Category Archives: Visas

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Greenberg Traurig Attorney Ian Macdonald is Quoted in Law360

Greenberg Traurig Shareholder Ian Macdonald was recently quoted in the Law360 article, “L-1B Site Visit Shift Reported As Trump Ramps Up Scrutiny.” The L-1B visa allows a company to transfer an employee with “specialized knowledge” from a foreign office to a location in the United States. Macdonald discusses the new development of increased site visits … Continue Reading

New DOS Rule Regarding Misrepresentation – An End to the 30/60 Day Rule

On Sept. 1, 2017, the U.S Department of State (DOS) updated the Field Adjudicators Manual (FAM) at 9 FAM 302.9-4(B)(3).  The Field Adjudicators Manual (FAM) serves to guide consular officers in their adjudications process, and this particular section provides guidance regarding “misrepresentation” by applicants “at the time of visa application or to DHS when applying … Continue Reading

Greenberg Traurig’s Ian R. Macdonald Quoted in The National Law Journal

Greenberg Traurig Shareholder Ian Macdonald was recently quoted in the National Law Journal article, “What Employers Should Consider After Trump’s DACA Decision,” discussing the Trump Administration’s decision to end the Deferred Action for Childhood Arrivals (DACA) program and what actions employers should take to ensure they are compliant.  Macdonald addresses the potential risks and compliance hurdles … Continue Reading

USCIS Posts Comprehensive Reports Containing H-1B and EAD Data

Under the heading “Transparency for U.S. Workers,” the U.S. Citizenship and Immigration Services (USCIS) uploaded five reports today containing comprehensive data regarding its H-1B and Employment Authorization Documents (EAD) adjudications. The H-1B reports “provide information about the hiring practices of employers who petition for foreign national workers.” The H-1B trend report contains statistics about the H-1B program … Continue Reading

USCIS Issues New Visa Bulletin Tutorial for I-485 Applications

USCIS has issued a new online tutorial for immigrants that will help determine when a Form I-485, Application for Adjustment of Status, can be filed with USCIS.  For those immigrants who have a family-based or employment-based immigrant petition filed or approved on their behalf, the new Visa Bulletin tutorial details how to determine your priority … Continue Reading

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

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

Increased Scrutiny for Identified Populations & Social Media Review

We continue to see immigration as a moving target with recent news of four cables issued by Secretary of State Rex Tillerson guiding implementation of increased security protocols and vetting for consular posts around the world. Secretary Tillerson issued initial cables March 10 and 15 in anticipation of the new Travel Ban scheduled to take effect … 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

New Travel Ban Order to Temporarily Halt Entry for Those Seeking New Visas from 6 Muslim-Majority Countries

The heavily anticipated new Executive Order (EO), “Protecting the Nation from Foreign Terrorist Entry into the United States,” banning nationals from six countries from entering the United States, was signed by President Donald Trump on March 6, 2017 with an effective date 10 days following on March 16, 2017. This new EO revokes and replaces the … 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

New Framework for Adjudicating National Interest Waivers

USCIS has established a new standard for adjudicating national interest waiver petitions by naming the Administration Appeals Office’s (AAO) Dec.27, 2016 decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), a precedent decision. This decision vacates Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998), which established … 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

December 2016 – Monthly AILA Check-In with Charlie Oppenheim

After the release of the December Visa Bulletin, Charlie Oppenheim, chief of Visa Control and Reporting Division for the U.S. Department of State (DOS), provided his predictions to AILA on the future movement in the employment-based green card categories. They are summarized below: EB-1 China and India Charlie predicts that EB-1 China and India will … 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
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