Tag Archives: Visas

“Immigration Strategies for Employers During Layoffs” by Greenberg Traurig’s Kate Kalmykov Featured in The New Jersey Law Journal

Kate Kalmykov, shareholder at Greenberg Traurig, recently authored an article in the New Jersey Law Journal (NJLJ) discussing immigration strategies during layoffs and reductions in force.  The article highlights proper protocol for employers to follow when terminating a foreign national population in compliance with federal regulatory requirements.  Likewise, it identifies specific strategies to utilize based … Continue Reading

Dramatic Increase in Wait Times at U.S. Consular Posts Across India

According to a June 13, 2016 practice alert from AILA, appointment wait times for nonimmigrant visa interviews in India have soared.  This dramatic increase is likely the result of a reported increase in visa demand of over 80 percent in the past 5 years.  Unfortunately the AILA DOS Liaison Committee has indicated that they anticipate wait … Continue Reading

June 2016 – Monthly AILA Check-In with Charlie Oppenheim

Charlie Oppenheim is the chief of Visa Control and Reporting Division for the U.S. Department of State (DOS) where he is responsible for providing analysis and prediction for immigrant preference categories.  After the release of the July 2016 visa bulletin Mr. Oppenheim provided the following information regarding employment-based petitions to AILA: EB-2 and EB-3 – China: … Continue Reading

House Judiciary Committee to Consider Visa Integrity and Security Act of 2016

Today, the House Judiciary Committee will consider H.R.5203, the Visa Integrity and Security Act of 2016.  The bill is authored by Representative Randy Forbes of Virginia. The bill’s purpose is to enhance security procedures for the processing of both immigrant and nonimmigrant visas.  We provide a sectional summary of the bill below. Section 2 of … Continue Reading

June 2016 Visa Bulletin Update

The Department of State (DOS) has released the June 2016 Visa Bulletin that includes the “Application Final Action Dates” and “Dates for Filing Applications.” For both family-sponsored and employment-based filings, the United States Citizenship and Immigration Service (USCIS) website indicates that the Application Final Action Dates chart must be used for May 2016. Please see … Continue Reading

U.S. Consulate in Toronto Suspends Third Country National Appointments in Summer 2016

Following a trend from past summers, the U.S. Consulate in Toronto has suspended Third Country Nationals’ (non-Canadian Nationals’) visa appointments in the summer months of June, July, and August. This suspension only applies to Third Country Nationals and Canadian citizen applicants. Those Third Country Nationals who are legally living in Canada are unaffected. Third Country … Continue Reading

Proposed Changes to Form I-9

Federal law requires employers to verify the identity and employment authorization of each person they hire, complete and retain a Form I-9 (Employment Eligibility Verification) for each employee, and avoid discriminating against individuals on the basis of national origin or citizenship. On March 28, 2016, USCIS published a notice in the Federal Register to notify … Continue Reading

DHS Set to Publish Final Rule Allowing Further STEM OPT Extensions for Foreign Students

Today DHS released an advanced copy of its final rule allowing foreign students with degrees in Science, Technology, Engineering, and Mathematics (STEM) to extend their Optional Practical Training (OPT) for an additional 24 months.  DHS will publish the final rule in the Federal Register this Friday.  The rule will go into effect on May 10.  … Continue Reading

United States to Expand E-Visa Processing Options in Canada

On Feb. 26, the U.S. Consulate General in Toronto, Ontario, announced enhancements to the E-Visa process for Canadian applicants. It announced that it will streamline the registration process at the Toronto Consulate General for Canadian companies employing E-1 and E-2 visas.  Further, the Consulate General announced that it was expanding the locations at which E-Visa … Continue Reading

Senator Leahy and Senator Hatch Introduce Legislation to Improve the Visa Process for International Artists

On Feb. 8, 2016, Senator Patrick Leahy and Senator Orrin Hatch introduced the ARTS Act (S.2510), which would enforce the current statutory mandate for U.S. Citizenship and Immigration Services (USCIS) to expedite processing of O and P visas at the agency. Under the legislation, if USCIS does not process an O or P visa within … Continue Reading

USCIS Provides Guidance on Immigrant Visa Availability and Priority Dates

The Basics of Immigrant Visa Availability The Immigration and Nationality Act (INA) sets a limit on the number of immigrant visas (i.e. green cards) that may be issued to foreign nationals each year, and the U.S. Department of State (DOS) is the agency that allocates the aforementioned immigrant visas. There are an unlimited number of … Continue Reading

All Embassies and Consulates Closed on October 9, 2015, to perform Global Consular Systems Upgrade

