject H-1B petitions again on April 1, 2013, for the fiscal year (FY) 2014 H-1B program.
March 1, 2012
The H-1B visa is commonly known as the “workhorse” of U.S. work visas as U.S. companies rely on it more than any other visa to employ foreign workers in the U.S.