Blog – Immigration View

https://immigrationview.foxrothschild.com/

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

  • CBP to Email I-94 Expiration Dates US Customs and Border Protection (CBP) announced yesterday that beginning on May 31, 2017, it will email reminders to Visa Waiver Program travelers notifying them of their “last possible departure date from the US”.  In addition, CBP added a feature to its website https://i94.cbp.dhs.gov/I94/#/home so that travelers may check their last possible departure date online.  For now, only those admitted to the US under the Visa Waiver Program can benefit from the new features, but CBP indicated that it will incorporate... More
  • Law360 Article: Potential EB-5 Changes Ahead Fox counsel Ali Brodie, who heads Fox’s EB-5 Immigrant Investor Services practice, has written a piece for Law360 providing a comprehensive view of reform efforts centered on the EB-5 program. Extended to September 30, 2017, there are now bipartisan discussions to update and improve the program. Changes being discussed include reclassification of Targeted Employment Areas (TEAs), increases to minimum investment amounts, and stricter integrity and oversight measures. Lawmakers are also considering changes to the number of visas available annually, and more efficient... More
  • EB-5 Alert! Proposal to Extend EB-5 Regional Center Program Today, Congress submitted a proposed omnibus spending bill to extend funding to the government through September 30, 2017.  The EB-5 Regional Center Program is included in the bill which proposes a clean extension without any of the much-debated reforms.  If approved, the EB-5 Regional Center Program will be extended through September 30, 2017, offering lawmakers and stakeholders additional time to reach a long-term legislative solution.... More
  • EB-5 Alert! Congress Extends EB-5 for One Week Today, Congress extended the EB-5 Program for 1 week through May 5, 2017.  The Program was extended as part of a continuing resolution (CR) funding the federal government through May 5, 2017, thus preventing a government shutdown.  The EB-5 Program would have otherwise sunset today.  The President has until midnight tonight to sign the CR. This is welcome news for EB-5 industry stakeholders as the program is alive for another week and allows more time for negotiations with lawmakers, with the... More
  • Immigrant Visa Processing Changes – EB1 India and China will retrogress; EB2 China will advance; Visa Office on Priority Dates, Demand, and Predictions In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the various immigrant preference categories with AILA (the American Immigration Lawyers’ Association). Below are highlights from the most recent “check-in with Charlie” (April 16, 2017), reflecting his analysis of current trends and future projections for the various immigrant preference categories. This month, Charlie offers his analysis of current trends... More
  • President Trump signs new Executive Order: ‘Buy American and Hire American’, impacting the H-1B visa program On Tuesday, April 18, 2017, President Donald Trump signed a new Executive Order, “Buy American and Hire American.” The new Order states that its first purposes is to focus on conducting studies and putting forth plans for federal agencies to immediately maximize the use and procurement of materials and products made in the U.S. (“Buy American”). The second stated purpose of the Order focuses on a review of current immigration policies and regulations, specifically at H-1B visa program, and non-immigrant visa... More
  • Form I-9 Alert!: Social Security Number Glitch On April 17, 2017,  USCIS alerted stakeholders concerning a glitch on the Form I-9.  The glitch specifically relates to any Form I-9 downloaded between November 14, 2016 and November 17, 2016 and the employee’s Social Security number.  Employers who downloaded Form I-9 during this brief period should ensure the employee’s Social Security Number appears correctly in Section 1.  As explained by USCIS, numbers inserted in Section 1- Social Security number field were transposed when the Form I-9 was completed and... More
  • H-1B Lottery Update! Today, USCIS announced it has completed the H-1B cap FY 2018 random selection process (also known as the H-1B lottery).  This means USCIS has completed the lottery and has selected enough petitions to meet the 65,000 regular-general cap and the 20,000 cap under the advanced degree exemption.   USCIS will reject and return all unselected H-1B cap petitions.  The government reported receiving a total of 199,000 H-1B cap petitions during the H-1B cap FY 2018 filing period, which started on April... More
  • H-1B for Computer Professionals – New Developments In the last few days, there have been a number of government announcements concerning the popular H-1B Temporary Worker status. Of course, these announcements come after this year’s crop of new H-1B visa applications have been sent to USCIS. Some of the linked announcements are warnings and others are disquieting. What does all of this mean? The Department of Justice cautions that employers seeking H-1B visas may not discriminate against US workers. The focus is on H-1B workers whose employment intentionally displaces... More
  • FY2018 H-1B Cap Random Lottery Confirmed During this time of increased unpredictability in US immigration law, it was good to see that the US Citizenship and Immigration Service had confirmed that the upcoming FY2018 H-1B random lottery will be conducted in the same manner as in past years.  Kudos to the American Immigration Lawyers Association (AILA) for publishing the following:  USCIS confirmed that the process for receiving and receipting H-1B cap cases for Fiscal Year 2018 will be the same as with prior years, including a random... More