Immigration

It’s never too early to begin preparing for H-1B cap filings! This alert is a reminder of the April 1, 2016 deadline for the filing of H-1B visa petitions for Fiscal Year 2017. Petitions for the new fiscal year, which will be effective starting on or after October 1, 2016, will be accepted by the government beginning April 1, 2016.

On Tuesday, December 1, the U.S. Supreme Court handed the Obama administration a "small procedural vactory" and refused the request of Texas and other states for a 30-day extension to file briefs in support of the lawsuit blocking the Obama administration's immigration executive action on DACA and DAPA.

On November 9, 2015, the United States Court of Appeals for the Fifth Circuit issued their 124 page decision upholding a nation-wide injunction of the Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”). Based on the 5th Circuit decision, the 2012 DACA program remains intact, however the 2014 expansions are enjoined.

The State Department announced Thursday (November 19) that it is ending the practice of adding additional pages in passports for security reasons, beginning January 1, 2016. Previously, U.S. passport holders had the option of paying for a 24-page insertion to provide more room for visas, entry, and exit stamps.

What do Facebook, YouTube and Twitter have in common? The U.S. Embassy in Tel Aviv is using all three to reach visa applicants. The goal is to educate the public in Israel about the visa process.

On June 11, 2012, President Obama signed legislation that would add Israel to the list of countries eligible for nonimmigrant E-2 treaty investor visas. This was a substantial positive development in the creation of stronger commercial ties between the United States and Israel.

USCIS updated its online list of terminated EB-5 regional centers on October 22, 2015. In the coming two months, regional centers are required to comply with the requirement to file their Forms I-924A in order to update USCIS on relevant job creating activity over the past year.

The SEC filed a civil action against against EB5 Asset Manager, LLC and its owner Lin Zhong in the United States District Court of Southern Florida on November 3, 2015. Read more about this case and analysis from our EB-5 Team on the Mintz Levin EB-5 Matters Blog.

Fifty years ago, President Lyndon B. Johnson gave Representative Michael Feighan (D-OH) his famous “Johnson Treatment”—using his intimidating physicality to persuade—on Air Force One. Feighan, Chairman of the House Immigration Subcommittee, had allied with conservatives on Johnson’s immigration reform bill, refusing to hold any hearings.

US Customs and Border Protection (CBP) Commissioner R. Gil Kerlikowske announced an expansion of the Global Entry program to include UK citizens at the World Travel Market in London. UK citizens can register beginning December 3.

Last week USCIS issued guidance stating that it will advise which of the two visa bulletin charts; Dates for Filing Visa Applications or Application Final Action Date applicants should use. Today, USCIS released it's first update on its new visa bulletin website stating that applicants CAN use the new "Dates for Filing" chart in October and November.

Today, October 19, the Department of Homeland Security submitted a proposed rule modifying the existing optional practical training (“OPT”) available to certain students with degrees in science, technology, engineering, or math (“STEM”) to the Federal Register for a 30 day comment period ending November 18, 2015. 

In September, USCIS announced that some individuals would be eligible to file adjustment of status applications following a separate Dates for Filing Visa Applications (“filing date”) chart. This chart differed from the classic Visa Bulletin “priority date” chart now known as the Application Final Action Date chart.

According to Law360, operations will be closed at U.S. Embassies and Consulates around the world on Friday, October 9th, for a systems upgrade.

In the first of a series celebrating the 50th anniversary of the Immigration and Nationality Act of 1965, this post explores the concept of birthright citizenship. President Lyndon B. Johnson signing the Immigration and Nationality Act of 1965 on Liberty Island in New York Harbor.

On October 1, 2015, the US Department of State will begin accepting requests to register for the 2017 Diversity Immigrant Visa Program (DV-2017), also known as the Green Card Lottery.

Coinciding with the end of the current fiscal year, the EB-5 regional center program is set to expire today but will get a temporary reprieve with expected final passage of a Continuing Resolution (CR) that will fund the government through December 11 and also temporarily extend the regional center program through that same date.  

As students and scholars change status from F-1, J-1 or other FICA exempt statuses to H-1B starting October 1, these employees will become subject to FICA taxes upon the effective date of their H-1B status. All employers and employees are required to pay social security and Medicare taxes.

Over on our Mintz Levin EB-5 Blog, member Douglas Hauer provides a series of educational videos about the EB-5. The first video reviews some basics of the EB- transaction.

It’s September 25th, not April 1st! Like a cruel April Fool’s joke, the October Visa Bulletin has just been revised and the new India & China EB-2 filing dates have retrogressed. The instructions in bold type in the new bulletin indicate that this revised bulletin is to be used to determine who is eligible to file on October 1st.