Tag Archives: Visa

The Department of Homeland Security Adds an Additional 15,000 Visas to the H-2B Program

The Department of Homeland Security (DHS) and The Department of Labor (DOL) have submitted a final rule to the Federal Register, which will be published on July 18, 2017, increasing the number of H-2B visas by 15,000. DHS Secretary John Kelly determined, along with DOL Secretary Alexander Acosta, that there are not enough qualified and … Continue Reading

Supreme Court of the United States Partially Lifts Injunctions from Travel Ban – Implications for Foreign Nationals

As previously reported, the Supreme Court of the United States lifted the injunctions that were granted by the Fourth and Ninth Circuits after President Trump issued his second Executive Order mandating a temporary travel ban. This means that the second Executive Order (EO) is now in effect as of June 29. The injunctions for the … Continue Reading

President Trump Issues Executive Order Amending Executive Order 13597

On June 21, President Trump issued an Executive Order Amending Executive Order 13597. This Executive Order rescinds a  provision, subsection (b)(ii) of Section 2,  of an Obama Administration era Executive Order Establishing Visa and Foreign Visitor Processing Goals and the Task Force On Travel and Competitiveness that read, “ensure that 80 percent of nonimmigrant visa applicants … Continue Reading

USCIS Issues Guidance Regarding Adjustment of Status Application Filing Dates for July 2017

USCIS has determined that for July 2017, the Final Action Dates chart in the Department of State (DOS) Visa Bulletin must be used for both family-sponsored filings and employment-based preference filings. By way of background, individuals who are present in the United States are eligible to file a Form I-485, Application to Adjust Status in … Continue Reading

Department of Labor Announces Labor Certification Enforcement Initiative

Yesterday, U.S. Secretary of Labor Jim Acosta announced an initiative aimed at addressing fraud and restoring transparency in U.S. non-immigrant visa enforcement.  As released by the Department of Labor (DOL), the key initiatives include: Directing the DOL’s Wage and Hour Division (the Division) to use all its tools in conducting civil investigations to enforce labor … Continue Reading

June 2017 Visa Bulletin Update: EB-1 Final Action Dates Retrogression for China and India

According to the June 2017 Visa Bulletin released by Department of State and effective June 1, there will be significant retrogression in the EB-1 category for individuals born in mainland China and India. While the current cutoff date for worldwide chargeability in the EB-1 category will remain current, the final action dates for Chinese and … Continue Reading

Agencies Open H-1B Cap Season with Initiatives to Combat Fraud and Abuse

The U.S. immigration agency’s busiest day of the year was marked with reminders about the dark side of the H-1B visa program.  Acceptance of H-1B cap-subject petitions started on April 3, 2017. But the flurry of H-1B filings were met with announcements from agencies involved with the H-1B program about measures designed to tighten policies … Continue Reading

Greenberg Traurig Elevates Jennifer Hermansky to Shareholder in Philadelphia

The Business Immigration & Compliance Practice of Greenberg Traurig, LLP is pleased to announce that Jennifer Hermansky has been elevated to shareholder in the Philadelphia office. Hermansky focuses her immigration practice on both employment-based and family-based immigration. Specifically, she focuses her practice on EB-5 immigrant investor visas. She has prepared and filed many immigrant investor … Continue Reading

Greenberg Traurig’s Attorney Ian Macdonald Featured in NPR News Marketplace

Greenberg Traurig shareholder Ian Macdonald was recently quoted by National Public Radio (NPR) for a story on the Marketplace Morning Report, which is part of the Marketplace portfolio of public radio programs. Macdonald provided an employer’s perspective on H-1B visas and challenges employers must face when sponsoring highly-skilled workers. To read the full article, click here.  … Continue Reading

Technical Error by USCIS Results in H-1B Approval Notices Incorrectly Listing Class as “1B1” Instead of “H-1B”

Due to a technical error, the United States Citizenship and Immigration Service (USCIS) recently began issuing H-1B approval notices on Form I-797 that incorrectly list the class as “1B1.”  This technical error affected H-1B approval notices for H-1B petitions that were filed with the Vermont, Nebraska, and California Service Centers. The California Service Center confirmed … Continue Reading

USCIS Reissuing Employment Authorization Document (EAD) Receipt Notices for Certain EAD Categories Filed Between July 21, 2016 and Jan. 17, 2017

Beginning Feb. 16, 2016, USCIS began reissuing receipt notices on Form I-797 to applicants who continue to have pending applications for renewed employment authorization (EAD applications) under certain categories that were originally filed between July 21, 2016 and Jan. 16, 2017. EAD applications that were filed during this window did not fall within the benefits of … Continue Reading

