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

  • Travel Ban During H-1B Season Words matter.  The words of President Trump as President of the United States and as candidate Trump have been heard by the Courts, not of public opinion, but of the US District Court of Hawaii.  In the Court Order enjoining the implementation of the Administration’s second travel ban Executive Order, the words  “Muslim Ban” used by Mr. Trump and his surrogates were found to be a true and impermissible purpose of the ban.  That provides some relief for the citizens... More
  • I-9 Guidance for Employers Updated: New Handbook for Employers Available USCIS published the updated M-274, Handbook for Employers: Guidance for Completing Form I-9. The Handbook for Employers provides employers with detailed guidance for completing Form I-9, Employment Eligibility Verification. This version, published on Jan. 22, 2017, replaces the previous version which was published on April 30, 2013. It reflects revisions to Form I-9, which was revised on Nov. 14, 2016. You can review highlights of the changes in the Table of Changes for Revised M-274. ___________________________ Alka Bahal is a Partner and... More
  • Travel Ban Revisited: New Executive Order Targets Only 6 Countries The Trump Administration issued a revised Executive Order on travel with an apparent desire to survive a court challenge by modifying some of the elements that judges found troubling in the January 27 travel ban. Copyright: pigprox / 123RF Stock Photo Issued March 6, the new ban, captioned “Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States,” has an effective date of Thursday, March 16 — allowing a 10-day window for foreign nationals, federal agencies and others to... More
  • No PP for H-1B Cap Petitions: USCIS Suspends Premium Processing for ALL H-1B Petitions On March 3, The U.S. Citizenship and Immigration Service (USCIS) announced that it will temporarily suspend premium processing for all H-1B petitions starting on April 3, 2017 until further notice. This suspension is anticipated to last for a period of up to 6 months. During this suspension, Petitioners are unable to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification. USCIS has indicated that it will... More
  • 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