The Department of Justice’s (DOJ) Civil Rights Division and the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE) teamed up to address common questions that arise when employers
Continue Reading Intra-agency Initiative Produces Guidance on Internal I-9 Audits, Worker Protections
Rebecca Schechter
60 Day Comment Period Announced: Proposed Changes to Form I-9
On November 24, 2015, USCIS published a notice in the Federal Register [80 FR 73200] of proposed changes to the Form I-9, thereby initiating a 60 day public comment period…
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U.S. Passport Book Changes
On Nov. 20, 2015, the U.S. Department of State (DOS) issued a final rule on the elimination of the visa page insert service within U.S. Passports. Earlier in the year,…
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Office of Special Counsel Settlement Re Immigrant Discrimination
Recently, the Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (‘OSC’) entered into a settlement agreement with a landscaping company following allegations of immigrant discrimination. The…
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DOL Glitch Prevents PERM Filings
A programming glitch, which occurred during a software update implemented by the Department of Labor (DOL) on September 1, 2015, prevented some employers from being able to file their PERM …
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Focus on the O-1 Visa for Immigrants in the Emerging Tech Space
Foreign-born entrepreneurs are critical to the advancement of the U.S. emerging technology industry. There are a number of visa options, both immigrant and non-immigrant visas, available to entrepreneurs and investors…
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Federal Court Decision on F-1 Work Authorization Poses Massive Headaches for Employers Unless USCIS Implements A New Rule In The Next 6 Months
Yesterday, the U.S. District Court for the District of Columbia significantly curtailed immigration benefits for foreign students in the United States on F-1 visas. In her opinion in the case…
Continue Reading Federal Court Decision on F-1 Work Authorization Poses Massive Headaches for Employers Unless USCIS Implements A New Rule In The Next 6 Months
September Visa Bulletin: “See-saw” Trend between EB-2 and EB-3 India and China Continues
The Department of State’s (DOS) September Visa Bulletin shows the results of heavy demand in the employment-based visa categories. The most dramatic movement is the retrogression for Chinese and Indian nationals seeking EB-2 classification. Both categories will retrogress to Jan. 1, 2006, with China EB-2 moving backwards seven years and India EB-2 moving backwards two years from last month’s bulletin.
As we have often seen, EB-2’s loss is EB-3’s gain, as Indian and Chinese nationals under the EB-3 category saw forward movement of more than six months to Dec. 22, 2004. Visa numbers for Filipino nationals seeking EB-3 classification are no longer unavailable as those with priority dates of Dec. 22, 2004 or earlier may apply.
Some Improvement, But Frustrating Visa Delays Continue
In continuation of our reports from last week (June 15, 2015 and June 17, 2015) the State Department describes some progress on the worldwide visa issuance delays that have and are ruining long-planned vacations, athletic events and family reunions for travelers trying to come to the United States.
The Bureau of Consulate Affairs says it has rebuilt the database responsible for the shutdown and is currently testing it. While the State Department reports that 39 U.S. consulates and embassies are now issuing visas – we have included the list of operating consulates and embassies below – because biometrics data processing is still not operational, the individual embassies and consulates still cannot issue visas.
For example, while London appears on the list of operating consulates and embassies, London’s website reports that because full biometric data processing is not restored, it is unable to print most nonimmigrant visas approved on or after June 9. Many individuals who applied for a visa at the Embassy in London between June 9 and 19 and whose application was approved are still waiting for the Embassy to return their passports containing their new visa stamp.
Individuals who are planning to apply for visas or individuals with pending visa applications should check the website of the nearest U.S. embassy for up-to-date messages about visa processing and interview availability. The State Department says many embassies and consulates are rescheduling interviews starting this week and that it plans to have all consulates and embassies up and running by the end of this week.
The State Department says it issued more than 45,000 visas yesterday, 15,000 of which were issued by the Embassy in Beijing. There is a large backlog of applications, the State Department says, but Consular Officers will work over the weekend to clear it.…
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USCIS Announces Discontinuation of ELIS
On June 16, 2015, USCIS announced the suspension of the USCIS Electronic Immigration System (ELIS) for Forms I-539, Application to Extend/Change Nonimmigrant Status and Forms I-526, Immigrant Petition by Alien…
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