The Trump Administration Contemplates an Executive Order Affecting Advance Parole

It has been reported that President Trump’s administration is likely preparing to effectuate additional changes affecting immigration issues.  Specifically, in addition to the Executive Order executed on Jan. 27, 2017, the administration is reportedly working on additional Executive Orders, a released draft of which addresses the availability and use of advance parole, among other issues … Continue Reading

Summary of President Trump’s Jan. 25, 2017 Immigration-Related Executive Orders

On Jan. 25, 2017, President Donald J. Trump signed two Executive Orders impacting U.S. immigration which are summarized below. Executive Order: Border Security and Immigration Enforcement Improvements This Order addresses the recent surge of immigration by foreign nationals without proper documentation at the United States’ southern border with Mexico. The Order directs the government’s “executive … Continue Reading

Greenberg Traurig’s Nataliya Rymer Cited in the USCIS’s Proposed Rule Addressing EB-5 Immigrant Investor Program Modernization

Greenberg Traurig attorney, Nataliya Rymer, was recently cited in the Notice of Proposed Rulemaking (NPRM) seeking to amend the current EB-5 regulations, which was published in the Federal Register pursuant to the Administrative Procedure Act. Rymer’s article U.S. Department of State Announces EB-5 Visas for China Unavailable Until October 1, 2014, which appeared in the National … Continue Reading

Important News for Israeli Investors and Entrepreneurs

In much anticipated news for both the United States and Israeli companies and entrepreneurs, Israeli nationals will soon become eligible for the E-2 Treaty Investor visas. The Israeli authorities have announced that the procedures and rules for the B-5 investor visa for U.S. citizens are expected to be released in March 2017. One of the vital … Continue Reading

CBP Implements EVUS Enrollment for Chinese National 10-Year B-1/B-2 Visa Holders

On Nov. 29, 2016, the U.S. Customs and Border Protection (CBP) implemented a requirement for all Chinese passport holders who carry a maximum validity (10-year) B1 (visitor for business) and/or B2 (visitor for pleasure) visa to have a valid Electronic Visa Update System (EVUS) enrollment before traveling to the United States. Our team previously discussed … Continue Reading

Upgrade – DHS Finalizes Rules Affecting Employment-based Immigrant and Non-Immigrant Visa Programs

On Nov. 18, 2016, the Department of Homeland Security (“DHS”) published its final rule to “modernize and improve” employment-based non-immigrant and immigrant visa programs.  As stated by DHS, the primary purpose of the improvements is to enhance the ability of U.S. employers to hire and retain specific foreign national employees who are the beneficiaries of … Continue Reading

Greenberg Traurig Post-Election Immigration Update

On November 10, 2016, Laura Foote Reiff, Bob Maples, and Rebecca Schechter presented an Immigration Post-Election Update webinar highlighting some of the anticipated key changes to U.S. immigration policy (click here to listen to the webinar).  President-elect Donald Trump will likely begin the change on current U.S. immigration policy as soon as he takes office.  … Continue Reading

Update on DHS Proposed Rules Affecting Employment-based Immigrant and Nonimmigrant Visa Programs

As reported, in December 2015, USCIS published a proposed rule on the Federal Register in which the Department of Homeland Security (DHS) seeks to improve job portability for highly skilled immigrants and clarify issues affecting foreign nationals in employment-based nonimmigrant visa categories like H-1B. The proposed regulations received almost 28,000 comments. On October 24, 2016, … Continue Reading

November 2016 Visa Bulletin Released

The Department of State released the November Visa Bulletin, which contains some movement of final action dates in certain employment-based categories. The Worldwide EB1-1 category remains current for all categories, including individuals born in mainland China, El Salvador, Guatemala, Honduras, India, Mexico and the Philippines. The cutoff date for worldwide chargeability in the EB-2 category … Continue Reading

Online I-94 Application Now Available for Travelers at Land Ports of Entry

On Sept. 29, 2016, U.S. Customs and Border Protection (CBP) announced that it has enhanced the I-94 website for travelers arriving to the United States at land ports of entry.  Travelers now can apply and pay the $6 fee for their I-94 card online up to seven days prior to their entry. An I-94 form … Continue Reading

Chinese Passport Holders who have a 10-year B-1/B-2 visa must have valid EVUS enrollment beginning Nov. 29, 2016 to enter the United States

The U.S. Customs and Border Protection (CBP) recently announced that, beginning Nov. 29, 2016, all Chinese passport holders who carry a 10-year visa B-1 (business visitor) and/or B-2 (tourist visa) must have a valid Electronic Visa Update System (EVUS) enrollment when traveling to the United States.  Chinese passport holders who currently hold a 10-year B-1/B-2 … Continue Reading
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