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

  • USCIS Publishes More Startup-Friendly International Entrepreneur Rule, But Future Remains Unclear Copyright: dvrcan / 123RF Stock Photo On our Emerging Companies Insider blog, Fox associate Alex Radus provided an update on the new International Entrepreneur Rule by the U.S. Citizenship and Immigration Services (USCIS). The rule, which would grant limited entrée to entrepreneurs establishing stateside startups, has undergone a public comment period. Slated to become effective July 17, 2017, the rule would permit the Secretary of Homeland Security to offer parole (temporary permission to be in the U.S.) to individuals whose businesses provide “significant... More
  • Federal Appeals Panel Upholds Injunction Blocking Trump’s Immigration Ban A unanimous three-judge panel has rejected the Trump Administration’s bid to revive a travel ban that would have blocked most travel into the United States by natives of seven Middle Eastern and African countries – Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.  For businesses, universities, individuals and others potentially affected by Trump’s executive order, the situation remains far from certain because the government has vowed to take the fight to the U.S. Supreme Court. In its Feb. 9 ruling, the Ninth... More
  • Travel Ban Lifted: Court Grants Nationwide Temporary Restraining Order on Trump’s Executive Order On February 3, 2017, a Seattle federal court judge granted Washington State and Minnesota’s emergency motion for a temporary restraining order (TRO) in its challenge to President Trump’s Executive Order (EO) on “Protecting the Nation from Terrorist Attacks by Foreign Nationals.” In accordance with the court ruling, the Department of Homeland Security (DHS) has suspended any and all actions implementing the affected sections of the EO, including actions to suspend passenger system rules that flag travelers for operational action subject to... More
  • Update to Naturalization Test Questions after the Presidential Inauguration  The civics test is an oral test which is required in the Naturalization application process. The USCIS Officer will ask the applicant up to 10 of the 100 civics questions and the applicant must answer 6 out of 10 questions correctly to pass the civics portion of the naturalization test. On the naturalization test, some answers may change to reflect the result of federal and state elections and appointment or to clarify content and ensure consistency in terminology. After the... More
  • Trump Suspends U.S. Entry by Nationals of Seven Predominantly Muslim Countries An executive order titled “Protecting the Nation from Terrorist Attacks by Foreign Nationals” is expected to be issued on Jan. 26, 2017 and will have the immediate effect of blocking entry into the United States by anyone born in seven named countries – including lawful permanent residents who are natives of those countries. President Trump says in the draft text: “I hereby find that the immigrant and non-immigrant entry into the United States of aliens from (… Iran, Iraq, Sudan, Somalia,... More
  • Immigrant Visa Processing Changes – EB1 India will retrogress; EB2 China will advance, but EB2 India will not change; EB3 Worldwide 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” (January 13, 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
  • 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