Immigration

On April 7, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that it had received more than enough H-1B petitions to meet the numerical limit for fiscal year 2015 cap-subject H-1B visas, which includes both the 65,000 general H-1B cap petitions as well as the 20,000 U.S.

The following opinion piece by Susan Cohen appeared in the December 20, 2013 issue of VentureBeat and is reprinted here with permission. The U.S. market is a magnet for foreign entrepreneurs.

The April 1, 2014 deadline for filing H-1B visa petitions for Fiscal Year 2015 will be here before you know it. We recently published an alert with more information on when you should file and H-1B caps.

This alert is a reminder of the rapidly approaching April 1, 2014 “deadline” for the filing of H-1B visa petitions for Fiscal Year 2015. Petitions for the new fiscal year, which starts on October 1, 2014, will be accepted by the government beginning April 1, 2014.

We applaud Microsoft Corporation and the numerous parties, including the American Immigration Council and the Chamber of Commerce, who filed amicus briefs last week in a consolidated Board of Alien Labor Certification (BALCA) case involving PERM labor certifications filed by Microsoft Corporation on behalf of several of its employees.

The Department of Labor (DOL) has issued guidance concerning the effects of the government shutdown on employers’ ability to file applications and other submissions as part of the PERM process.

In a welcome move that acknowledges the hardships caused by the government shutdown, United States Citizenship and Immigration Services (USCIS) has advised that if an H-1B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was due to the government shutdown, USCIS will consider the government shutdown as an extraordinary circumstance and excuse the late filing, provided that the petitioner meets all other applicable requirements.

As of October 17, 2013, the government shutdown in effect since October 1, 2013 has come to an end. The shutdown had negatively impacted immigration processing in matters handled by the Department of State, United States Citizenship and Immigration Services (USCIS), and, most significantly, the Department of Labor (DOL). 

The impending shutdown of the U.S. federal government on October 1st will impact immigration services across a number of different government agencies. In this alert we address the impact of a shutdown on petitions, visas, and labor certifications.

Those who closely follow the world of U.S. immigration adjudication trends are painfully aware of the hostile attitude exhibited both by U.S. Citizenship and Immigration Services (USCIS) adjudicators and consular officials at U.S. consulates abroad towards L-1B “intracompany transferee” visa petitions.

On October 1, 2013, the U.S. Department of State will begin accepting requests to register for the 2015 Diversity Immigrant Visa Program (DV-2015), also known as the Green Card Lottery.

In recent weeks there have been increased instances of a new telephone scam targeting USCIS applicants and petitioners. Scammers are calling applicants and petitioners using a technique called “Caller ID spoofing” to display an inaccurate phone number on the recipient’s caller ID system.

On April 10, 2013, we reported that USCIS had conducted the lottery process for fiscal year 2014 cap-subject H-1B petitions. Those petitions that were selected and approved will be valid starting October 1, 2013.

In its first decision regarding same-sex immigration benefits since the June 26, 2013, Supreme Court decision United States v. Windsor, which held that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional, the Board of Immigration Appeals (“BIA”) has reversed the denial of an I-130 Petition for Alien Relative filed by Serge Polajenko

Now that the Supreme Court has ruled in United States v. Windsor that Section 3 of the Defense of Marriage Act is unconstitutional, same-sex couples who are married have equal access to immigration benefits. We expect government agencies to implement the Windsor decision swiftly.

On June 26, 2013, the Supreme Court ruled in United States v. Windsor that Section 3 of the 1996 Defense of Marriage Act (“DOMA”) is unconstitutional. This Section of DOMA prohibited the U.S. government from conferring any federal benefits to same-sex couples who were married in any jurisdiction in the world.

Today the U.S. Senate voted 68-32 to pass a sweeping immigration bill that would put the nation’s 11 million unauthorized immigrants on the path to American citizenship and invest $46 billion to increase border security and overhaul the country’s immigration system.

The U.S. Supreme Court has ruled in United States v. Windsor that the Defense of Marriage Act (“DOMA”) is unconstitutional. The decision of the Court applies to same-sex couples who are legally married as defined by their state of residence.

Mintz Levin has published a brief Client Alert today on the Supreme Court's decision holding that DOMA is unconstitutional. We are waiting to see how various federal agencies implement this important decision.

This week, U.S. Customs and Border Protection (CBP) launched an initiative to automate the issuance of Forms I-94, Arrival/Departure Records for travelers arriving by sea or air. Records of admission will now be generated by CBP using traveler information captured through electronic means.