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

  • BREAKING NEWS: DHS issues Interim Final Rule regarding the H-1B Visa Program Just released by USCIS:  The U.S. Department of Homeland Security has announced an interim final rule (IFR) that strengthens the H-1B nonimmigrant visa program to protect U.S. workers, restores integrity to the H-1B program, and better guarantees that H-1B petitions are approved only for qualified beneficiaries and petitioners. While the H-1B program was intended to allow employers to fill gaps in their workforce and remain competitive in the global economy, it has expanded far beyond that, often to the detriment of... More
  • USCIS Furlough is Cancelled U.S. Citizenship and Immigration Services (USCIS) recently announced that it will not furlough employees as had been previously scheduled to begin on August 30, 2020.  USCIS had previously pushed back the anticipated furlough in August and now has cancelled it altogether, with the expectation of being able to maintain operations through the end of fiscal year 2020.    The furlough was to include more than 13, 000 employees, or approximately 70% of the USCIS workforce.   The cancellation of the... More
  • Form I-9 Update: Employees Can Use Form I-797 Due To COVID-19 EAD Production Delays The production of certain Employment Authorization Documents (EAD) have been delayed due to to COVID-19.  Today, USCIS announced that due to these production delays, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 for Form I-9 employment eligibility verification purposes.  Specifically, employees may present Form I-797 informing the applicant of approval of an Application for Employment Authorization (Form I-765) for purposes of satisfying Form I-9,... More
  • Immigrant Visa Processing Changes – EB1 and EB3 advance rapidly; all other employment and fmily categories advance moderately; Coronavirus/DOS Closures cause uncertainty and unpredictability; 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” (July 21, 2020), reflecting his analysis of current trends and future projections for the various immigrant preference categories and his answers to various questions from the... More
  • Update: DHS Extends Temporary Flexibility for Form I-9, Employment Eligibility Verification; No Further Extensions for NOIs U.S. Immigration and Customs Enforcement (ICE) announced on July 18th that it will provide a 30-day extension to its temporary policy allowing flexibility in the rules related to Form I-9 for employers operating 100% remotely in light of COVID-19. The new expiration date for these accommodations is August 19, 2020. On March 19 due to precautions implemented by employers and employees associated with COVID-19, the Department of Homeland Security (DHS) announced that it would exercise prosecutorial discretion to defer the physical... More
  • USMCA Effective July 1, 2020 & TN Visa Update The United States-Mexico-Canada Agreement known as the USMCA is effective July 1, 2020. The USMCA replaces the North American Free Trade Agreement (NAFTA) which expired June 30, 2020. As it relates to US immigration, the USMCA includes comparable provisions as found in the NAFTA for Business Visitors, Traders and Investors, Intracompany Transferees, and Professionals. No occupation categories are eliminated or added and there are no numerical limitations for entries under the new provisions. Notably, the USMCA retains all of the occupations... More
  • Immigrant Visa Processing Changes – EB1 and EB5 remain current with slight movement in EB3 and EB-2; Coronavirus/DOS Closures cause uncertainty and unpredictability; 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” (June 17, 2020), reflecting his analysis of current trends and future projections for the various immigrant preference categories and his answers to various questions from the... 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
  • COVID-19 Update: Travel Restrictions with Canada and Mexico The U.S. Department of Homeland Security (DHS) announced an extension of restrictions limiting non-essential travel at U.S. land ports of entry with Canada and Mexico for an additional 30 days. The government indicates the travel restrictions have been successful in reducing the spread of COVID-19 while still maintaining essential trade and travel. The travel restrictions, after having been extended multiple times, were previously set to expire on June 22, 2020. Non-essential travel includes travel that considered tourism or recreational in... More
  • DHS Extends Temporary flexibility for Form I-9, Employment Eligibility Verification, and due dates for Responding to Notices of Inspection U.S. Immigration and Customs Enforcement (ICE) announced on June 16 that it will provide a 30-day extension to its temporary policy allowing flexibility in the rules related to Form I-9 for employers operating 100% remotely in light of COVID-19. The new expiration date for these accommodations is July 19, 2020. In May, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility... More