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

  • Update on Rule on H-1B Registration Fee To update my September 5, 2019 post, USCIS has announced a final rule that requires a $10 non-refundable registration fee for each cap-subject H-1B submitted by petitioning employers.  USCIS announced that this registration fee will modernize operations and allow the agency to more efficiently process H-1B applications.  The rule goes into effect on December 9, 2019 and the registration fee will be required in order to file H-1B cap-subject petitions, including advanced degree exemption applications. Note that H-1B applications that are... More
  • Student Alert – Change to SEVP Portal Immigration and Customs Enforcement (ICE) recently announced changes to student’s access to the Student and Exchange Visitor Program (SEVP).    Instead of allowing  students  access to their portal accounts indefinitely, in the future student’s access will be limited after their optional practical training (OPT) authorization ends.  The government will soon only allow access to the SEVP Portal for up to six months after the students OPT ends.   Therefore, It is important for students to make a copy of their... More
  • Immigrant Visa Processing Changes – EB3 and EB1 unavailable through end of FY; EB-2 WW moves ahead, while EB-2 India inches forward and EB-2 China remains unchanged; 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” (August 16, 2019), reflecting his analysis of current trends and future projections for the various immigrant preference categories. This month, Charlie’s comments on the first quarter of... More
  • Yes, Employers should continue to use the expired version of the Form I-9 As you (should) know, the current edition of the Form I-9 expired on August 31, 2019.  USCIS has decreed that, until further notice, employers should continue using this 2017 edition of the Form I-9 (annotated with “Form I-9 07/17/17 N” in the lower left corner and “Expires 08/31/2019” in the upper right corner) until further notice.  This version of the Form is available on USCIS’ website for use in Fillable PDF, Print and Spanish (for employers in Puerto Rico only). Employers are to... More
  • Proposed Rule on H-1B Registration Fee The Department of Homeland Security (DHS) has published a notice in the Federal Register of a proposed rule to amend its regulations to allow for USCIS to require a $10 registration fee for each petitioner seeking to file H-1B cap-subject petitions.   Written comments are due by October 4, 2019.     As a reminder, April 1, 2020 will be the first day to file Fiscal Year 2021 H-1B cap-subject petitions and we anticipate further information from USCIS.    Immigration... More
  • EB-5 Alert! New Regulations Increasing the Minimum Investment Amounts and More! On Wednesday, July 24th 2019, the U.S. Department of Homeland Security published a new EB-5 regulation which will go into effect November 21, 2019.  The new EB-5 regulations will effectuate a number of changes, including increasing the minimum investment amounts, revising the standards for TEA determination, allowing investors to maintain their priority dates, and clarifying procedures for investors removing conditions on permanent residence. Increasing the Minimum Investment Amounts:  The new regulations increase the minimum investment amounts for TEA investments from $500,000 to... More
  • Reminder – End of Courtesy Premium Processing for Form I-539 filed with I-129 Petitions USCIS’ previous practice of adjudicating the I-539, Application to Extend/Change Nonimmigrant Status, filed with a qualifying I-129 petition under Premium Processing has ended.  USCIS now requires every I-539 applicant pay a biometrics fee and an Application Support Center appointment take place to capture the applicant’s biometrics.  This has led to I-539 applications taking substantially longer to process.  I-539 applications cannot be premium processed.     Applicants should contact an immigration attorney to discuss issues such as timing and travel restrictions. ... More
  • Immigration Can Continue to Make America Great, If We Let It! At a recent event, one of my former high school classmates who today is a distinguished Stanford University professor asked me whether there was much immigration legal work in Pittsburgh.  He then commented that 80 percent of his graduate students were foreign nationals. Of course, the same likely could be said for Carnegie Mellon or the University of Pittsburgh because a majority of graduate students in the nation’s science, technology, engineering and mathematics (STEM) fields are foreign nationals. Some surprising hard statistics... More
  • USCIS Completes FY 2020 H-1B Cap-Subject Data Entry Yesterday, United States Citizenship and Immigration Services (USCIS) announced that the agency has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the lottery. USCIS is still issuing receipt notices as a result of the computer-generated selection process.  We received a notice yesterday, so please note that others may be forthcoming.  Once all petitioners are notified, USCIS will start returning unselected petitions and issue an announcement.  There is no time frame in which this will happen. ... More
  • Additional H-2B Visas Available for Returning Workers The Department of Homeland Security and Department of Labor jointly announced the addition of 30,000 H-2B temporary worker visas for fiscal year 2019.  These additional visas are available only to returning workers who received an H-2B visa or were granted H-2B status in the past three fiscal years.  The returning worker visas will prioritize those businesses that submit an attestation to USCIS in which the petitioner affirms, under penalty of perjury, that if the petitioning employer does not receive all of... More