On the first day of its new term, the U.S. Supreme Court dealt another setback to the Obama Administration’s executive actions on immigration. The Court denied the Administration’s request for a rehearing on its deferred action programs for undocumented immigrants. United States v. Texas, No. 15-674 (June 23, 2016), reh’g denied (Oct. 3, 2016).
H-1B Lottery Class Action Lawsuit Says System Should be Scrapped
By Jackson Lewis P.C. on
Employers needing foreign talent to fill professional positions obtain work authorization for these individuals most frequently by applying for an H-1B visa. Individuals from across the globe may be sponsored for this type of visa if the position requires a minimum of U.S. Bachelor’s Degree or equivalent. The H-1B visa is often the only way…
Labor Department Announces Procedural Changes to H-2B Visa Program
By Otieno B. Ombok on
In an effort to further streamline the H-2B application process and make it less burdensome for employers, the Department of Labor has announced procedural changes to reduce the amount of documentation to demonstrate “temporary need.”
To get approval to hire H-2B workers, an employer must establish that the need for H-2B workers is temporary in…
Department of State Accepting Applications for Diversity Immigrant Visa Lottery
By Nadine T. Trinh on
The U.S. Department of State has announced that applications for the upcoming Diversity Visa (DV-2018) Lottery will be accepted electronically between noon EDT, October 4, 2016, and noon EDT, November 7, 2016.
The Diversity Immigrant Visa Lottery is administered annually by the Department of State and provides up to 55,000 Diversity Visas each fiscal…
Administration Welcomes Foreign Entrepreneurs with Proposed Rule
By Sean G. Hanagan on
The Department of Homeland Security has closed out the summer with an encouraging proposal designed to allow certain founders of start-up companies from abroad to come to the U.S. for an initial stay of up to two years to build their business here. In a move recognizing the entrepreneurial spirit embodied by the many foreign…
L-1 Visa Applicants on Blanket L Petition Must Use of New Form I-129S starting August 29, 2016
By Marko C. Maglich on
The Department of State reportedly has confirmed that starting August 29, 2016, U.S. consular posts (i.e., embassies, consulates general, and other U.S. missions abroad) will accept only USCIS’s new, June 2, 2016, version of Form I-129S from L-1 nonimmigrant intracompany transferees. This is in line with USCIS’s prior announcement, at www.uscis.gov: “Starting 08/29/2016, USCIS …
U.S. Immigration Agencies Take Next Steps to Follow U.S. Supreme Court Same-Sex Marriage Decision
By Jackson Lewis P.C. on
Posted in US Immigration, USCIS
Author: Helen Pihlstrom.
The U.S. Citizenship and Immigration Service has provided additional guidance on the implementation of the Supreme Court’s United States v. Windsor ruling, which invalidated part of the Defense of Marriage Act. In a Frequently Asked Questions, last updated on August 2, 2013, USCIS addresses in more detail how it will handle
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USCIS Approves P-1 Visa Petition for Professional eSports Team
By Jackson Lewis P.C. on
Posted in US Immigration, USCIS
AUTHOR: Robert Neale.
CNET, a leading tech media website, has reported that the United States Citizenship and Immigration Services (USCIS) had approved a P-1 petition submitted by a professional electronic sports (or “eSports”) gaming team from the United Kingdom. This is the first report that USCIS has approved P-1 status to a professional eSports team.
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Why USCIS Will Be Contacting Your Employees
By Jackson Lewis P.C. on
On July 1, 2013, USCIS announced its latest “customer service enhancement” to E-Verify. If an employee voluntarily provides his or her email address on the Form I-9, E-Verify will notify the employee directly of a Tentative Non- Confirmation (TNC) at the same time it notifies the employer. Given that E-Verify monitors how an employer…
A DREAM for Employers?
By Jackson Lewis P.C. on
Posted in US Immigration, USCIS
The DREAM Act (Development, Relief, and Education for Alien Minors) is a bipartisan bill that has failed in Congress time and again since its initial proposal in 2001. The basic tenets of the Act would provide conditional temporary residency to certain illegal immigrants if the individuals are of good moral character, have graduated from U.S.