Tag Archives: GT Law

Presidential Memorandum on Combating High Nonimmigrant Overstay Rates

On April 22, President Trump, in a quick turn to interior immigration enforcement, issued a Presidential Memorandum (Memo) initiating a process to develop administration initiatives to address visa overstays in the United States. Last week, the Department of Homeland Security released the Fiscal Year 2018 Entry/Exit Overstay Report, stating a total overstay rate of 1.22%, … Continue Reading

H-2B Rule Sent to OMB for Review

Following up on a previous report, the Department of Homeland Security forwarded a final H-2B Rule to the White House Office Of Management and Budget on April 22 (see below). Once OMB completes review, a final rule will be published in the Federal Register for implementation. Agency: DHS-USCIS RIN: 1615-AC38 Status: Pending Review Title: Exercise of Time-Limited Authority … Continue Reading

No-Match Letters Are Back, and They’re No Laughing Matter

The Social Security Administration (SSA) has once again begun notifying employers (and third-party payroll companies) who submitted Form W-2s containing name and Social Security Number (SSN) combinations that do not match the agency’s records, with what are known as “No-Match Letters.” Such discrepancies can arise from commonplace events such as marital name changes, but can … Continue Reading

USCIS Completes the H-1B Cap Random Selection Process for FY2020 and Reaches the Advanced Degree Exemption Cap

On April 10, 2019, USCIS announced it used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and U.S. advance degree exemption (Master’s cap) for fiscal year (FY) 2020. USCIS received 201,011 petitions during the filing period, which began April 1, including petitions filed for the advanced degree … Continue Reading

Phase One of Premium Processing for FY 2020 Cap-Subject H-1B Petitions Begins May 20

On May 20, 2019, the United States Citizenship and Immigration Services (USCIS) will begin premium processing for FY 2020 cap-subject H-1B petitions that were filed (1) requesting a change of status; and (2) with a Form I-907. To manage high demand during the initial surge of premium processing requests for H-1B cap petitions and to … Continue Reading

White House Announces Extension of Deferred Enforced Departure for Liberians

In a last-minute change, the White House announced an extension of the Deferred Enforced Departure (DED) of Liberians until March 30, 2020. Prior to today’s announcement, the wind-down for DED was March 31, 2019. Citing foreign policy interests of the United States, the extension was granted with direction for the Congress to consider “remedial legislation.” … Continue Reading

Key Changes to this Year’s H-1B Cap that You Should Know

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

New Report Details Economic Value and Job Creation Impacts Under the EB-5 Program

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

USCIS Resumes Premium Processing for all H-1B petitions

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

Temporary Protected Status Extended for South Sudan

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

Greenberg Traurig Attorneys, Practices Recognized by Prestigious Chambers Global 2019 Guide

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

Temporary Protected Status Extended for Sudan, El Salvador, Haiti, and Nicaragua

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

USCIS moves EB-5 Modernization Rule to OMB

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 Reports Increased Processing Times

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

Greenberg Traurig Attorney Courtney Noce is Quoted in Law360*

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

Changes in H and L Visa Processing in China

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

DHS Publishes Final Rule for H-1B Lottery

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

USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

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

OMB Completes Review of H-1B Preregistration Rule

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

Congress Passes Continuing Resolution Opening Government and Vital Programs such as EB-5 and E-Verify

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

February 2019 Visa Bulletin Updates

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

Greenberg Traurig Honored as National Law Review ‘Go-To Thought Leader’ on Business Immigration

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

E-Verify and the Government Shutdown

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
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