Articles and Blogs

As you may know, President Trump signed a pair of executive orders recently regarding immigration policies and enforcement. While his orders may have a sweeping effect on immigration as a whole, employment-based immigration processes are not overtly changed. Below is a brief summary of provisions of the executive orders and the draft order that... READ MORE

On March 11, 2016, the U.S. Department of Homeland Security (“DHS”) published a final rule amending the optional practical training (“OPT”) extension available to F-1 international students in science, technology, engineering and mathematics (“STEM”) fields engaged in a standard 12-month period of OPT. Significantly, beginning May 10, 2016, the STEM OPT extension period will be... READ MORE

Executive Summary A recent policy memorandum issued by the U.S. Citizenship and Immigration Services (“USCIS”) sets binding precedent for notifying USCIS and the Department of Labor when beneficiaries are relocated to new worksites in geographical areas not specified in original H-1B petitions. Under this memorandum, when a beneficiary’s new worksite is outside the “area of... READ MORE

Now that the summer vacation season is officially upon us, it is important for employers and their nonimmigrant workers to consider the potential risks nonimmigrant workers face when traveling internationally prior to the start date of an approved H-1B petition. According to an informal immigration policy known as the “Last Action Rule,” the last... READ MORE

Executive Summary On November 20, 2014, President Obama announced the Immigration Accountability Executive Action, a series of steps directed toward reforming the United States immigration system.   As part of these initiatives, United States Citizenship and Immigration Services (“USCIS”) Director León Rodríguez announced yesterday that the Department of Homeland Security (“DHS”) is extending eligibility for... READ MORE

On November 20, 2014, President Obama announced the Immigration Accountability Executive Action, a series of steps directed toward reforming the United States’ immigration system. Although the media’s attention has primarily focused on provisions relating to deferred action for unauthorized persons, the measures also contain several initiatives aimed at improving the nation’s employment-based immigration system.... READ MORE

U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting cap-subject H-1B petitions on April 1, 2014 for Fiscal Year (“FY”) 2015.  Employers should be aware of this fast-approaching deadline to maximize the possibility of obtaining H-1B spots for foreign national employees.  READ MORE

E-Verify Is Down, but I-9s Are Up Employers who attempted to access E-Verify during the week of October 2 were stopped by the following error message: “E-Verify is currently unavailable due to a government shutdown.”  This error message raised several questions for employers, specifically whether Form I-9 requirements were suspended as well.  This concern... READ MORE

On March 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”) released the long-awaited new Form I-9 for employers.  The new form is available here and features a newly-designed layout, more detailed instructions and additional data fields for completion.  Employers should begin using the new form immediately. Here is what’s new: READ MORE

A new Form I-9 was issued by USCIS yesterday, March 8, 2013.  The newly revised Form I-9 includes additional data fields, improved instructions and a new layout that expands the form to two pages.  Employers should begin using the new Form I-9 now.  However, there will be a 60-day grace period until May 7, 2013,... READ MORE