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
- Get Ready for H-1B Cap Season, With or Without Changes Following up on its November announcement, last week USCIS issued a Final Rule to change the way cap-subject H-1B petitions are selected. The Final Rule (which is unchanged from the proposed November Rule) would significantly alter the H-1B cap selection process by creating a tiered selection system. The tiered system would be based on the four OES (Occupational Employment Statistics) Wage Levels and would strongly favor employers who can pay the highest wage for the occupation in the area of employment. USCIS... More
- Meeting Patient Needs with J-1 Waivered Physicians We hear the reports daily. COVID-19 cases are spiking nationwide. Hospitals and health care facilities are at maximum capacity. Even with progress toward the availability of a vaccine, it’s not clear exactly when things will return to a state of normalcy. Health care employers in many areas of our country continue to have difficulty recruiting physicians to meet patient needs. With the ongoing pandemic, this is more urgent than ever. One option that may help health care employers when a US... More
- Selection in the H-1B Cap Lottery if the Proposed New Process Takes Effect? On November 2, 2020, the Department of Homeland Security issued a Notice of Proposed Rulemaking (NPRM) announcing its plan to drastically change the way USCIS selects the H-1B Cap registrations of U.S. employers. If the Proposed Rule is finalized in its current form and made effective, this would affect the registration selection process for employers and their prospective H-1B employees. You may recall that for last year’s H-1B Cap Season, the agency implemented an electronic registration step that preceded the actual... More
- Trump’s Executive Order Suspends Nonimmigrant visas, including H-1B, L-1 and J-1, for the rest of the year Yesterday, June 22, 2020, President Trump issued the anticipated Proclamation suspending the entry into the US of certain nonimmigrant visa holders. Specifically, the following new restrictions are in effect 6/24/2020: The executive order applies to foreign nationals who seek to enter the United States in H1B, H-4, H2B, L-1, or L-2 status (as well as all accompanying or following to join family members). The order also applies to those requesting admission in J status “…who are participating in an intern, trainee, teacher,... More
- Premium Processing Resumes: June 2020 Phase-In Dates On Friday, May 29, 2020, U.S. Citizenship and Immigration Services (USCIS) announced plans for the phased-in resumption of premium processing for eligible I-140 Immigrant Petition for Alien Worker petitions and eligible I-129 Nonimmigrant Worker petitions. (See USCIS website at https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-certain-petitions.) USCIS temporarily suspended premium processing availability for all eligible Form I-129 and I-140 petitions on March 20, 2020, due to the coronavirus (COVID-19) national emergency. After nearly two months without premium processing, this is welcome news. Of course, the announcement includes... More
- J-1 Waiver Physicians: COVID-19 Reduction in Hours and Telehealth (Limited) Temporary Flexibility On May 11, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum relating to certain J-1 waivered foreign medical graduates during the COVID-19 national emergency. The memo, captioned “Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency” was issued solely as guidance to USCIS officers with regard to H-1B physicians who received and are fulfilling either an Interested Government Agency (IGA) waiver or Conrad 30 waiver. Relating to the COVID-19 pandemic, the memo addresses... More
- COVID-19 and I-9 Compliance: 30-Day Extension of Temporary Flexibility regarding In-Person Review of Documents for Certain Employers On Thursday, May 14, 2020, U.S. Immigration and Customs Enforcement (ICE) announced a 30-day extension to its previously announced temporary flexibility provisions relating to I-9 Employment Eligibility Verification compliance during the COVID-19 national emergency. Extension of the flexibility provisions is the result of “continued precautions related to COVID-19”. The COVID-19 I-9 flexibility provisions were originally valid for only 60 days and were set to expire on May 19, 2020. For eligible employers, the temporary flexibility measures defer the statutory physical presence... More
- USCIS Issues FY2021 H-1B Cap Lottery Results With lightning speed, USCIS closed the FY2021 H-1B Cap Registration Process, conducted the lottery (random selection process), and issued the lottery results. Since yesterday, March 27, 2020, the agency has been sending email notices prompting attorneys and registrants to check their “myUSCIS” online accounts for results. USCIS has stated that it intends to notify all employers whose registrations were selected no later than Tuesday, March 31, 2020. The myUSCIS account should show one of 3 statuses per registration: Submitted – This means that... More
- Initial FY2021 H-1B Cap Lottery Registration Closed; Winners to be Notified by March 31, 2020 Last Friday, March 20th at 12:00 noon US Eastern Time, USCIS closed the initial registration period for the Fiscal Year 2021 (FY2021) H-1B cap lottery. In order to be considered in the initial selection process for the H-1B cap lottery, prospective H-1B petitioners had to successfully register their prospective H-1B employees by the Friday deadline. If as expected USCIS received more electronic lottery registrations than the numerical limitation of 65,000 and the master’s cap exemption of 20,000, the agency will randomly... More
- AILA Letter to DHS regarding Form I-9 Compliance during COVID-19 Public Health Emergency On March 16, 2020, the American Immigration Lawyers Association (AILA) sent a letter to the Acting Secretary of the U.S. Department of Homeland Security seeking guidance regarding employer I-9 Employment Eligibility Verification requirements during the Coronavirus (COVID-19) public health emergency. In the letter, AILA requested guidance regarding “Form I-9 verification and reverification, E-Verify and compliance requirements for U.S. businesses throughout the remainder of [the] national emergency”. Of mounting concern among employers is the requirement that the I-9 process must be completed... More