Premium Processing Available U.S. Citizenship & Immigration Services (USCIS) will begin accepting cap-subject H-1B petitions on April 1, 2019, for employment start dates effective Oct. 1, 2019, the start of the 2020 fiscal year. Rather than suspending premium processing for cap-subject H-1B petitions, USCIS announced that it will implement a two-phased approach to requests for … Continue Reading
On March 14, 2019, the EB-5 Investment Coalition, in cooperation with Invest in the USA (IIUSA), released the most comprehensive economic analysis of the EB-5 program to date. Laura Reiff, co-chair of Greenberg Traurig’s Immigration & Compliance Practice, commented on the report: “Without the typical data limitations and constraints on economic analysis, premier industry economists … Continue Reading
Effective immediately, USCIS has resumed premium processing for all H-1B petitions. The resumption applies to new petitions as well as those that are currently pending with USCIS. This means that, for the first time in recent history, premium processing will likely be available for petitions filed during the annual H-1B cap-filing season in April. It … Continue Reading
The Department of Homeland Security announced an 18-month extension of Temporary Protected Status (TPS) for South Sudan. Current beneficiaries will be eligible to re-register to remain in the United States with work authorization through Nov. 2, 2020. South Sudan is one of ten (10) countries currently designated for TPS, which provides a temporary status to … Continue Reading
Global law firm Greenberg Traurig, LLP has 37 attorneys recognized in the 2019 edition of the prestigious legal services directory, Chambers Global. In addition, 13 practices were ranked across seven regions including Immigration and Compliance. Laura Reiff and Martha Schoonover were ranked under USA Immigration: Business. To read the full GT press release, click here.… Continue Reading
The Department of Homeland Security filed a notice Thursday, Feb. 28 extending Temporary Protected Status (TPS) for four countries – Sudan, El Salvador, Haiti, and Nicaragua – as a result of federal court action. The approximately 300,000 affected immigrants in the United States will be allowed to extend their stays until January 2020. Please check back with us for … Continue Reading
On 2/22/19, USCIS forwarded the EB-5 Immigrant Investor Program Modernization final rule (RIN 1615-AC07) to the Office of Management and Budget (OMB) – AGENCY: DHS-USCIS RIN: 1615-AC07 Status: Pending Review TITLE: EB-5 Immigrant Investor Program Modernization STAGE: Final Rule ECONOMICALLY SIGNIFICANT: No ** RECEIVED DATE: 02/22/2019 LEGAL DEADLINE: None OMB will now begin assessment of … Continue Reading
USCIS released telling data containing average processing times per form and petition type for fiscal years 2014 to 2018. While the normal pendency period for almost every type of case has increased since 2014, there have been significant delays for certain types of petitions. Foreign nationals seeking green cards have experienced longer wait times than … Continue Reading
Courtney Noce, shareholder of Greenberg Traurig’s Immigration and Compliance practice, was recently quoted in the Law360 article, “Shutdown Woes Aren’t Over For Immigration Courts.” The article discusses the government shutdown and its effect on immigration. To read the full article, please click here. *Access to this article requires a Law360 subscription… Continue Reading
The Department of State (DOS) and Mission China announced that changes have been made to consolidate the processing in China of H and L visa applications for foreign nationals seeking to work in the United States. Starting March 1, 2019, all interviews for H and L visas will be conducted only at the U.S. Embassy … Continue Reading
On Nov. 30, 2018, the Department of Homeland Security issued the notice of proposed rulemaking to amend its H-1B cap-subject lottery process. On Jan. 31, 2019, USCIS will publish the final rule after a 30-day comment period. The final rule encompasses a pre-registration process and a modified selection process. The registration process will be suspended for FY … Continue Reading
Starting on Monday, Jan. 28, USCIS will resume premium processing for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the Master Cap). This applies to any H-1B cap petition filed in or before April 2018. Any petitioner who has received requests for evidence (RFEs) regarding their pending … Continue Reading
