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

  • EB-5 Alert!  DHS to Publish Proposed Rules Addressing TEAs and Minimum Investment Amount Ali Brodie writes: Today, January 13, the Department of Homeland Security (DHS) will expand upon the notice of proposed rulemaking released on January 11, 2017 by publishing a Notice of Proposed Rulemaking in the Federal Register, titled ‘EB-5 Immigrant Investor Program Modernization,’ addressing a variety of policy issues including Targeted Employment Area (TEA) designation and minimum investment amounts.  Notably, minimum investment amounts may increase from $500,000 to $1.35 million for TEA investments, and from $1 million to $1.8 million for non-TEA... More
  • Immigrant Registrations Obsolete and Active One of the possible weapons that could have been used to target certain immigrants, especially Muslim immigrants, was removed from the Immigration Regulations of the Department of Homeland Security on December 23, 2016. NSEERS, National Security Entry-Exit Registry System, was a post-9/11 reaction to terrorist attacks on our country.  Under the NSEERS program, approximately 90,000 non-immigrants in the US from 25 different countries were required to report to Immigration (then INS) and be personally interviewed to determine if they were in... More
  • USCIS Releases New Form Versions, Effective Immediately, without prior notice Today, December 23, 2016, USCIS posted a large number of new form versions. The forms all have an effective date of today, December 23, 2016, and the website indicates that no other versions of the forms are acceptable, with the exception of Form I-129.  It appears USCIS is continuing to accept prior version of Form I-129. No prior notice of these changes was given, and there was no alert sent to stakeholders today. Because USCIS elected to deviate from its... More
  • USCIS Fees Increasing on Dec. 23, 2016 – Citizenship, Adjustment, Nonimmigrant visas all affected On October 24, 2016, the United States Citizenship and Immigration Service (USCIS) published a final rule confirming an increase to the processing fees for most of the applications and petitions it handles. This is a result of USCIS’ comprehensive review of the fee schedule for the fiscal year 2016/2017 the first USCIS fee increase since November 2010. The new fees will go into effect on December 23, 2016, which means that all applications or petitions postmarked on or after this... More
  • Expansive Final Rule Affecting Employment-Based Immigrant and Nonimmigrant Visa Programs Published – good news for H-1B visa holders and those seeking permanent residency On November 18, 2016, US Department of Homeland Security (DHS) published a final rule to “improve aspects of certain employment-based nonimmigrant and immigrant visa programs.” This final rule also “amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents.” The final rule will take effect on January 17, 2017. We will provide more in depth analysis and information in... More
  • Efforts to Address Immigration Anxiety As people digest the possible immigration changes of a new administration in Washington, there is an effort to calm the anxiety. Today, President Obama issued a statement that is aimed at “DREAMers” who have had the opportunity to come out of the shadows, secure a legal status, including employment authorization and a driver’s license by virtue of the DACA (Deferred Action for Childhood Arrivals).   DACA is based on executive action and may be done away with by a new administration. Mr. Obama... More
  • Immigration… One Week After. It’s hard to write about the immigration consequences of the election in a non-political way.  Campaign rhetoric makes millions of immigrants and millions more citizens anxious.  The immigrants include people who are undocumented and those who are documented, new arrivals, longtime residents and prospective immigrants to the US.  Most of the immigration-related campaign themes of President-elect Donald Trump concern undocumented and criminal immigrants, refugees and potential terrorists…not employment-based immigration for documented immigrants.   “Building a wall” is both literal and figurative. ... More
  • New Form I-9 Released U.S. Citizenship and Immigration Services (USCIS) released a new revised version of Form I-9 on Monday, November 14, 2016.  The previous editions of the Form (with “03/08/13” in the lower left corner) will remain valid until January 21, 2017. After this date, only the new Form (with “11/14/16” in the lower left corner) is acceptable. Both the English and Spanish (available for use only in Puerto Rico) have been revised. All U.S. employers are required to complete a Form I-9 for... More
  • The New I-9 is coming The Office of Management and Budget (“OMB”) has approved the latest revisions to the current Form I-9, which expired on March 31, 2016 but remains valid until the new edition is released.  The new form will replace the 2013 version and will be valid until August 31, 2019. The OMB notice indicates that USCIS “may accept the prior version of Form I-9, for 150 days,” however, USCIS has yet to issue any statements or any intended plans on when it will... More
  • Immigrant Visa Processing Changes – EB2 Worldwide current in Oct; EB2 India and China advance, but remain behind EB3; 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” (September 12, 2016), 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