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

  • Concern for F-1 Students – Maintenance of Optional Practical Training (OPT) USCIS recently issued a reminder for F-1 students that transferring to another education institution or beginning studies at another educational level automatically terminates Optional Practical Training (OPT) as well as the corresponding employment authorization document (EAD).  The requirement to maintain status is important due to the proposed USCIS Policy Memorandum on the Accrual of Unlawful Presence for F, J. and M nonimmigrants whereby they will lose Duration of Status designation by engaging in an unauthorized activity.  F-1 students must make... More
  • Proposed Policy Change – F, J, and M Nonimmigrants to Accrue Unlawful Presence On May 11, 2018, United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum for Public Comment, with the comment period set to end on June 11, 2018.  The proposed change would affect those individuals and their dependents in the following statuses:  Student (F-1 Academic Student and F-2 Spouse or Child of F-1 nonimmigrant); Exchange Visitor (J-1 Exchange Visitor and J-2 Spouse or Child of J-1 nonimmigrant); and Vocational Student (M-1 Vocational Student or non-academic Student and M-2 Spouse... More
  • Immigrant Visa Processing Changes – EB1 China/India retrogress; EB2/3 India/China to advance; EB2/3 Worldwide will remain current; 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” (April 13, 2018), reflecting his analysis of current trends and future projections for the various immigrant preference categories. This month, Charlie examines the dramatic final action dates... More
  • Temporary Protected Status Terminated for Nepal As has become common under the present Administration, yet another country is losing Temporary Protected Status (TPS) designation.  On April 26, 2018, Homeland Security Secretary Kirstjen M. Neilson announced that Nepal will lose TPS designation on June 24, 2019.  As in past terminations, there is a delay of 12 months to allow for transition.  The April 2015 earthquake and aftershocks decimated the nation and necessitated the designation of TPS for the nation.  The Department of Homeland Security reviewed the disaster... More
  • USCIS Completed the H-1B Cap Lottery Selection for FY 2019 Today, USCIS announced it has completed the H-1B cap FY 2019 random selection process on April 11. This year, USCIS received a total of 190,098 H-1B cap petitions during the H-1B cap FY 2019 filing period, which started on April 2.  The announcement means USCIS has completed the computer generated random selection process and selected enough petitions to meet the 65,000 regular cap and the 20,000 cap under the U.S. advanced degree exemption, known as the master’s cap. Next, USCIS... More
  • USCIS launches new E-Verify Website Yesterday, U.S. Citizenship and Immigration Services (USCIS) announced the launch of a new and expanded E-Verify website, E-Verify.gov.  The website, which is in both the English and Spanish languages, includes sections for Employers, Employees, About E-Verify and myE-Verify.   E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers can verify the identity and employment eligibility of newly hired employees by electronically matching the information provided... More
  • EB-5 Alert! EB-5 Given Six-Month Extension The EB-5 Program has been extended for six months, through September 30, 2018, as part of the omnibus spending bill funding the federal government. Congress passed the spending bill early Friday morning and President Trump signed the bill today. The extension of the EB-5 Program does not include any of the controversial reforms.  Potential reforms include increasing the minimum investment amount, creating additional safeguards, and instituting a visa set-aside for rural projects. I invite you to read my May 2017 article published... More
  • No Premium Processing for 2019 Cap-Subject H-1B Petitions Today, United States Citizenship and Immigration Services (USCIS) announced the temporary suspension of premium processing for all FY 2019 cap-subject petitions. USCIS expects this suspension to last until Sept. 10, 2018. During this time, USCIS will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap.... More
  • DOS Moves US Spouse/Unmarried Minor Child Interviews from New Delhi to Mumbai On March 6, 2018, the US Department of State announced a change in the location of certain greencard interviews in India. In summary, for interviews scheduled on or after April 1, 2018: The US Embassy in New Delhi will no longer conduct interviews for US Permanent Residence for the spouse (IR1/CR1) and the unmarried minor child(ren) (IR2/CR2) of a US citizen The US Consulate General in Mumbai will begin conducting interviews for US Permanent Residence for the spouse and the unmarried minor child(ren)... More
  • USCIS deletes “Nation of Immigrants” Language from Mission Statement Recently, United States Citizenship and Immigration Services (USCIS) changed the language in the agency’s Mission Statement.    Previous language recognized that the United States is a “nation of immigrants”.   USCIS Director L. Francis Cissna provided a statement to explain the reasoning behind the change. New Mission Statement:  U.S. Citizenship and Immigration Services administers the nation’s lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our... More