Immigration

The US Department of State’s Bureau of Consular Affairs reports that the database responsible for handling biometric clearances has been restored and is undergoing testing.  As of today, June 24, 2015, 39 posts are back online and issuing visas.  These posts represent more than two-thirds of the visa issuing posts worldwide.

The Department of State (DOS) has announced that its overseas embassies and consular posts halted the issuance of passports and visas on Friday, June 12, 2015 due to technical problems with its Consular Consolidated Database. 

Yesterday, in an opinion authored by Justice Ruth Bader Ginsburg, the U.S. Supreme Court brought a measure of hope to non-citizens facing deportation on the basis of certain minor criminal convictions.

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and Immigration Services (USCIS).

On May 20, 2015, United States Citizenship and Immigration Services (USCIS) released guidance and frequently asked questions (FAQs) relating to the filing of H-4 employment authorization applications for spouses of certain H-1B nonimmigrants.

Late yesterday afternoon, in anticipation of the increased workload to be created by the filing of applications for Employment Authorization Documents (“EADs”) by H-4 spouses of certain H-1B employees beginning May 26, 2015, USCIS announced that as of May 26, it “…will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015.”

As previously noted, US Citizenship and Immigration Services (USCIS) announced on April 7, 2015, that it had received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2016.

On April 7, 2015, US Citizenship and Immigration Services (USCIS) announced that it has received more than enough H-1B petitions to meet the numerical limit for fiscal year 2016 cap-subject H-1B visas, which includes both the 65,000 general H-1B cap petitions as well as the 20,000 US master’s degree H-1B petitions filed on behalf of individuals with US advanced degrees.

The diversity visa green card lottery has been an important part of U.S. immigration law for the last 20 years. It allows 55,000 foreign nationals to immigrate each year and was implemented to fulfill the worthy goal of increasing the diversity of immigrants in the United States.

United States Citizenship and Immigration Services (“USCIS”) will begin accepting cap-subject H-1B petitions on April 1, 2015, for start dates of October 1, 2015 or later.

In its most recent foray into utilizing technology at the border, U.S. Customs and Border Protection (CBP) expanded Mobile Passport Control ("MPC") to Miami International Airport.

Late Tuesday afternoon, the House of Representatives voted 257-167 to fund the Department of Homeland Security (“DHS”) through September 30, 2015, covering the remainder of the fiscal year.

Republican leaders and both branches of Congress failed Friday to come to a long-term agreement to provide fiscal year funding for the Department of Homeland Security (“DHS”) and provide confidence that a DHS shutdown will be avoided. A one-week funding extension was passed, and now DHS is poised to run out of money at midnight on March 6th.

The Senate remains at a stalemate over funding of the Department of Homeland Security (“DHS”), with funding running out on Friday, February 27. A full budget was passed for the rest of the US government in December.

The Department of Homeland Security (“DHS”) announced that, effective May 26, 2015, the agency is extending employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants.

The Obama administration announced on Tuesday, February 17th that it will comply with an injunction temporarily blocking its plan to shield millions of people who are in the United States illegally, suspending applications for deferred action.

The Department of State’s Office of Private Sector Exchange Administration has announced that it will perform site visits to many J-1 Intern and Trainee host organizations beginning this month. Most individual participants and host organizations have received e-mails from the J-1 sponsors regarding these visits.

Companies of all sizes have increased workforce mobility needs arising from international short-term relocations, business visits, trade shows, conferences, speaking engagements, etc. It is critical for today’s business traveler to take advantage of accessible resources to ease the international travel burden, when fulfilling business obligations.

On February 2, USCIS announced that the congressionally mandated H-2B cap for the first half of fiscal year 2015 has been reached. January 26, 2015 was the final receipt date for new H-2B worker petitions requesting an employment start date prior to April 1, 2015.

The Department of Homeland Security announced this week that the final rule, Notices of Decisions and Documents Evidencing Lawful Status, published for comment on October 29, 2014, is effective as of January 27, 2015.