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

  • Premium Processing Fee Hike The U.S. Citizenship and Immigration Services (USCIS) announced that the filing fee for premium processing will increase from $1,225 to $1,410, beginning on October 1, 2018.  According to USCIS, this 15% increase in price is in step with inflation since DHS last adjusted premium processing rates in 2010 and will allow USCIS to more effectively adjudicate petitions and maintain service to petitioners.  The new rule was published in the Federal Register on August 31, 2018. Premium processing is an optional expediting service that is... More
  • Update – Policy Change – F, J, and M Nonimmigrants to Accrue Unlawful Presence On May 21, 2018, I posted a blog regarding the then Proposed USCIS Policy Change for F, J, and M Nonimmigrants and Unlawful Presence implications.  On August 9, 2018, USCIS issued a revised final policy memorandum, effective that day.  USCIS made changes to its proposed policy after considering feedback the agency received during the public comment period mentioned in the prior blog post. Effective August 9, 2018 (last Thursday), F and M nonimmigrants who timely file for reinstatement of status with... More
  • Recent Federal Court Ruling: Full Restoration of DACA On August 3, 2018, the US District Judge for District of Columbia, John D. Bates, ruled that the Trump administration must fully restore the DACA program. In the decision, the court stated, “The Court therefore reaffirms its conclusion that DACA’s rescission was unlawful and must be set aside.” In addition, the court also denied the government’s motion to reconsider, stating that “The Court has already once given DHS the opportunity to remedy these deficiencies—either by providing a coherent explanation of its... More
  • Form I-9 Immigration and Employment Law Alert: The Time is Now for a Proactive Audit ICE workplace audits are on the rise.  And if you didn’t know, the federal government and California are not harmonious in their views on immigration issues. That means that ICE raids on California employers are likely to continue, especially in target industries such as hospitality, construction, agriculture, tech, and manufacturing. And if you want to minimize your company’s exposure to massive fines and possible criminal prosecution, this issue should be on your radar. One of the biggest traps of late seems to be the I-9... More
  • E-1 and E-2 Visas Available for New Zealand The highly desirable E-1 and E-2 visas are now available for nationals of New Zealand.  Earlier this week, the President signed into law S. 2245, the Knowledgeable Innovators and Worthy Investors Act (‘KIWI Act’), thereby granting E-1 and E-2 visa status to certain New Zealand applicants.  The KIWI Act provides for reciprocal treatment of US nationals. This will allow New Zealand nationals the opportunity to pursue E-1 trade and E-2 investment in the United States, a benefit long enjoyed by neighboring... 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
  • Employers Beware: ICE Is Ramping Up I-9 Audits to Record Levels Copyright: bignai / 123RF Stock Photo More than 5,200 businesses around the country have been served with I-9 inspection notices since January in a two-phase nationwide operation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in what appears to be the largest I-9 inspection action ICE has undertaken to date. This latest round of workplace audits on employers clearly indicates that the I-9 inspection is now a top priority in U.S. immigration enforcement policy that targets employers rather... More
  • Seeking Benefits from USCIS May Result in Removal Proceedings What’s a “Notice to Appear” (NTA)?  How about “unlawful presence”?  Phrases such as these may be a new for many following business/employment based immigration matters.  Because of new USCIS Policy memoranda, these removal terms are now added to our business immigration lexicon and concern.  NTA is the charging document issued by an authorized agent of the US Department of Homeland Security initiating in adversarial proceedings.  Once an NTA is filed with the immigration court, jurisdiction vests in the Immigration Court and noncitizens... 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
  • Understanding the Trump Administration’s Executive Order on Family Separation and Hurdles to Parent/Children Reunification In April 2018, U.S. Attorney General Jeff Sessions announced a “zero-tolerance policy” administered by CBP and ICE to criminally prosecute every adult who illegally crossed the border, or tried to do so, including asylum seekers attempting to enter between ports of entry. As part of implementing this policy, the Trump Administration stepped up efforts to separate parents from children at the border in unprecedented numbers never before seen as a deterrent policy to preventing asylum seekers from arriving at the... More