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

  • 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
  • Chinese Student Alert – President Trump Executive Order On May 29, 2020, President Trump issued yet another immigration-related Executive Order.   This one is entitled, “Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China,” and can be found here. The proclamation goes into effect today, June 1, 2020, and its stated purpose is to restrict certain Chinese nationals from entering the United States on F Student visas or J Exchange Visitor visas associated with entities in the People’s Republic... More
  • 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
  • COVID-19 Update: USCIS to reopen June 4 on limited basis On May 27, 2020 U.S. Citizenship and Immigration Services announced that it is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4.  Routine in-person services at USCIS field offices, asylum offices and application support centers (ASCs) has been suspended since March 18 to help slow the spread of coronavirus (COVID-19).  USCIS is following the Centers for Disease Control and Prevention’s guidelines to protect our workforce and the public.  As services begin to reopen,... More