Insights Archive

Work Visas and One International College Athlete’s Slam Dunk on His Name, Image, and Likeness Rights

A basketball player from the Dominican Republic could be the first prospective National Collegiate Athletic Association (NCAA) athlete to secure an O-1 temporary work visa for those with “extraordinary ability” in athletics to allow him to profit from his name, image, and likeness (NIL) while in school. The move comes as brands are looking to sign college athletes under the NCAA’s interim NIL policy, though international athletes have limited ability to do so under student visas.

Bethany S. Wagner Pittsburgh Author

Marissa E. Cwik Denver Author

Zachary V. Zagger New York Author

USCIS Provides Filing Flexibility for International Student OPT Work Authorization Applications Affected by Service Delays

On February 26, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it was offering additional flexibility for international students affected by the delayed issuance of receipt notices for Form I-765, Application for Employment Authorization. USCIS had previously acknowledged that it was “experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility,” and, in particular, “significant delays” for Form I-765 applications relating to F-1 students.

Marissa E. Cwik Denver Author

USCIS Rescinds Controversial Guidance on H-1B Classification for Computer-Related Positions

On February 3, 2021, U.S. Citizenship and Immigration Services (USCIS) rescinded a policy memorandum that, while in place, had negated long-standing agency guidance for the adjudication of H-1B petitions in computer programming and related occupations.

Marissa E. Cwik Denver Author

Immigration Considerations for Coronavirus Response Plans: Key Questions and Answers

The continuing spread of the novel coronavirus (COVID-19) throughout the United States has caused employers to consider implementing contingency plans to help curb the spread of the disease and protect their workforces. Many companies are now restricting nonessential travel outside of the United States. Companies are also increasingly instructing their employees to work from home.

Marissa E. Cwik Denver Author

ICE Begins STEM OPT Worksite Inspections

There have been an increasing number of reports that Immigration and Customs Enforcement (ICE) has begun conducting workplace site visits for F-1 students employed pursuant to optional practical training (OPT) in the science, technology, engineering, and math (STEM) fields. While ICE has had the authority to conduct on-site inspections since 2016, it has not exercised that authority until recently. Given this new development, companies that employ STEM OPT workers are encouraged to be prepare in case ICE visits their workplaces.

Marissa E. Cwik Denver Author

Congress Considers Removing Country Caps for Employment-Based Immigrant Visas and Proposes Changes to H-1B Visa Program

On July 10, 2019, the U.S. House of Representatives passed H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019, by a vote of 365 to 65. The bill is intended to reduce lengthy immigrant visa (green card) wait times by eliminating per-country caps for employment-based green cards. In addition, senators have reportedly reached an agreement on a version of a companion bill (S. 386) in the U.S. Senate that presently includes an amendment imposing tighter restrictions on recruitment and creating new reporting requirements for H-1B visa sponsors.

Marissa E. Cwik Denver Author

The Travel Ban Is in Effect, DOS and DHS Release FAQs to Address Concerns

On June 29, 2017, the U.S. Department of State (DOS) and the Department of Homeland Security (DHS) issued answers to frequently asked questions (FAQs) on the implementation of Executive Order 13780 (EO-2), which went into effect on June 29, 2017, at 8:00 p.m. Eastern time (ET) after the Supreme Court’s recent opinion.

Tina H. Ho Washington D.C. Author

Marissa E. Cwik Denver Author

President Trump Issues Revised Executive Order Suspending Admission for Certain Foreign Nationals from Six Designated Countries

On March 6, 2017, President Trump signed a revised Executive Order, Protecting The Nation From Foreign Terrorist Entry Into The United States, that suspends admission to the United States for certain foreign nationals from the following six designated countries for 90 days: Iran, Libya, Somalia, Sudan, Syria, and Yemen.

Marifrances Morrison Raleigh Author

Marissa E. Cwik Denver Author

Mapping the Impact From USCIS’s Surprise Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it will temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The premium processing program allows a petitioner to receive a decision on its case within 15 calendar days upon payment of an additional government filing fee to USCIS.

Marifrances Morrison Raleigh Author

Whitney Brownlow Raleigh
Indianapolis Author

Marissa E. Cwik Denver Author

UPDATE: Ninth Circuit Upholds TRO Halting President Trump’s Immigration Travel Ban

On Thursday, February 9, 2017, the Ninth Circuit Court of Appeals denied the U.S. Department of Justice’s (DOJ) emergency motion for a stay in a case that suspended implementation of certain sections of an executive order (EO) issued by President Donald Trump restricting admission to the United States of foreign nationals from designated countries and certain refugees.

Marifrances Morrison Raleigh Author

Marissa E. Cwik Denver Author

UPDATE: Federal Judge Issues Order Temporarily Halting President Trump’s Immigration Travel Ban

On Friday, February 3, 2017, U.S. District Judge James L. Robart granted a temporary restraining order (TRO) against defendants, President Donald Trump, the U.S. Department of Homeland Security (DHS), DHS Secretary John F. Kelly, and Acting U.S. Secretary of State Thomas A. Shannon, Jr.

Marifrances Morrison Raleigh Author

Marissa E. Cwik Denver Author

UPDATE: FAQs on the Impact of the Executive Order Suspending Admission to the U.S. of Foreign Nationals From Certain Designated Countries

Following is updated guidance related to President Donald Trump’s Executive Order (“EO”), “Protecting the Nation from Foreign Terrorist Entry into the United States,” issued January 27, 2017. These updates are based upon information available as of February 3, 2017.

Marissa E. Cwik Denver Author

Marifrances Morrison Raleigh Author

FAQs on the Impact of the Executive Order Suspending Admission to the U.S. of Foreign Nationals From Certain Designated Countries

On January 27, 2017, President Donald Trump issued an executive order, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” which suspended admission to the United States of foreign nationals from the following countries for a period of at least 90 days: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The executive order also suspended implementation of the Visa Interview Waiver Program (which is also known as drop-box). This order was effective immediately upon issuance. Several issues related to the order still require clarification.

Marifrances Morrison Raleigh Author

Marissa E. Cwik Denver Author

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