Podcast: The Effect of President Obama’s Executive Action on Immigration
In this podcast, Catherine Wadhwani and Robert Whitehill detail the potential impact of President Barack Obama’s Immigration Accountability Executive Action in resolving the nation’s immigration issues.
Immigration View Blog - View Blog
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
- Unselected FY 2019 H-1B Cap Filings Returned to Petitioners USCIS announced yesterday that it has returned all FY2019 cap-subject H-1B petitions that were not selected in the “lottery”. You may recall that between April 2-6, USCIS received 190,098 FY 2019 cap-subject H-1B petitions. In May, USCIS completed its computer-generated random selection process for 20,000 US advanced degree petitions as well as the 65,000 remaining FY2019 spots. Many of these petitions were subject to requests for more evidence (RFEs). Simple division indicates that for FY 2019, ~45% of the H-1B petitions were... More
- Court Addresses Conflict Between State and Federal Immigration Requirements Last week the U.S. District Court for the Eastern District of California issued its ruling in United States of America v. State of California. Fox Rothschild’s Jeffrey D. Polsky, L&E Department Co-Chair offers an insightful summary of the decision, which has implications for both immigration law and California employment law. To view Jeff’s post on our California Employment Law blog, click here https://californiaemploymentlaw.foxrothschild.com/2018/07/articles/advice-counseling/court-addresses-conflict-between-state-and-federal-immigration-requirements/. ... More
- DOS Moves US Spouse/Unmarried Minor Child Interviews from New Delhi to Mumbai On March 6, 2018, the US Department of State announced a change in the location of certain greencard interviews in India. In summary, for interviews scheduled on or after April 1, 2018: The US Embassy in New Delhi will no longer conduct interviews for US Permanent Residence for the spouse (IR1/CR1) and the unmarried minor child(ren) (IR2/CR2) of a US citizen The US Consulate General in Mumbai will begin conducting interviews for US Permanent Residence for the spouse and the unmarried minor child(ren)... 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
- 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
- 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
- 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
- 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
- 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
- FY2017 H-1B Cap: Data Entry Complete for Lottery Winners Moving quickly along, the US Citizenship and Immigration Services (USCIS) informed the public that it completed data entry of all “winning” fiscal year 2017 (FY2017) H-1B cap-subject petitions (i.e., petitions that were selected in the computer-generated random process). The announcement was made on May 2, 2016. Considering that approximately 236,000 H-1B cap-subject petitions were received by USCIS in early April, it is quite a feat that the Immigration Service conducted the lottery and completed data entry on the selected petitions so fast. Due to... More