Immigration

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.

"suspend final adjudication of employment-based Form I-485 applications... because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015."

In response to several posts by the Wall Street Journal regarding the EB-5 program, Mintz Levin partner Douglas Hauer responds with 5 Things the WSJ Did Not Mention about Real Estate Finance and the EB-5 Program. Read more about this and related EB-5 news and analysis on our EB-5 Matters Blog.

In 2014, Massachusetts created the Global Entrepreneur in Residence Program (GEIR), a program meant to capitalize on the opportunities provided by concurrent H-1B employment. Under this program, universities partnered with the Commonwealth to provide foreign entrepreneurs with relevant, part-time employment opportunities that carried cap-exempt H-1B status.

Exciting news from U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) this week. The agencies announced that beginning with the visa bulletin effective October 1, 2015, USCIS will accept for filing I-485 applications to adjust status to Permanent Resident according to a separate filing date chart.

U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) announced that beginning with the visa bulletin effective October 1, 2015, USCIS will accept for filing I-485 applications to adjust status to Permanent Resident according to a separate filing date chart. 

Looking ahead to expected changes by Congress in EB-5 Regional Center Program regulations, attorneys Peter Saparoff, Douglas Hauer, and John Nucci examine how existing law on liability schemes for issuers and intermediaries in an exempt crowdfunding offering might serve as a model for any future EB-5 legislation.

Our series exploring alternatives to the H-1B continues with foreign trade and treaty visas. Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery?

Over on Mintz Levin's EB-5 Blog, attorneys Douglas Hauer and Adam Sisitsky examine the risks to EB-5 investors who fail to properly investigate offerings. Game and set have gone to the SEC, which filed a civil lawsuit against Lobsang Dargey, a regional center owner.

In conjunction with the redesign of the legacy e-filing system and transition to ELIS, USCIS has changed the process for paying the USCIS Immigrant Fee online. The revised payment process aims to "reduce the amount of information an immigrant must provide to USCIS."

Mr. Chairman, I’m pleased to provide my testimony today as a follow-up to previous appearances before this committee. I’ve testified on two other occasions to explain the need for a more certain and predictable way to attract and retain the talent my company and others need—even if that means foreign talent.