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
- Proposed H-4 EAD Rescission Regulation Pending Review at OMB It has been widely reported, including by the American Immigration Lawyers Association, that on February 20, 2019 the Department of Homeland Security (DHS) sent a proposal to the Office of Management and Budget (OMB) as per normal regulatory procedure to rescind the H-4 spouse employment authorization document (H-4 EAD) regulation. Reportedly, approximately 90,000 H-4 EAD-holders will be affected if the rule is rescinded. According to procedure, OMB will first review the DHS proposal, the text of which has not yet been... More
- Premium Processing Now Available for H-1B Petitions filed on or before December 21, 2018 Beginning today, Tuesday, February 19, 2019, USCIS is resuming premium processing for H-1B petitions that were filed on or before Dec. 21, 2018. In its February 15, 2019 announcement, USCIS explained that H-1B Petitioners in this grouping who wish to upgrade a pending H-1B petition with a premium processing request should: Include a copy of the request for evidence (RFE), if an RFE was issued. Include a copy of the transfer notice (if the petition was transferred) and be sure to submit the... More
- FY2020 H-1B Cap: Registration and Lottery Selection Update Cap-subject US employers and their prospective employees alike have been waiting on edge to find out whether the FY2020 H-1B Cap Season would proceed as before or whether US Citizenship and Immigration Service’s (USCIS’s) recently proposed significant changes would be implemented to take effect before April 2019. The result: the Registration requirement will not take effect in April 2019, but the lottery will be held with the selection process reversed What does this mean? In effect and as anticipated, US employers... More
- H-1B Cap Season: Important Proposed Changes The Department of Homeland Security (DHS) has issued its long-awaited Notice of Proposed Rulemaking (NPRM) to amend USCIS Regulations relating to cap-subject H-1B petitions filed under both the regular cap and advanced degree exemption. Comments from the public may be submitted to the agency within the next 30 days. This does not affect cap-exempt H-1B petitions. While the proposed changes are subject to possible modification, be aware that the upcoming H-1B cap season will likely be dramatically different from past years. ... More
- 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