On January 25, OMB posted on Reginfo.gov that it has completed review of a USCIS regulation- Registration Requirement for Petitioners Seeking to File H-1B Petitions (RIN 1615-AB71). OMB review of this Final Rule is the last step in the regulatory process before final agency action by USCIS. Please check back as we will continue monitoring this … Continue Reading
As a continuation of an earlier posting, the U.S. Senate initiated a process by voice vote opening the US Government through February 15, H.J. Res 28, and providing for House and Senate consideration of Department of Homeland Security Appropriations, H. J. Res 31. These actions will provide funding for all remaining Appropriations bills subject to … Continue Reading
The Department of State (DOS) February 2019 Visa Bulletin shows considerably more movement in employment-based categories than in January. The EB-1 category will advance two months in all countries, with China and India advancing to Feb. 8, 2017, and all other countries moving forward to Dec. 1, 2017. The EB-2 category will remain current for all … Continue Reading
Based on an analysis of more than 100,000 pieces of thought leadership, legal publisher The National Law Review (NLR) recognized global law firm Greenberg Traurig, LLP as a 2018 “Go-To Thought Leader” for its coverage of business immigration changes and immigration law in general. According to the NLR website, the “‘Go-To-Thought Leadership Awards’ recognize 65 exceptional … Continue Reading
We have received many client inquiries relating to E-Verify and the government shutdown. In short, E-Verify is unavailable, as the program’s authorization lapsed Dec. 22, 2018. The Department of Homeland Security, which oversees the program, announced that the website http://www.e-verify.gov/ will not be actively managed and will not be updated until after funding is restored. … Continue Reading
The Department of Labor provided an iCERT update this afternoon: IMPORTANT ANNOUNCEMENT (Updated January 2, 2019, 12:00PM EST): Within the first five minutes of opening the semi-annual H-2B certification process on January 1, 2019, the U.S. Department of Labor iCERT system had an unprecedented demand for H-2B certifications with more than 97,800 workers requested in … Continue Reading
The Department of State (DOS) January 2019 Visa Bulletin has resulted in mixed bag of retrogression for some and advancement for others. The EB-1 category moved forward approximately 3 months across the board. EB-3 China and India are both now at Dec. 15, 2016. The EB-2 category showed minor improvement for China to Aug. 1, 2015, … Continue Reading
USCIS’s Policy Memorandum on ‘Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence” went into effect on Dec. 10, 2018. The memorandum fully replaces the June 24, 2005, “Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence.” These guidelines apply to I-751 cases filed as a joint petition … Continue Reading
On Nov. 30, 2018, the Department of Homeland Security issued the notice of proposed rulemaking to amend its H-1B cap-subject lottery process that USCIS conducts every year. The proposed rule seeks to amend the way H-1B cap-subject petitions are submitted for the lottery, and also the way H-1B cap-subject petitions are randomly selected. USCIS proposes a … Continue Reading
Laura Foote Reiff and Martha J. Schoonover, shareholders in global law firm Greenberg Traurig LLP’s Northern Virginia office, were again listed in Washingtonian magazine’s 2018 “Top Lawyers” list. They are recognized in the magazine for their immigration work and will be featured in the Dec. 2018 issue. According to the Washingtonian, this biennial list features approximately … Continue Reading
The Labor Condition Application (LCA) Form, ETA 9035, is a required form for non-immigrant visa categories including the H-1B, H-1B1 (Chile/Singapore) and E-3 (Australia). Pursuant to The Department of Labor’s plans to better protect American workers, confront fraud, and increase transparency, a new version of the LCA form took effect on Nov. 19, 2018. This form includes … Continue Reading
Since President Trump issued his “Buy American and Hire American” Executive Order in April 2017, USCIS has been issuing Requests for Evidence (RFEs) at unprecedented rates. While the H-1B visa category was specifically targeted as one requiring stricter scrutiny and reform efforts, USCIS has also focused on other visa types for significant adjudication and approval … Continue Reading
