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

  • ICE levies largest settlement ever: Asplundh Tree Expert Co to pay $95 million dollars. Asplundh Tree Expert Co., one of the largest privately owned corporations in the country, with 30,000 employees and 3.5 billion in annual sales, according to Forbes, has been ordered to pay $95 million in the largest fine against a company for hiring thousands of immigrants who did not have permission to work in the U.S., according to federal officials. Asplundh, a 90-year-old, family-owned company that employs 30,000 workers in the U.S., Canada, Australia, and New Zealand, clears brush and vegetation... More
  • USCIS Reinstates Premium Processing for ALL H-1B Petitions On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting premium processing requests for all categories of H-1B petitions.  In March 2017, USCIS had suspended the premium processing program for H-1B petitions, citing the need to reduce its overwhelming processing backlog. Over the past several months, USCIS phased in premium processing for certain limited categories of H-1B petitions.  USCIS’s latest announcement allows employers to file any type of H-1B petition, including those seeking extension of... More
  • The new redesigned Permanent Resident Card (“Green Cards”) and Employment Authorization Document On May 1, 2017, the U.S. Citizenship and Immigration Services began issuing redesigned versions of the Permanent Resident Card (aka a “Green Card”) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. The redesigned cards use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant than the ones currently in use. USCIS states that the new card designs are part of an ongoing effort between USCIS, U.S.... More
  • Premium Processing of H-1B Petitions Further Expanded, Effective Immediately The US Citizenship and Immigration Service (USCIS) announced today, September 18, 2017, that it will again expand its resumption of premium processing for additional types of H-1B petitions. Effective immediately, H-1B petitions subject to the Fiscal Year 2018 cap are eligible for premium processing.  This includes petitions under the 65,000 cap and the 20,000 additional petitions for beneficiaries with a US master’s or higher degree.  Readers may recall that the FY 2018 cap was reached in April 2017.  Those pending filings... More
  • Key Points to know about the Rescission of DACA On September 5, 2017, the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) officially rescinded the program known as Deferred Action for Childhood Arrivals (DACA) and implemented a six month phase out process. Pursuant to its official memorandum and FAQ, USCIS will allow current DACA recipients to keep their work authorization and deferred action status/benefits until they expire and take the following steps to end the DACA program: Initial DACA Applications: USCIS will continue to adjudicate properly filed... More
  • Feeling Lucky? This may be the last chance to participate in the lottery.  Not the Powerball Lottery that recently topped $700,000,000, but the Diversity Lottery that will provide 50,000 immigrant visas in fiscal year 2019.  The Diversity Lottery (DV) is for immigrants from countries with historically low rates of immigration to the US. Although the proposed RAISE Act would eliminate the DV program, at least for now it is still alive and well.  On September 7, 2017, the Department of State announced... More
  • Rescission of Deferred Action for Childhood Arrivals DACA program: Important Information You Need to know On September 5, 2017, Attorney General Jeff Sessions announced the rescission of the program known as Deferred Action for Childhood Arrivals (DACA) pursuant to President Donald J. Trump’s decision to terminate DACA.  On the same day the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) issued an official memorandum outlining how it will wind down the program. Former President Barack Obama established the Deferred Action for Childhood Arrivals (DACA) Program (https://www.uscis.gov/archive/consideration-deferred-action-childhood-arrivals-daca) five years ago with an executive order... More
  • EB-5 Regional Center Program Reauthorized to Dec., 8, 2017 The U.S. Congress extended the EB-5 Regional Center Program through December 8, 2017, without reform, as part of a stopgap continuing resolution to fund the federal government (H.R.601), which the President signed into law on September 8. The language in H.R.601 Section 106 states that the program is “extended to December 8,” which does not necessarily mean “guaranteed to remain unchanged until December 8.” Congress is reportedly actively working on a major EB-5 reform bill and they could come up with legislation before... More
  • Immigrant Visa Processing Changes – EB1 China/India will become current; EB2/3 India and China continue to advance; EB2/3 Worldwide will remain current; 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” (August 11, 2017), reflecting his analysis of current trends and future projections for the various immigrant preference categories. As the September Visa Bulletin sets forth the final... More
  • Premium Processing Resumes for Certain Cap-Exempt H-1B Petitions, Effective Immediately The US Citizenship and Immigration Service (USCIS) announced today, July 24, 2017, that it will again expand its resumption of premium processing for certain types of H-1B petitions. Effective immediately, H-1B petitioners who are (or have a sound argument that they are) exempt from the H-1B cap, are eligible to request premium processing.  This includes petitioners that are: An institution of higher education, A nonprofit related to or affiliated with an institution of higher education, or A nonprofit research or governmental research organization. In addition,... More