With only a 9-day notice, the U.S. Department of State (DOS) announced critical restrictions on French Nationals for E visas on August 20, 2019. The general rule is that different types of U.S. visas have different visa validity periods depending on the nationality of the visa applicant because the Immigration and Nationality Act (INA) requires … Continue Reading
The H-1B program is undergoing even more scrutiny under the current White House administration. Under the “Buy American, Hire American” Executive Order, the goal is for companies to hire only the best and the brightest for visa sponsorship, mostly H-1B visa holders. The Department of Labor (DOL), the governmental agency that handles the public disclosure … Continue Reading
The Department of Homeland Security has announced an extension of Temporary Protected Status (TPS) through March 31, 2021, for approximately 7,000 Syrian nationals legally in the United States. For more information on Syria or other TPS matters, please contact your GT attorney or click here. This blog will be updated as information becomes available, so please check back … Continue Reading
As an update to previous entries, the Office of Management and Budget has posted the conclusion of DHS/USCIS Public Charge Rule review: Department of Homeland Security AGENCY: DHS-USCIS RIN: 1615-AA22 Status: Concluded TITLE: Inadmissibility on Public Charge Grounds STAGE: Final Rule ECONOMICALLY SIGNIFICANT: Yes RECEIVED DATE: 07/12/2019 LEGAL DEADLINE: None ** COMPLETED: 07/31/2019 COMPLETED ACTION: Consistent … Continue Reading
On a second trip to the House floor in a week, HR 549 (the Venezuela TPS Act of 2019) was passed by the House with a bipartisan vote of 272-158. The bill failed to obtain two-thirds of the House for suspension calendar passage on July 23 and was resurrected by sponsors on July 24 for reconsideration in … Continue Reading
After years of delay the Obama-era EB-5 immigration regulations were published on July 24, 2019. You can find a copy of the regulations at this link. You can also find a summary of them here. The regulations only apply to those who file their I-526 Petitions on or after Nov. 21, 2019. Without further ado, below are … Continue Reading
After more than two and a half years, Obama-era EB-5 immigration regulations are set to be published on July 24, 2019, with an effective date 120 days after publication or Nov. 21, 2019. See EB-5 Immigrant Investor Program Modernization. These regulations have been opposed by many industry participants, as evidenced in a letter to Congressional Leadership … Continue Reading
On July 16, 2019, USCIS determined that for August 2019, the Dates for Filing chart must be used for family-based preference filings, and the Final Action Dates chart must be used for employment-based preference filings. In the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” … Continue Reading
On July 12, the Department of Homeland Security (DHS) completed review and forwarded a final rule on a Public Charge rule to the Office of Management and Budget (OMB). This action follows action last week as reported here wherein the Department of Justice completed review and forwarded aspects of a Public Charge final rule within … Continue Reading
The Department of State (DOS) August 2019 Visa Bulleting shows significant retrogression in employment-based (EB) categories. In the EB-1 category, final action dates retrogress to July 1, 2016, for all countries of chargeability except for India. The cutoff date for India’s EB-1 category remains at Jan. 1, 2015. The EB-2 category retrogresses to July 1, … Continue Reading
On July 3rd, the Office of Management and Budget (OMB) posted receipt of a “public charge” rule from the Department of Justice (DOJ)- AGENCY: DOJ-EOIR RIN: 1125-AA84 Status: Pending Review TITLE: Inadmissibility and Deportability on Public Charge Grounds STAGE: Proposed Rule ECONOMICALLY SIGNIFICANT: No RECEIVED DATE: 07/03/2019 LEGAL DEADLINE: None While the text of the … Continue Reading
Today, the U.S. House of Representatives approved H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019, that eliminates per-country quotas for all employment-based immigrant visa petitions by a wide, bipartisan vote of 365-65. The bill includes language helpful to the EB-5 program relating to a transition period for implementation, as explained – Fairness for … Continue Reading