On Friday, October 9, 2015, the Department of State will perform a consular systems upgrade at all Embassies and Consulates (Consular Posts).  Because of this upgrade, the Consular Posts will be closed to the public, and any scheduled appointments for this date will be rescheduled by the Consular Posts.  If you have a scheduled visa … Continue Reading

Regrettable and Sudden – DOS Issues a Revised Visa Bulletin for October 2015 Leaving Many Foreign Nationals Upset

September 9, 2015, brought great excitement to many foreign nationals—particularly nationals of India, China, and the Philippines—who were anxiously awaiting the opportunity to file their Adjustment of Status applications with USCIS several years earlier than expected so they could secure independent work authorization and travel permission while waiting to obtain their green cards.  GT wrote … Continue Reading

Greenberg Traurig Attorney Kate Kalmykov Featured in Law360 Article on Tough AAO Odds Potentially Pushing More Immigration Fights To Court

This article examines how Administrative Appeals Office handles a range of petition denial appeals, from applications to sponsor a foreign fiance to bids to bring over a temporary worker on an H-1B visa. However, according to statistics from U.S. Citizenship and Immigration Services, approval rates at the office are strikingly low, particularly when it comes … Continue Reading

United Kingdom- Tier 2 Non-EU Skilled Migrants Cap Reached for First Time

The cap for the United Kingdom Non-EU Skilled Migrants (Tier 2) visa category has been met for the first time since it was introduced in 2011. What is the Tier-2 General Category? The Tier-2 visa is split into four categories, including General, Intra-Company Transfers, Sports People and Ministers of Religion. The cap has been met … Continue Reading

Commentary on Tata Consultancy Services and Infosys H1-B Visa Probe

The U.S. Department of Labor has issued an investigation to determine if Indian third-party information technology companies -Tata Consultancy Services and Infosys – have violated American labor laws. This investigation directly relates to the use of H-1B visas, a non-immigrant visa that allows a U.S. employer to temporarily employ foreign workers in specialty occupations. Both … Continue Reading

U.S. Supreme Court Upholds Consular Nonreviewability

The U.S. Supreme Court disagreed with the Ninth Circuit today, finding that a U.S. citizen whose spouse’s immigrant visa application was refused on security grounds did not have a right to an explanation for the visa denial, nor did she have due process rights to seek judicial review of the consular officer’s denial. The U.S. … Continue Reading

SEVIS and SEVP System Outage – J, F, and M Students Travel Warning

The Student and Exchange Visitor Information System (SEVIS) is used by the Department of State and The Student and Exchange Visitor Program (SEVP) to monitor nonimmigrant exchange visitors and students during their time in the United States.  SEVIS is a web-based system used for critical processes such as issuance of documentation necessary to obtain visas, … Continue Reading

May 2015 Visa Bulletin Updates

The U.S. Department of State (DOS) recently released the May 2015 Visa Bulletin in which significant movement should be noted in the employment-based classification for nationals of the Philippines in the EB-3 category, for Indian nationals in the EB-2 category, and for Chinese nationals in the EB-2 and EB-5 categories. Specifically, the Visa Bulletin shows … Continue Reading

Court Extends Stay of H-2B Rule Injunction Until May 15, 2015

On April 15, 2015, Chief Judge M. Casey Rodgers of the federal district court in the Northern District of Florida extended the stay discussed in a March 18, 2015, blog post until May 15, 2015, thus allowing the Department of Labor (DOL) to continue accepting and processing H-2B prevailing wage and temporary labor certification applications. DOL submitted … Continue Reading

Greenberg Traurig’s Business Immigration & Compliance Group Members Present at Manhattan School of Music

Matthew T. Galati and Ayanna Y. London, members of Greenberg Traurig’s Business Immigration & Compliance Group, recently spoke at the Manhattan School of Music in New York City on Jan. 29, 2015, regarding visa options for professionals and entrepreneurs in the arts. Galati, an associate with the firm, led the presentation that covered immigration basics, … Continue Reading

Travel to Turkey Now Visa-Free for Polish Citizens

Polish citizens no longer need a visa to travel to Turkey. Turkey’s Prime Minister Ahmet Davutoğlu announced the visa policy change on Dec. 8 during a two-day visit to Warsaw. Davutoğlu explained that the government had done away with the visa requirement to “boost interaction” between Turkey and Poland. In return, Poland’s Prime Minister Ewa … Continue Reading

Israel Refuses Visas to Citizens of Countries with Ebola Outbreaks

Israel’s Foreign Ministry instructed its consulates around the world to withhold visas from citizens of Liberia, Sierra Leone and Guinea because of concerns about Ebola. In addition, the Ministry directed consulates to avoid issuing visas to individuals who have traveled to the three countries. As we reported last week, Canada and Australia have taken similar … Continue Reading
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