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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.

U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2018 (FY2018) starting in April of 2017 (April 1, 2017 falls on a Saturday, so USCIS will accept cap-subject petitions for the year starting on the following business day, Monday, April 3, 2017). Employers may want to begin identifying current and future employees who may require new H-1B visas to work in the United States.

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum aiming to clarify the standard required for L-1B specialized knowledge visas. The memorandum notably begins by reminding adjudicating officers that the L-1B visa category, which allows for the transfer of company personnel with specialized knowledge, is critical in fostering the growth and competitiveness of U.S. businesses in an increasingly global marketplace.

The U.S. Department of State (DOS) continues to experience worldwide technical problems with issuing visas…

The U.S. Department of State (DOS) continues to experience worldwide technical problems with issuing visas…

The U.S. Department of State (DOS) has provided an update on its ongoing technical problems with issuing visas.

The recent increase in scrutiny by U.S. Citizenship and Immigration Services (USCIS) on L-1 visa petitions has led many employers to revamp their intracompany transferee visa procedures. Certain multinational corporations are able to bypass the standard USCIS application by filing for corporate blanket approval. However, recent trends demonstrate that obtaining and amending existing corporate blanket

On May 2, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that data entry for all FY 2015 H-1B cap petitions has been completed. The agency will now begin to reject and return all H-1B cap-subject petitions that were not selected in the random selection (“lottery”) process.

On May 2, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that data entry for all FY 2015 H-1B cap petitions has been completed. The agency will now begin to reject and return all H-1B cap-subject petitions that were not selected in the random selection (“lottery”) process.

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual can begin the final phase of the “green card” process, either through adjustment of status or consular immigrant visa application. Individuals with a priority date that is earlier than the date listed for that visa category

A recent interim policy memorandum, released by the U.S. Citizenship and Immigration Services (USCIS), clarifies the degree completion requirements for the 17-month extension of Optional Practical Training (OPT) available to F-1 students enrolled in Science, Technology, Engineering, and Mathematics (STEM) degree programs. The memorandum concludes that F-1 students engaging in post-completion OPT are eligible for a 17-month STEM extension even if they have not completed the thesis or equivalent requirement for their STEM degree.

An important issue for many employers that use electronic I-9 systems is the pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. Form I-9, Employment Eligibility Verification, is the form that must be completed by all employers to verify the employment eligibility of every new hire. Electronic I-9 systems

The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging that the company in question violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it preferred temporary visa holders over U.S. workers during its recruitment process by placing online job postings that contained citizenship status preferences for F-1 and H-1B temporary visa holders.

A key element of immigration control involves tracking the arrival and departure of foreign visitors to the United States. While the need for arrival controls is apparent, many argue that recording departures is also important as a means of determining whether travelers have left the country in accordance with the expiration of their immigration status.

Since the creation of the L visa category in 1970, the L-1 statutory provisions have been modified several times. In recent years, L-1 cases have been subject to heightened scrutiny both by the U.S. Citizenship and Immigration Services (USCIS) and the U.S. consulates abroad.

The L visa allows qualifying multinational companies with a parent, subsidiary, branch, or affiliate abroad to transfer managers and executives (L-1A) and employees with “specialized knowledge” (L-1B) to work in the United States. To qualify, the transferee, within the three-year period preceding entry into the United States, must have been employed abroad in an executive,

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either through adjustment of status or consular immigrant visa application. Those with priority dates that are earlier than the date listed for that visa category and country can proceed with their applications.

On June 27, 2013, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S. 744) passed the Senate by a vote of 68 to 32. The bill, which was introduced in the Senate on April 17, 2013 by the Senate “Gang of Eight,” would allow a path to citizenship for the estimated 11 million undocumented immigrants in the United States and proposes significant changes to employment-based immigration laws.

On June 27, 2013, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S. 744) passed the Senate by a vote of 68 to 32. The bill, which was introduced in the Senate on April 17, 2013 by the Senate “Gang of Eight,” would allow a path to citizenship for the estimated 11 million undocumented immigrants in the United States and proposes significant changes to employment-based immigration laws. Below is a brief summary of the bill’s key provisions.