The Venezuelan opposition-controlled National Assembly recently acknowledged the significant obstacles for Venezuelans in extending or obtaining new passports, and issued a decree extending the validity of already issued Venezuelan passports for five years. The U.S. Department of State announced on June 7 it will recognize the decree and accept Venezuelan passports accordingly. This is positive news for Venezuelans … Continue Reading
Starting July 1, 2019, international offices of the U.S. Citizenship and Immigration Services (USCIS) will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Residence Status. On that date and going forward, all I-407 forms must be sent by mail to the address below. USCIS anticipates that processing of the form, from receipt … Continue Reading
On June 4, 2019, the Kenan Institute released a timely policy brief, “Immigrant Entrepreneurship: An American Success Story,” on the value of highly skilled and motivated foreign entrepreneurs to the U.S. economy. The brief states, “When looking at the founding of the United States’ largest startups…[t]he immigrant-founded startups employ an average of more than 1,200 workers … Continue Reading
USCIS Acting Director Cuccinelli tweeted June 14 that “@USCIS took action to further @POTUS directive to enforce the legal responsibilities of sponsors. Self-sufficiency is a principle that has been enshrined in our laws since the 1800s & we must ensure that immigrants who become part of our country abide by this principle.” His multiple tweets … Continue Reading
Greenberg Traurig was proud to attend Samsung’s annual “Seoul Sisters” Women’s Conference in Teaneck, New Jersey. The event was created for Samsung employees from across all of Samsung’s North American subsidiaries to come together and discuss best practices, leadership topics, and other hot topics. Greenberg Traurig is especially proud that one of the key presenters was … Continue Reading
Ian R. Macdonald, co-chair of Greenberg Traurig LLP’s Immigration & Compliance Practice, as well as Jennifer Hermansky and Courtney B. Noce, shareholders in the practice, were each recognized by the National Law Journal (NLJ) with the 2019 Immigration Trailblazer award. The award recognizes movers and shakers in the legal industry who have made an impact … Continue Reading
USCIS announced June 7 it had received sufficient petitions to reach the recently allocated 30,000 additional returning worker H-2B visas (see our related May 8 post here). Some commenters had noted that the returning worker and the “irreparable harm” attestation requirements required under the additional allocation might suppress utilization. Even with the additional requirements, U.S. employers maintained … Continue Reading
Per its announcement on June 7, USCIS started accepting premium processing requests for all remaining FY 2020 cap-subject H-1B petitions on June 10, 2019. This allows petitioners to file Form I-907, Request for Premium Processing Service with the service center processing their cap-subject H-1B petition. Previously, USCIS accepted premium processing requests only for FY 2020 cap-subject H-1B petitions … Continue Reading
Former Virginia Attorney General Ken Cuccinelli has been appointed acting director of USCIS, replacing Acting Director Koumans. Director Koumans replaced Director Cissna on June 3 as acting director. Below is the USCIS release: WASHINGTON— Department of Homeland Security Acting Secretary Kevin McAleenan today announced that Kenneth T. (Ken) Cuccinelli will serve as the new acting director of … Continue Reading
Under a new State Department policy, virtually all visa applicants to the United States are now required to submit information about social media accounts they have used in the past five years. Applicants for immigrant and nonimmigrant visas must use the State Department’s Consular Electronic Application Center (CEAC) to complete online forms for nonimmigrant (DS-160) … Continue Reading
USCIS Deputy Director Mark Koumans has been appointed acting director following L. Francis Cissna’s departure. Mr. Koumans has experience in Custom Border Protection and the U.S. Foreign Service. Prior to his exit from USCIS, former Director L. Francis Cissna released a report highlighting agency programs, workload and accomplishments, in which he states the following: The 2018 … Continue Reading
On May 10, 2019, the U.S. Embassy in Vienna announced a partnership with McDonald’s in Austria to help U.S. citizens in need. The post states that American citizens traveling in Austria who are in distress may enter any McDonald’s in Austria and receive assistance from staff to contact the U.S. Embassy. The U.S. Embassy itself … Continue Reading
