Recent Articles

This week the US Citizenship and Immigration Services (USCIS) announced that employees who have not received their employment authorization cards (EAD), but who did receive their employment authorization approval notices may use the approval notice itself as proof of employment authorization for I-9 purposes.

Additional H-1B visa numbers are now available! As a result, USCIS has selected more cap-subject H-1B registrations from the recent FY2021 lottery.

The Department of State has clarified what constitutes a “national interest exception” in the context of the Trump Administration’s recent immigration bans.

The US Citizenship and Immigration Services (USCIS) announced filing fee increases for most applications effective October 2, 2020. Certain application fees, as noted below, will increase dramatically.

Late today, the Trump administration rescinded its policy requiring F-1 and M-1 international students to take at least some of their classes in person during the Fall 2020 semester - or leave the country.

On July 6, 2020, Immigration and Customs Enforcement (ICE) announced that F-1 and M-1 international students must attend classes in person beginning this fall, or else depart from the United States.

Less than a week after issuing an immigration ban restricting entry into the United States of certain H-1B, H-2B, J and L nonimmigrants, the Trump administration amended the order to further limit the entry of foreign nationals.

The American Immigration Lawyers Association (AILA) has confirmed with Customs & Border Protection headquarters in Washington that Canadians are exempt from the executive order issued on June 22, 2020

Proclaiming to protect the US labor market, on Monday, June 22, 2020, President Trump signed a new executive order restricting entry into the United States

Immigration policy experts expect that a new Presidential Proclamation, aimed at further restricting the entry of nonimmigrants into the United States, will be issued imminently.

On May 24, 2020, President Trump issued a new Presidential Proclamation curtailing travel to the US from Brazil. Beginning tomorrow, May 27, 2020, the United States will not admit foreign nationals who were physically present in Brazil within the 14 days prior to their travel to the US.

On May 29, 2020, President Trump issued a proclamation suspending the issuance of F (student) and J (exchange visitor) visas for certain Chinese applicants whom the US government believes may pass sensitive information to the Chinese military.

The US Citizenship and Immigration Services (USCIS) has announced that it will resume premium processing in stages for certain petitions throughout the month of June.

After an almost 3-month suspension, USCIS announced that certain field offices and asylum offices will reopen to the public on Thursday, June 4, 2020.

On May 24, 2020, President Trump issued a new Presidential Proclamation curtailing travel to the US from Brazil. Beginning at 11:59 p.m. on May 28, 2020, the United States will not admit foreign nationals who were physically present in Brazil within the 14 days prior to their travel to the US.

The COVID-19 outbreak has dramatically altered the landscape of employment-based immigration and worksite compliance. This client alert summarizes some of the more important changes affecting employers and foreign nationals that have taken place during the past few months, and may help to answer some frequently asked questions.  Although we have provided this information in previous Immigration Alerts, we recognize that the information was provided at a time of great disruption and uncertainty. To ensure that employers are aware of their immigration-related obligations, we are providing a reminder of the most important points. 

In response to the COVID-19 pandemic, the US Citizenship and Immigration Services announced that it will automatically apply a 60 day extension

For the first time in history, New York City is permitting couples to legally marry online, rather than requiring in-person appearances at the City Clerk’s Office.

On April 24, 2020, the US Citizenship and Immigration Services (USCIS) announced that it is preparing to reopen all field offices for interviews and appointments on or after June 4, 2020, as circumstances allow.

Travelers on the Visa Waiver Program (VWP) / Electronic System of Travel Authorization (ESTA) who are unable to depart the United States before their extended period of stay (known as “satisfactory departure”) expires may now request a second 30-day period of satisfactory departure.

On Wednesday, April 22, 2020, President Trump signed an executive order implementing a 60-day suspension of permanent resident (green card) processing for all applicants who are currently outside the United States and who do not already have a valid immigrant visa and official travel document.

President Trump is expected to sign an executive order as soon as Wednesday, April 22, 2020 temporarily barring permanent resident (green card) applicants from immigrating to the United States.

On the evening of April 20, 2020, President Trump announced on Twitter that he plans to sign an executive order temporarily suspending immigration into the United States.

On April 13, 2020, the US Citizenship and Immigration Services (USCIS) announced that it will consider excusing applicants who submit late fillings to extend or change their immigration status if the delay is due to extraordinary circumstances, such as those that may be caused by COVID-19.

The US Department of State has implemented an automatic 2 month extension for all J-1 exchange programs ending between April 1, 2020 and May 31, 2020.

As companies increasingly implement work-from-home policies and contemplate furloughs, layoffs and other employment changes in response to the COVID-19 outbreak, they must grapple with the immigration consequences for both the employers themselves and the foreign national workers they have sponsored.

The US Citizenship and Immigration Services (USCIS) has announced the results of this year’s H-1B lottery. USCIS received nearly 275,000 unique registrations for 85,000 slots (65,000 regular H-1B cap and 20,000 advanced degree exemption). Approximately 46% of registrations were submitted on behalf of individuals eligible for the advanced degree exemption by virtue of possessing a master’s degree or higher from a US institution.

USCIS has extended it office closures to at least May 3, 2020. All green card, naturalization and asylum interviews, biometrics appointments, and naturalization oath ceremonies scheduled during this time will be automatically rescheduled.

The Coronavirus Aid, Relief and Economic Security Act (CARES Act), which was signed by President Trump on Friday, March 27, will provide one-time cash payments during the COVID-19 national emergency, but excludes taxpayers...

Under a protocol known as “Satisfactory Departure,” travelers who entered the United States on the Electronic System for Travel Authorization (ESTA) / the visa waiver program (VWP), were admitted through John F. Kennedy (JFK) or Newark Liberty International Airport...

Despite the wave of unemployment caused by the COVID-19 shutdowns, applying for or receiving unemployment benefits carries great risk for nonimmigrant visa holders whose status is tied to their employment, including H, L, E, O, I and P workers.

The US Citizenship and Immigration Services (USCIS) has extended its suspension of in-person services at all field offices, asylum offices, and Application Support Centers until April 7, 2020.

Furloughs, layoffs and other changes to the original terms and conditions of employment can result in significant immigration consequences for both employers of sponsored foreign national workers as well as the employees themselves.

The Department of Labor’s Office of Foreign Labor Certification (OFLC) has provided guidance on how to fulfill Labor Condition Application notice requirements, as well as other accommodations the OFLC is making during the COVID-19 national emergency.

The Department of Homeland Security (DHS) has announced that employers and workplaces that are operating remotely due to the COVID-19 outbreak will not be required to be physically present to review employees’ identity and authorization documents for I-9 purposes.

On Friday, March 20, 2020, the US Citizenship and Immigration Services (USCIS) announced that it will accept reproductions of original signatures on all immigration forms and documents for the duration of the COVID-19 National Emergency.

USCIS Temporarily Suspends Expedited Processing on Applications for Nonimmigrant Visas and Employment-Based Green Cards | DOS Recommends Avoiding All International Travel | LCAs and Amended H-1Bs During Work-From-Home Period