Immigration

On January 25, 2017, President Trump issued two Executive Orders impacting immigration.  As promised in his presidential campaign, the orders involve enhancing border security, but also include increased interior enforcement.

Update -  NEW BOSTON EVENT DATE: Due to safety concerns surrounding the recent snow storm, Mintz Levin rescheduled the Boston Immigration Seminar to Thursday, March 2. To register, please click here or see below. We hope you can join us!

At the end of the 2016 calendar year, the Administrative Appeals Office (AAO) published a welcome precedent decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).

H-1B visas have long been the U.S. employment visa of choice due to their flexibility for professionals to work in “specialty occupations”.

Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification.

On January 17, 2017, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register amending the immigration regulations to expand the use of the government’s “parole” authority to authorize parole for foreign entrepreneurs who can demonstrate that they will provide a significant public benefit to the United States as a result of economic growth and/or job creation resulting from their entrepreneurial activities.

As previously noted in this space, two small but significant changes from United States Citizenship and Immigration Services (USCIS) are coming in the next month. First, on December 23, 2016, the Department of Homeland Security (DHS) will increase the filing fees for certain benefit requests.

In light of the general unavailability of H-1B visas due to the limited and inadequate H-1B visa quota, it is more important than ever that U.S. employers and highly skilled foreign nationals be able to take maximum advantage of exemptions from the quota.

In a final regulation published on November 18, 2016 which takes effect on January 17, 2017, DHS has clarified the requirements and parameters associated with cap-exempt employment of H-1B workers by nonprofit entities that are affiliated with or related to an institution of higher education or other cap-exempt institutions.

In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant workers and their employers.

Our Section Chair, Susan Cohen, has been quoted in an analytical piece by Zosha Millman, editor of The Lexblog Network, examining the impact of last week’s presidential election result on the Deferred Action for Childhood Arrivals initiative.

Today, U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification.
Beginning January 22, 2017, employers must use only the new version of the Form I-9 that is dated 11/14/2016 N.

Effective November 9, 2016, all visa-exempt foreign nationals (excluding U.S. citizens) who fly to or transit through Canada will now be required to secure an Electronic Travel Authorization (eTA) before boarding a flight to Canada.

Effective December 23, 2016, the Department of Homeland Security (DHS) will be adjusting the fee schedule for immigration and naturalization benefit requests processed by U.S. Citizenship and Immigration Services (USCIS).

On October 1, 2016, the US Department of State will begin accepting requests to register for the 2018 Diversity Immigrant Visa Program (DV-2018), also known as the Green Card Lottery.

The UK Home Office has announced plans to offer an optional premium service for requests made through the Sponsor Management System (SMS). This service will allow Sponsors to pay a fee of £200 for expedited processing of certain types of requests including Certificate of Sponsorship allocation and Level 1 user appointment.

Practice Chair, Susan Cohen was quoted in the Law360 article, Rule for Foreign Startup Founders Seen as Helpful Stopgap in which she explains the nuances of the UCIS’s proposed entrepreneur rule, which will allow immigrant startup founders to temporarily stay in the U.S.

As foreign national employees come back from summer vacations and travel abroad, one of the most overlooked immigration documents and pitfalls is Form I-94.

Today USCIS released the text of a proposed rule to be published in the Federal Register shortly, that provides temporary immigration relief to qualifying foreign entrepreneurs whose presence in the U.S. would be a public benefit to the country.

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa lottery process.