Podcast: The Effect of President Obama’s Executive Action on Immigration
In this podcast, Catherine Wadhwani and Robert Whitehill detail the potential impact of President Barack Obama’s Immigration Accountability Executive Action in resolving the nation’s immigration issues.
Immigration View Blog - View Blog
U.S. immigration law comprises a system of highly complex, intricate, many-layered statutes, regulations, informal agency materials and policies which are often influenced by the current political climate. Anyone attempting to navigate this system needs attorneys well versed in the nuances of this multifaceted process. Join our experienced immigration bloggers as they provide regular updates for employers on the full gamut of immigration issues ranging from hiring, compliance and employment best practices to the latest developments in visa news and coverage of significant immigration-related decisions, as well as practical advice to ease the immigration process.
Recent Blog Posts
- FY2017 H-1B Cap: Data Entry Complete for Lottery Winners Moving quickly along, the US Citizenship and Immigration Services (USCIS) informed the public that it completed data entry of all “winning” fiscal year 2017 (FY2017) H-1B cap-subject petitions (i.e., petitions that were selected in the computer-generated random process). The announcement was made on May 2, 2016. Considering that approximately 236,000 H-1B cap-subject petitions were received by USCIS in early April, it is quite a feat that the Immigration Service conducted the lottery and completed data entry on the selected petitions so fast. Due to... More
- FY2017 H-1B Cap: Premium Processing to Start on May 12, 2016 This just in…the U.S. Citizenship and Immigration Services (USCIS) issued a news release on Friday, April 22nd stating that the premium processing clock will start on Thursday, May 12, 2016. In other words, on May 12, 2016, USCIS will begin premium processing for cap-subject H-1B petitions. Readers may recall that an H-1B petitioner may opt to pay an extra filing fee of $1,225.00 in exchange for premium or 15 calendar-day processing of an H-1B petition. Premium processing may be requested along... More
- FY 2017 H-1B Cap: What are the Odds? For FY 2017, the US Citizenship and Immigration Services (USCIS) received approximately 236,000 cap-subject H-1B petitions—which is more than last year by about 3,000 petitions. Because the number of available spots remained the same, the odds of “winning” the H-1B Cap Lottery are slightly worse than last year. Using the limited information available and basic mathematical calculations, simple math shows that the overall odds of receiving a number in the FY 2017 H-1B cap are just over 33%. If you deduct... More
- FY 2017 H-1B Cap Reached on April 7, 2016 As anticipated, the number of cap-subject H-1B petitions filed by U.S. employers exceeded the 65,000 general cap and the 20,000 master’s degree exemption for fiscal year 2017 (FY2017). Yesterday, April 7, 2016, U.S. Citizenship and Immigration Services (USCIS or the Immigration Service) announced that the FY 2017 H-1B cap had been reached and that it had also received more than 20,000 petitions under the master’s or higher degree exemption. At this point the Immigration Service will turn its attention to initial intake on... More
- FY 2017 H-1B Cap Petitions: What to Expect As you likely know, April 1st was the first day when cap-subject H-1B petitions could be accepted for Fiscal Year 2017. Now that the filings have started, here is a quick summary of some key information provided by the U.S. Citizenship and Immigration Services (USCIS or Immigration Services) in a March 16, 2016 release captioned, “USCIS Will Accept H-1B Petitions for Fiscal Year 2017 Beginning April 1, 2016”: The congressionally mandated H-1B cap remains at 65,000 for FY 2017 along with... More
- Current edition of Form I-9, Employment Eligibility Verification, Remains Effective After March 31, 2016 Today the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) confirmed that employers should continue using the current edition of the Form I-9, Employment Eligibility Verification until further notice, despite the date of expiration noted on the form of March 31, 2016. Per USCIS, this current version of the form continues to be effective even after the Office of Management and Budget control number expiration date of March 31, 2016, has passed. USCIS will provide updated information about... More
- H-1B Cap Season FY 2017 is Here: Be Prepared Demand for H-1B numbers is likely to remain high during Fiscal Year 2017 (FY2017). It remains to be seen whether proposed and actual changes to the Immigration Regulations, such as extended STEM OPT EADs, H-4 EADs, etc., will reduce the demand or alleviate the lottery for H-1B numbers. If you are a cap-subject employer, it’s time to think about your hiring needs if you are considering petitioning for H-1B status for a new foreign hire. You may recall that during the past... More
- I-924A EB-5 Regional Center Filing Deadline Nears The Immigration Service has issued a reminder to designated EB-5 Regional Centers to file a Form I-924A Supplement to Form I-924 no later than December 29, 2015. The I-924A filing is required in order for a Regional Center to show its continued eligibility for designation and participation in the Regional Center program. This filing requirement applies to all approved Regional Centers issued a designation letter dated on or before September 30, 2015. It does not include terminated Regional Centers nor... More
- Visa Bulletin Dates for Filing and When USCIS will Follow Them Confused as to when you may file an I-485 Application for Adjustment of Status? Beginning with the October 2015 State Department Visa Bulletin additional information appears pertaining to when an intending immigrant may file an application for adjustment of status. This is specifically relevant to those for whom a visa number is not immediately available, such as those in the EB-2 Category from China or India, or those in the EB-3 Category from China, India, Mexico or the Philippines, among others. In... More
- STEM OPT for 24 months? With the end of STEM OPT looming, the US Department of Homeland Security (DHS) published a much-awaited Proposed Rule on October 19, 2015, regarding STEM OPT and Cap-Gap Relief. (See https://www.federalregister.gov/articles/2015/10/19/2015-26395/improving-and-expanding-training-opportunities-for-f-1-nonimmigrant-students-with-stem-degrees-and.) Highlights of the Proposed Rule, captioned “Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students with STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students”, include: 24-months of employment authorization, an increase of 7 months from the current 17-month extension period (up to two times if the 2nd is based on... More