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 Now Available for H-1B Petitions filed on or before December 21, 2018 Beginning today, Tuesday, February 19, 2019, USCIS is resuming premium processing for H-1B petitions that were filed on or before Dec. 21, 2018. In its February 15, 2019 announcement, USCIS explained that H-1B Petitioners in this grouping who wish to upgrade a pending H-1B petition with a premium processing request should: Include a copy of the request for evidence (RFE), if an RFE was issued. Include a copy of the transfer notice (if the petition was transferred) and be sure to submit the... More
  • EB-5 Alert! EB-5 Extended Through September 30, 2019 On February 15, President Trump signed the Consolidated Appropriations Act, 2019 thereby averting another government shutdown.  The spending bill funds the federal government and extends the EB-5 Regional Center Program authorization through September 30, 2019.  EB-5 stakeholders will resume efforts towards achieving EB-5 reform and long-term reauthorization.... More
  • Premium Processing of H-1Bs for Fiscal Year 2019 On January 25, 2019, USCIS announced that it would resume premium processing for all fiscal year (FY) 2019 H-1B cap petitions on Monday, January 28, 2019.  There is some confusion among employees and employers thinking that this applies to the upcoming H-1B season.   Please note that the next H-1B cap season is fiscal year 2020, with an initial filing date of 4/1/2019.  USCIS is just now allowing employers and applicants to premium process fiscal year 2019 cases that were... More
  • EB-5 Alert! Regional Center Program Extended The U.S. Citizenship and Immigration Services has resumed processing of EB-5 Regional Center applications/petitions.  The EB-5 Regional Center Program has been authorized and extended for three weeks in connection with the short-term spending bill signed by President Trump, thereby ending the government shutdown.  The continuing resolution (CR) reopens the government through February 15, 2019.   The CR also lifts the suspension on other immigration programs including E-Verify, religious workers programs, and Conrad 30 Waiver Program for J-1 physicians.... More
  • FY2020 H-1B Cap: Registration and Lottery Selection Update Cap-subject US employers and their prospective employees alike have been waiting on edge to find out whether the FY2020 H-1B Cap Season would proceed as before or whether US Citizenship and Immigration Service’s (USCIS’s) recently proposed significant changes would be implemented to take effect before April 2019.  The result:  the Registration requirement will not take effect in April 2019, but the lottery will be held with the selection process reversed  What does this mean?  In effect and as anticipated, US employers... More
  • E-Verify: Compliance After The Shutdown E-Verify has resumed operations following the government shutdown.  This federal government system used by many employers to confirm eligibility of employees to work in the United States had been closed during the 35-day shutdown. While enrolling in E-Verify is mostly voluntary, once an employer is enrolled in E-Verify, it is critical to follow the rules and associated timelines with creating E-Verify cases for new hires.  During the shutdown, employers were unable to create E-Verify cases for new hires including those employees... More
  • Fox Rothschild Invites You! Immigration Employer Compliance Seminars The co-chairs of Fox Rothschild’s Immigration practice group will be making presentations in many Fox offices on Immigration Compliance: What Employers Need to Know over the next few months. These presentations include an overview of immigration and workplace compliance, including Form I-9 and government inspections. Topics: Specifics about executing the I-9 under current rules Documenting employees without violating anti-discrimination laws Identifying and reviewing documents for authenticity Auditing and correcting I-9 forms Navigating pitfalls in the process Understanding the penalties for noncompliance, including simple clerical errors Handling the receipt... More
  • Immigrant Visa Processing Changes – modest forward movement continues in EB1/EB2/EB3 and Family Based Categories; 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” (December 17, 2018), 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
  • USCIS Updated Its Policy on Adjudicating Pending Form I-131 Application Due to International Travel After the USCIS Director L. Francis Cissna revealed that USCIS will end the practice of denying pending I-131 applications when an applicant travels overseas, USCIS recently updated its website with detailed information. Under the “Special Instructions” section of Form I-131, Applications for Travel Document, it states, “an individual may have an approved advance parole document while a second one is pending. Individual may travel on the approved advance parole document, provided the document is valid for the entire duration of... More
  • What Happens if the Government Shuts Down? Impact on Immigration Services Congressional negotiations on federal spending for the remainder of FY 2019 remain very active. If Congress and the President can’t come to an agreement on a spending bill or continuing resolution by midnight Friday, December 21, 2018, approximately 25 percent of government functions will shut down. Such a shut down will impact immigration services across a number of different government agencies, affecting many of the systems and processes employers rely on to facilitate employment, including the Department of Homeland Security and its... More