Blog – Immigration View

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

  • EB-5 Alert! EB-5 Given Six-Month Extension The EB-5 Program has been extended for six months, through September 30, 2018, as part of the omnibus spending bill funding the federal government. Congress passed the spending bill early Friday morning and President Trump signed the bill today. The extension of the EB-5 Program does not include any of the controversial reforms.  Potential reforms include increasing the minimum investment amount, creating additional safeguards, and instituting a visa set-aside for rural projects. I invite you to read my May 2017 article published... More
  • No Premium Processing for 2019 Cap-Subject H-1B Petitions Today, United States Citizenship and Immigration Services (USCIS) announced the temporary suspension of premium processing for all FY 2019 cap-subject petitions. USCIS expects this suspension to last until Sept. 10, 2018. During this time, USCIS will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap.... More
  • DOS Moves US Spouse/Unmarried Minor Child Interviews from New Delhi to Mumbai On March 6, 2018, the US Department of State announced a change in the location of certain greencard interviews in India. In summary, for interviews scheduled on or after April 1, 2018: The US Embassy in New Delhi will no longer conduct interviews for US Permanent Residence for the spouse (IR1/CR1) and the unmarried minor child(ren) (IR2/CR2) of a US citizen The US Consulate General in Mumbai will begin conducting interviews for US Permanent Residence for the spouse and the unmarried minor child(ren)... More
  • USCIS deletes “Nation of Immigrants” Language from Mission Statement Recently, United States Citizenship and Immigration Services (USCIS) changed the language in the agency’s Mission Statement.    Previous language recognized that the United States is a “nation of immigrants”.   USCIS Director L. Francis Cissna provided a statement to explain the reasoning behind the change. New Mission Statement:  U.S. Citizenship and Immigration Services administers the nation’s lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our... More
  • STATE OF THE UNION ADDRESS – IMMIGRATION POINT SUMMARY Last evening, President Trump delivered his State of the Union Address, which touched on many aspects of immigration.  The President’s plan consists of four pillars, summarized below: 1.)  Path to Citizenship for 1.8 million “illegal” immigrants (often referred to as Dreamers) who were brought here by their parents at a young age.  President Trump claimed that this number covers almost three times more people than the previous administration (under Deferred Action for Childhood Arrivals (DACA)). Under the Trump plan, those who... More
  • What if the Government Shuts Down Tonight (1/19/2018)?: Impact on Immigration Services Congressional negotiations on a federal spending bill remain very active. To avoid a federal government shutdown, a decision or a short-term continuing resolution (CR) to fund the government at current levels must be reached by Friday, January 19, 2017. Until a deal is made or a CR is passed, the threat of a shutdown remains a possibility. Generally, if the government shuts for budgetary reasons, all but “essential” personnel are furloughed and are not allowed to work. Such a shutdown will... More
  • Tax Delinquents Beware: Your Passport Is Now Officially at Risk Fox partner Matthew D. Lee has published a client alert warning that individuals who owe more than $51,000 in back taxes are now at risk of losing their U.S. passports. This has arisen under a new law requiring the Internal Revenue Service to notify the State Department of taxpayers with “seriously delinquent tax debts.” This month the IRS will begin the process of certifying delinquent taxpayers to the State Department, which is required by law to deny passport applications or renewals filed... More
  • DACA Injunction: Renewals Continue For Now On January 9, 2018, U.S. District Judge William Alsup of the Northern District of California granted an injunction that resulted in provisional relief for current DACA recipients by allowing them to renew their DACA benefits which include employment authorization and deferred action from removal. USCIS recently posted on its website that due to the federal court order, the agency has resumed accepting requests to renew a grant of deferred action under DACA. USCIS indicates that as of now, the DACA... More
  • Temporary Protected Status for El Salvador Terminated Effective 9/18/2019 Today, January 8, 2018, the Secretary of Homeland Security, Kirstjen M. Nielsen, announced her determination that termination of the Temporary Protected Status (TPS) designation for El Salvador was required pursuant to the Immigration and Nationality Act.  To allow for an orderly transition, she has determined to delay the termination for 18 months, which means the designation will terminate on Sept. 9, 2019. According to the notification published today, the Department of Homeland Security (DHS) states that the decision to terminate TPS... More
  • Ugly Rumors The American Competitiveness in the Twenty First Century Act of 2000 (AC21) has provisions that extend H-1B visas beyond the 6-year limit for those in the process of becoming US lawful permanent residents.  AC21’s Section 106(a) allows H-1B extensions in 1-year increments beyond the 6-year limit if a labor certification, immigrant visa petition (I-140) or employment-based adjustment of status (I-485) application was filed more than 365 days prior to the expiration of the H-1B status. Section 104(c) of the statute allows 3-year... More