In June 2018, Congress held a hearing on “Citizenship for Sale: Oversight of the EB-5 Investor Visa Program.” The current EB-5 program allows wealthy individuals to apply for and obtain green cards by investing anywhere from $500,000 to $1,000,000 in U.S. enterprises. Like any other green card holders, after five years, the beneficiaries can apply
F-1 Student Visa, Optional Practical Training Risks Continue
Although there have been discussions for some time that the Trump Administration would change the rules regarding Optional Practical Training (OPT), OPT did not show up in the most recent “regulatory agenda.”
Nevertheless, the Administration has been putting limits on F-1 students in other ways. Those changes, at least in part, are responsible for a
USCIS Announces FY 2019 H-1B Cap Reached, Total Down Slightly
USCIS received 190,098 H-1B petitions during the first week of April. The cap has been reached every year for the past six years but the total is down from last year’s total of 199,000. The Service conducted its computer-generated random selection process on April 11th. In line with its usual practice, USCIS conducted
Insights: Options for Haitians in TPS
In May, the Temporary Protected Status (TPS) program for Haitians was extended for six months, until January 22, 2018. Generally extended in 18-month intervals, then-Secretary of Homeland Security John Kelly had extended the Haitian TPS for six months only because “Haiti has made progress across several fronts since the devastating earthquake . . .
Federal Government Targets H-1B Visa Fraud by Employers with Focus on Outsourcing
In line with its focus on compliance and enforcement of existing laws, the Trump Administration has announced measures to “deter and detect H-1B visa fraud and abuse” and to protect American workers just as thousands of H-1B visa petitions are inundating USCIS Service Centers on April 3 (the beginning of the H-1B season for FY
State Department May Revoke Visa for DUI Arrest without Determination of Guilt
Individuals who hold nonimmigrant visas in the U.S. are likely to face severe consequences if arrested for Driving Under the Influence (DUI) or a related offense, based on the recently released guidance from the U.S. Department of State (DOS).
Earlier this year, DOS made public all unclassified content in Volume 9 of its Foreign Affairs
Employers Risk Higher Penalties for Hiring Unauthorized Workers
The U.S. Department of Justice is increasing civil monetary penalties substantially for employers who knowingly employ an unauthorized worker and for certain other immigration-related violations, according to an interim final rule the Department has published. The rule will take effect on August 1, 2016, and will apply to violations occurring after November 2, 2016. The
New DHS Final Rule on Additional STEM Optional Practical Training, Effective May 10, 2016
The Department of Homeland Security has begun implementing the new, additional 24 months of F-1 Optional Practical Training (“OPT”) work authorization for foreign students with a STEM major. This is a major in science, technology, engineering or mathematics.
What’s new?
- New I-983 Form, Training Plan for STEM Students. – The employer and the student must
New Rule Provides Additional Flexibility, Enhanced Opportunities for Certain Highly Skills Workers
On January 13, 2016, the Department of Homeland Security (“DHS”) released an advance copy of an updated rule providing additional flexibility and enhanced opportunities for certain highly skilled workers. It covers workers who are in the U.S. in H-1B1 (from Chile and Singapore), E-3 (from Australia), temporary workers in the Commonwealth of the Northern Mariana
H-1B Amendment Required for Change in Place of Employment
U.S. immigration law requires that a U.S. H-1B employer must file an amended H-1B petition if there is a material change in the terms and conditions of the H-1B employment. However, prior USCIS informal opinion letter or guidance provided little guidance on the types of changes that would constitute a material change. In the event