Latest Articles

In an apparent change in policy, U.S. immigration authorities are now taking a hard-line approach to individuals who have alcohol-related charges or offenses, marking a significant shift in how U.S. Citizenship and Immigration Services and the U.S. Department of State treat visa holders in this predicament. Employers and employees alike should take note of this development as the consequences of having an alcohol related-charge or offense will likely mean USCIS will find individuals ineligible for…
USCIS announced today that it will resume its premium processing service for all H-1B petitions that are subject to this year’s H-1B cap.  This news provides much needed relief to employers and foreign nationals, particularly in those situations where an employee is relying on F-1 optional practical training (OPT) cap gap provisions for work authorization. F-1 OPT cap gap work authorization will expire on Sept. 30, 2017, leaving foreign nationals unable to work unless their…
On Sept. 1, 2017, the U.S Department of State (DOS) updated the Field Adjudicators Manual (FAM) at 9 FAM 302.9-4(B)(3).  The Field Adjudicators Manual (FAM) serves to guide consular officers in their adjudications process, and this particular section provides guidance regarding “misrepresentation” by applicants “at the time of visa application or to DHS when applying for admission or for an immigration benefit.” The changes include the addition of a section entitled “Inconsistent Conduct Within 90 Days…
U.S. Citizenship and Immigration Services (USCIS) is denying Advance Parole (AP) applications when an applicant travels internationally while the application is pending with USCIS.  This represents a big adjudication shift by USCIS, which has for several years allowed certain AP applicants to travel abroad while waiting for USCIS to approve an AP application.  By making this adjudication change, USCIS is reverting back to a literal reading of the law as outlined in the Form I-131’s
Today, USCIS announced that it has now returned all cap-subject H-1B petitions to employers or their representatives that were not selected in fiscal year 2018 following the lottery process.  Any employer that hasn’t received a receipt notice or returned H-1B petition by July 31, 2017, should contact USCIS for assistance. The H-1B cap for fiscal year 2019 will open on April 2, 2018.  It will remain open for a mandated period of five business days. …
Late Friday evening on March 3, 2017, The U.S. Citizenship and Immigration Services (“USCIS”) announced that it will temporarily suspend its premium processing service for all H-1B petitions, including CAP-subject H-1B petitions.  The temporary suspension will begin on Monday, April 3, 2017, and may continue for up to 6 months.  This procedural change is intended to help USCIS clear the backlog of long-pending H-1B petitions that USCIS has not yet reviewed. USCIS will give priority…
In connection with “National Day without Immigrants” held on Thursday, Feb. 16 and Friday, Feb. 17, immigrant employees as well as supporters and sympathizers may have requested time off or, in some instances, called in sick from work to attend protest-related events and activities. Supporters called on the public to refrain from working, opening businesses, and spending money in an effort to show the impact immigrants have on our country each day. Although having employees…
This note addresses the impact of Brexit on UK immigration laws. It is one of a series of GTM Alerts designed to assist businesses in identifying the legal issues to consider and address in response to the UK’s referendum vote of 23 June 2016 to withdraw from the European Union. The issue of freedom of movement of EU nationals was at the heart of the Brexit referendum and will continue to be one of the…
This note addresses the impact of Brexit on UK immigration laws. It is one of a series of GTM Alerts designed to assist businesses in identifying the legal issues to consider and address in response to the UK’s referendum vote of 23 June 2016 to withdraw from the European Union. The issue of freedom of movement of EU nationals was at the heart of the Brexit referendum and will continue to be one of the…
U.S. Citizenship and Immigration Services (USCIS) announced that it will begin premium processing all of this year’s H-1B cap cases on May 12, 2016.  This includes H-1B cases filed under the 20,000 U.S. Master’s degree exemption, and the regular 65,000 H-1B cap. Most, if not all, of the receipt notices issued so far for this year’s H-1B cap cases have referenced a 15-day turnaround time from the receipt date – not the May 12 date. …