Immigration

In our increasingly globalized economy, employers strategically place employees in assignments across international locations, and utilize cross-border business trips to facilitate demanding international business needs. However, many employers fail to thoroughly consider the risks or implications of sending their employees abroad.

In an update to our post from January 25, 2016, the U.S. Department of Homeland Security on Thursday further restricted visa-free travel to the U.S. for people who have traveled to Libya, Somalia, and Yemen.

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz team will provide an overview of the cases, legislation, and regulations to look out for in the new year.

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In this series of posts, the Mintz Levin team will provide an overview of the cases, legislation, and regulations to look out for in the new year.

In a notice expected to be published in the Federal Register on Tuesday, February 16th, with an effective date the same day, US Customs and Border Protections (USCBP) announced that it is extending Global Entry eligibility to all citizens of Germany.

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases, legislation, and regulations to look out for in the new year. In our second post we will discuss regulatory issues with OPT.

From proposals to slash the H-1B cap to overhauling the EB-5 investor program, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases, legislation, and regulations to look out for in the new year.

As of April 1, 2016, United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for Fiscal Year 2017 (FY2017). Upon approval, petitions for FY2017 will allow foreign nationals to work for petitioning employers as of October 1, 2016.

One of the major immigration developments for 2016 is a proposed rule from the Department of Homeland Security (DHS) that would allow certain F-1 students to extend their period of “optional practical training” (OPT) if they have degrees in science, technology, engineering or math (STEM) from US schools.

On December 18, 2015, President Obama signed the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015” into law. On January 21, 2016, the Department of Homeland Security (DHS) and Department of State (DOS) began implementing changes to the Visa Waiver Program ("VWP”).

On December 30, 2015, the US Court of Appeals for the 2nd Circuit ruled that US Citizenship and Immigration Services (USCIS) must notify either the beneficiary of an approved I-140 or successor employer, of any intent to revoke the petition prior to revocation (Mantena v. Johnson, Docket No. 14-2476-cv, (2nd Cir., Dec. 30, 2015)).

Canada has mandated registration in a new electronic travel authorization program ("eTA") for many individuals who do not require visas to travel to Canada. Introduced in August 2015, the program becomes mandatory for many visa-exempt individuals traveling to Canada by air on or after March 15, 2016.

On Friday, January 15, 2016, the Department of Homeland Security (DHS) posted to the Federal Register the final rule revising regulations affecting highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile, Singapore (H-1B1), and Australia (E-3), among other nonimmigrant and immigrant categories.

The Supreme Court will hear the Obama administration's appeal of the 5th Circuit Court's decision to uphold the nationwide injunction of the expansion of Deferred Action for Children (DACA) and implementation of Deferred Action for Parents of Americans (DAPA) set by federal Judge Andrew Hanen in Texas.

This is part 2 of our analysis of the proposed rule published by DHS on December 30, 2015, addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants.

On December 31st, the Department of Homeland Security issued a proposed rule addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants.

The U.S. Securities and Exchange Commission launched several suits in 2015 over alleged fraud in connection with the EB-5 program... "I think that it's no coincidence that timed right with the legislative changes, we're seeing USCIS and the SEC focus more and more on enforcement, and on ensuring that the EB-5 program has integrity," said Douglas Hauer

The recent attacks in Paris and San Bernardino are going to result in increased security checks for visa applicants at U.S. consular posts. We also anticipate Congress to at least review the Visa Waiver Program for potential changes, based on President Obama’s address to the nation.

On a panel recently at a conference sponsored by the American Immigration Lawyers (AILA) Conference in London, I was asked why I might advise a client to file an E-2 visa application instead of seeking an L-1 visa. The answer is simple.

USCBP announced today, December 2, that Australia has expanded its trusted traveler program "SmartGate" to U.S. Citizens with ePassports. Previously the country had limited access to SmartGates to Global Entry card holders.