Tag Archives: gtlaw

Challenges with “Function Manager” Positions in the L-1A and EB-1 Multinational Manager Classifications

In today’s world of evolving multinational organizations, from hierarchical to flat structures, and increased scrutiny of the L-1 visa category by U.S. Citizenship and Immigration Services (USCIS), the challenges of the “function manager” position within the L-1A visa and First Preference Employment-based immigrant visa for Multinational Managers or Executives (EB-1 MM) classifications continue to cause … Continue Reading

USCIS Proposes Increase to Premium Processing Fee

On Aug. 31, 2018, the Department of Homeland Security (DHS) proposed a final rule in the Federal Register to increase the premium processing fee for certain visa petitions to $1,410, effective Oct. 1, 2018. Premium processing, a service offered for certain petitions, requires U.S. Citizenship and Immigration Services (USCIS) to adjudicate a petition (i.e., approve, … Continue Reading

USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions

USCIS is extending the temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. The suspensions are expected to last until Feb. 19, 2019.  While H-1B premium processing is suspended, USCIS will reject any request for premium processing filed with … Continue Reading

DHS Details Extension of Temporary Protected Status for Somalia Beneficiaries

Following the July 20 announcement of the granting of Temporary Protected Status (TPS) for Somalian beneficiaries, the Department of Homeland Security published a notice on Aug. 27 with instructions for the 18-month Somalian TPS extension from Sept. 18, 2018 through March 17, 2020. The 60-day re-registration period runs from Aug. 27, 2018 through Oct. 26. 2018. … Continue Reading

DHS Releases Fiscal Year 2017 Entry/Exit Overstay Report

On Aug. 7, the Department of Homeland Security (DHS) released the Fiscal Year 2017 Entry/Exit Overstay Report (or Overstay Report). Visa Overstay Reports have been requested by Congress in recent fiscal years as a means to encourage development of a barometric Port of Entry visa checking system and to report on overstays that were identified … Continue Reading

September 2018 Visa Bulletin Updates

The Department of State (DOS) recently released the September 2018 Visa Bulletin. The charts below show movement in employment-based categories. Referring to the Final Action Dates, following are updates from the September Visa Bulletin: EB-1: Mainland China and India had no movement, with a cutoff date of Jan. 1, 2012, while El Salvador/Guatemala/Honduras, Mexico, Philippines, and Vietnam … Continue Reading

Greenberg Traurig’s Laura Reiff and Kate Kalmykov Selected as 2018 Trailblazers by the National Law Journal

The National Law Journal selected the 2018 Trailblazers in Immigration. This year, Greenberg Traurig Immigration & Compliance attorneys Laura Reiff and Kate Kalmykov were recognized on the list for their notable achievements in the practice of law. Kalmykov leads the immigration practice group in the firm’s New York, New Jersey, and Philadelphia offices. She has more … Continue Reading

President Signs KIWI Act Providing for E-1 and E-2 Status for New Zealand

As an update to an earlier post, on Aug. 1, the president signed the Knowledgeable Innovators and Worthy Investors Act (KIWI Act) granting E-1 and E-2 status to certain New Zealand nationals under mutual considerations. This will permit citizens of New Zealand to apply for U.S. visas to carry on significant trade with the United States … Continue Reading

UPDATE: USCIS Postpones Implementation of New Policy Memoranda on Notices to Appear

As previously reported, on June 28, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum titled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.”  USCIS has announced that because it is waiting for operational guidance on the Policy Memo from … Continue Reading

House Passes the KIWI Act providing for E-1 and E-2 status for New Zealand

On July 23, 2018, the House passed by voice vote the Knowledgeable Innovators and Worthy Investors Act (S. 2245, “KIWI” Act ). This House action follows Senate passage by unanimous consent on June 28, 2018. The KIWI Act makes New Zealand nationals eligible for U.S. admission as E-1 (trade) and E-2 (investor) nonimmigrants under the … Continue Reading

USCIS Issues Two New Policy Memoranda on Notices to Appear and Denials in Lieu of RFEs and NOIDs – What This Means for You

On June 28, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum titled “Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens.” Later, on July 13, 2018, the USCIS issued a Policy Memorandum titled “Issuance of Certain RFEs and NOIDs.” … Continue Reading

TPS for Current Registered Yemen Beneficiaries Extended Until March 3, 2020

Today, the U.S. Department of Homeland Secretary, Kirstjen Nielsen, announced an extension of Temporary Protected Status (TPS) for approximately 1,250 Yemeni beneficiaries.  This extension is somewhat unique in that (1) Yemen is one of seven countries listed in the travel ban and (2) this extension goes against the current trend of not extending TPS for … Continue Reading

U.S. House of Representatives Debates U.S. Immigration Policy

On Thursday, the U.S. House of Representatives began debate on two immigration bills aiming to enhance border and interior enforcement of immigration law, among other matters. The two bills were the result of House Republican Majority discussion on approaches to effectively address the Administration’s call to secure America’s borders and provide for Deferred Action Childhood … Continue Reading

President Trump Signs Executive Order Addressing Family Separation

On June 20, 2018, President Donald Trump signed an Executive Order (EO) titled “Affording Congress an Opportunity to Address Family Separation.” The stated purpose of this EO is to confirm the policy of the Administration with regard to immigration and entry of persons at the border.  The text of the EO restates the policy stance … Continue Reading

Designation of Honduras for TPS Terminated

As we previously reported, in January 2018 the Department of Homeland Security (DHS) automatically extended Temporary Protected Status (TPS) for nationals of Honduras for six months through an automatic extension, given that DHS did not make a decision regarding Honduras’s designation which was set to expire.  At the time, Honduras’s TPS designation was automatically extended … Continue Reading

DHS Announces Additional 15,000 H-2B Visas for 2018

Today, Secretary of Homeland Security, Kirstjen Nielsen, announced an additional 15,000 H-2B temporary nonagricultural visas will be available for Fiscal Year 2018.  DHS had been under political pressure to release additional H-2B visas by businesses and industry groups citing labor workforce needs.  Groups had been calling for the immediate release of additional H-2Bs to help … Continue Reading

USCIS Announces Termination of TPS for Nepal; Continues Trend with Other TPS Nations

On April 26, 2018, Secretary of Homeland Security Kirstjen M. Nielsen announced, after reviewing country conditions and consulting with various U.S. government agencies, that the grounds for Nepal’s TPS designation on the basis of an environmental disaster are no longer met and as such, termination of the designation is required by statute. As a result, … Continue Reading

USCIS Issues Policy Alert on Revising Policy Manual Regarding Tenant-Occupancy Methodology

USCIS issued a policy alert on May 16, 2018, to announce that it will revise its policy guidance in the USCIS Policy Manual.  The changes will be effective as of May 15, 2018.  The policy guidance reverses the previous stance on the tenant occupancy economic methodology.  The new policy guidance does not consider the tenant-occupancy … Continue Reading

USCIS Completes the H-1B Cap Random Selection Process for FY 2019

USCIS has announced that it received 190,098 H-1B petitions during the filing period for FY2019, which began on April 2, 2018, including petitions filed for the advanced degree exemption.  This year’s number of petitions is lower than the 199,000 H-1B petitions filed in FY2018.  Per the regulations, on April 11, USCIS conducted its random lottery … Continue Reading
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