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
- 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
- Health Care Services Related to COVID-19 and USCIS’s Public Charge Rule By Catherine V. Wadhwani and Robert S. Whitehill Without fanfare, U.S. Citizenship and Immigration Services (USCIS) recently updated its website with an Alert https://www.uscis.gov/greencard/public-charge relating to its Public Charge requirements in the context of the Novel Corona Virus Disease (COVID-19) pandemic. As concerns about the spread of COVID-19 in the U.S. increase, USCIS recognized that those grappling to fully understand its recent Public Charge Rule may be so concerned about the impact on their immigration status that they may refrain from... More
- FY2021 H-1B Cap Electronic Registration Now Open Ready or not, it’s time to electronically register for the upcoming H-1B Cap Lottery. The registration period began at 12:00 noon Eastern Time on Sunday, March 1, 2020 and will end at 12:00 noon Eastern Time on Friday, March 20, 2020. Unlike in past years, this year, USCIS has implemented an electronic registration process as the means by which prospective H-1B petitioners may register for the Fiscal Year 2021 H-1B Cap Lottery. The electronic registration is for cap-subject H-1B petitioners interested in... More
- New Version of Form I-9 Now Available Today, Jan. 31, 2020, USCIS published the long awaited new version of the Form I-9, Employment Eligibility Verification for immediate use. The Department of Homeland Security (“DHS”) published a notice today in the Federal Register announcing the official release of the new version of the form, as approved by Office of Management and Budget on Oct. 21, 2019. This edition of the form replaces all other forms and should be used immediately for all new hires and reverifications. The previous edition of the Form (with... More
- FY2021 H-1B Cap Registration Quick Reference Ready or not, H-1B Cap Registration Season is upon us. And things are a little different this Cap Season. That’s because USCIS formally announced via a January 9, 2020 Federal Register notice that it will change the lottery system and implement its previously proposed Electronic H-1B Registration Process. Beginning with FY2021 H-1B cap season, rather than filing complete H-1B petitions, the “season” will kick off with an electronic registration process for employers. If electronic registrations exceed the H-1B cap of 65,000... More