Immigration

The North American Free Trade Agreement (NAFTA) permits qualifying Canadian citizen employees of multinational companies to apply for admission to the United States in L-1 intracompany transferee status without first obtaining USCIS approval. Until recently, U.S. Customs and Border Protection (USCBP) would review all such applications made directly at U.S. ports of entry, making no distinction between an initial application and subsequent renewal applications made by the same Canadian employee.

This alert reviews how Israeli individuals, corporations, and emerging companies may qualify for E-2 treaty investment visas and outlines considerations for potential investors.

This alert covers USCIS’s announcement that it has received enough H-1B petitions to reach its 2020 cap.

This alert covers the USCIS announcement that it is resuming Premium Processing on Tuesday, March 12, 2019 for all H-1B petitions.

This article considers the use of P-1 athlete visas as a viable option for international esports competitors.

Read about the USCIS’s plan to resume premium processing eligibility for additional H-1B petitions filed on or before December 21, 2018, starting on Tuesday, February 19.

Read about the USCIS Final Rule to Amend the H-1B Visa Lottery Process, which will enable advanced degree holders to enter the initial regular cap lottery for 65,000 visas.

There are two relevant questions that must always be answered in considering whether or not to file an amended petition: (1) what does the law strictly require? and (2) what is the risk to the organization of not filing the amended petition?

Read about the impact of a potential government shutdown on immigration processes, including on Labor Condition Applications and PERM Labor Certification Applications.

Today, the U.S. Department of Homeland Security issued a notice of proposed rulemaking proposing amendments that would alter the process for the filing and selection of H-1B visa petitions that are subject to the annual numerical “cap”.

The Department of Homeland Security (DHS), Department of Labor (DOL), and Department of State (DOS) released their fall 2018 Regulatory Agendas. Issued twice per year (fall and spring), this notice forecasts possible regulations that may be promulgated in the coming months.

Late Sunday night it was announced that Canada had reached an agreement with the United States and Mexico to remain in a North American trade pact. The deal came just hours before the U.S.-imposed deadline of midnight on September 30. The new agreement will be named the USMCA (United States-Mexico-Canada Agreement), which was formerly referred to as NAFTA (North American Free Trade Agreement).

The US Department of State announced instructions for the DV-2020 (Diversity Visa 2020) program. The release of the instructions is somewhat unexpected, as last November President Trump announced that he intended to eliminate the program.

In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the fourth installment in the series. Click to read Part 1, Part 2, Part 3, and Part 4.

In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the fourth installment in the series. Click to read Part 1, Part 2, and Part 3.

In this five-part series, we highlight three important USCIS policy changes and provide eight best practice tips in light of the ever-tightening U.S. immigration environment. This is the third installment in the series.

Employers who sponsor foreign nationals for (1) H-1B visas; (2) PERM-based permanent residence applications and (3) STEM OPT Extensions must ensure their records are in order and retain them for the required statutory time-periods.

The Trump Administration has made immigration enforcement and the restriction of immigration to the United States a high priority.

On August 31, 2018, U.S. Citizenship and Immigration Services (USCIS) issued a final rule increasing the premium processing filing fee for all eligible applications postmarked on or after October 1, 2018. USCIS’s stated reason is that the fee increase is consistent with inflation as the premium processing fee was last adjusted in 2010.

The new premium processing fee represents an increase of almost 15% and changes the filing fee from $1,225.00 to $1,410.00. Individuals with specific questions are encouraged to consult with their Mintz Levin immigration attorney to fully assess how his or her immigration situation may be affected by this new rule.

The Department of Homeland Security (DHS) conducts site visits at the offices of employers who petitioned or are petitioning for temporary work visas on behalf of their employees. These site visits are funded by the $500 “anti-fraud” fee that is a component of the filing fees for H-1B and L-1 petitions.