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Category Archives: Immigration

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Travel Ban Update: Appeals Court Upholds Temporary Halt on Enforcement

On February 9, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order denying the Federal Government’s emergency motion for a stay of the district court order temporarily pausing enforcement of the travel restrictions imposed by Executive Order 13769, “Protecting the Nation from Foreign Terrorist Entry into the United States.” As we

USCIS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants

On 25 February 2015, the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) published its final rule, effective 26 May 2015, extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants seeking employment-based lawful permanent resident (LPR) status, who meet certain conditions related to that LPR process. This is

Immigration Newletter – Department of Homeland Security

Due to the Ebola outbreak in West Africa, qualified nationals or habitual residents of Liberia, Guinea, and Sierra Leone living in the United States may apply to remain in the United States for at least 18 months under the Department of Homeland Security (DHS) Temporary Protected Status (TPS) program. The designations of Liberia, Guinea, and

SEVP Releases Draft Policy Guidance on Conditional Admission for International Students

On 11 July 2014, the Student and Exchange Visitor Program (SEVP), a division of the U.S. Immigration and Customs Enforcement office of the U.S. Department of Homeland Security, posted a second round of draft policy guidance on conditional admission. The draft policy guidance clarifies that schools may issue a Form I-20 “Certificate of Eligibility for

Department of Homeland Security

Beginning in Fiscal Year 2014, U.S. Citizenship and Immigration Services (USCIS) will now allow those selected through the Diversity Visa lottery to file Forms I-485, Applications to Register Permanent Residence or Adjust Status, to become permanent residents (“green card” holders) before immigrant visas are available to these applicants. This new process will allow more time

Reminder: Submissions for 2015 Diversity Visa lottery are due by 2 November 2013

Please note that entries for the 2015 Diversity Immigrant Visa Program (DV) (also known as the “green card lottery”) must be submitted electronically by noon, Eastern Daylight Time, Saturday, 2 November 2013. Applicants must submit Form DS-5501, the Electronic Diversity Visa Entry Form found here, during the registration period. There is no fee to make this

Immigration Newsletter

This update discusses recent developments in immigration law from the U.S. Departments of Homeland Security, State, and Labor, and additional related matters. Department of Homeland Security USCIS improves E-Verify’s direct notification capability U.S. Citizenship and Immigration Services (USCIS) recently announced a new enhancement to the E-Verify System that will allow USCIS to directly notify employees

New I-9 Form Released

U.S. Citizenship and Immigration Services (“USCIS” has revised its Employment Eligibility Verification form, Form I-9, which all U.S. employers are required to use to verify the identity and employment authorization status of their employees (or re-verify the continued eligibility of those existing employees whose work authorization expires on a specific date).   USCIS notice was published in

H-1B quota likely to be exhausted on (or shortly after) April 1, 2013

U.S. Citizenship and Immigration Services (“USCIS”) has announced on Friday, March 15, that it expects to receive a large number of H-1B petitions subject to the fiscal year (“FY”) 2014 quota (also known as the “cap”) on April 1, 2013, the first date upon which USCIS will accept such H-1B petitions for FY 2014 (for

Certain Visa & Green Card Filing-related Documents to be Publicly Disclosed by Dept. of Labor

The Department of Labor’s Employment and Training Administration (ETA) announced a new initiative to make redacted copies of H-1B, H-1B1, E-3, H-2A, H-2B and permanent labor certification documents available to the general public, which should be of interest to all companies/employers who have sponsored employees for any of those temporary visa categories or for U.S. permanent

Review of issues for 2013

The following is a summary of some of the key issues Congress and the Administration will be debating in 2013. Please contact us with any questions. We are happy to provide further analysis as well as insight into other areas of interest. Agriculture: Tom Vilsack is expected to stay on as Secretary of Agriculture. The

Increased emphasis on the timing of filing for F-1 Optional Practical Training authorization

According to reports received by the American Immigration Lawyers Association, F-1 students are now experiencing unforeseen denials of their applications for employment authorization (I-765) for Optional Practical Training (OPT) because some USCIS Service Centers have been taking a more restrictive approach to filing deadlines.  The USCIS regulations specify that, in addition to filing for post-completion OPT

Longer Quota-related Delays for Certain Employment-based Green Cards

The October 2012 Visa Bulletin, issued in mid-September by the Department of State (DOS) , is generating buzz, particularly in light of the retrogression to September 1, 2004 for Indian nationals in the employment-based, second preference category (also known as “EB-2”).   The last DOS Visa Bulletin to have included information regarding the availability of immigrant

Guatemala Now Eligible for U.S. Green Card “Lottery”

The U.S. Diversity Immigrant Visa Program (also known as “green card lottery”) provides immigrant visas for persons from countries with historically low rates of immigration to the United States. Applicants are subject to a computer-generated random selection process, and natives of countries that have sent more than 50,000 immigrants to the U.S. over the last five years

Immigration relief for certain undocumented children

In a significant policy shift and following a stalled bill in Congress, the Administration decided to use discretionary authority to provide temporary immigration relief to certain undocumented children brought to the United States at an early age.   The U.S. Citizenship and Immigration Services (“USCIS”) announced on August 14, 2012, it would begin accepting new forms to allow individuals to

State Department “delinks” L visa validity from petition validity

The U.S. Department of State (DOS) changed its rule governing the duration of L visa validity in certain cases. Previously, all L visas were limited to the validity period of the petition, which, according to DHS regulations, cannot exceed three years for an initial petition or two years for an extension petition. The new rule ties

Breaking decisions from the Supreme Court: Term in review

On Tuesday afternoon, three of Hogan Lovells’ Appellate practice partners will provide an analysis of some of the key decisions that will impact businesses as the Supreme Court concludes its current term. Neal Katyal, former Acting Solicitor General of the United States and Appellate practice Co-Director, Cate Stetson, Co-Director of our Appellate practice; and Chris

Annual Quota of H-1B Visas Reached

USCIS has announced that, as of 11 June 2012, the agency has received enough petitions for H-1B visas that are subject to the annual quota for Fiscal Year 2013 (covering the Oct. 1, 2012–Sept. 30, 2013 period).  The quota was met much earlier than in the last two years.  This will impact all U.S. employers who

Cultural fusion is unique enough for P-3 visa purposes

The U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office issued a binding precedent decision addressing the term “culturally unique” in the context of visa petitions for performing artists and entertainers.  The P-3 nonimmigrant visa classification applies to artists or entertainers who come to the United States temporarily to perform, teach, or coach under a

Expedited Review of Certain Immigration Cases

Companies that file immigration petitions on behalf of non-US employees will welcome the news that the U.S. Citizenship and Immigration Services has established an expedited case review process to allow for the review and subsequent correction of certain adverse decisions.  Specifically, USCIS will accept requests for expedited review of petitions or applications that were rejected or denied

Proposed Changes to the I-9 Employment Eligibility Form

USCIS published a notice on 27 March 2012, inviting public comments on proposed changes to the Form I-9, Employment Eligibility Verification.  The proposed revisions could impact all U.S. employers.  The revisions include: (1) new fields to collect the foreign passport number and country of issuance (these fields would be applicable to foreign nationals authorized to work in the United

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