DHS Final Rule on F-1 Students and J-1 Exchange Visitors
DHS publishes new rules affecting F-1 Students and J-1 Exchange Visitors.
Electronic Device Searches at U.S. Ports of Entry: What You Need to Know
U.S. Customs and Border Protection (CBP) has the authority to search electronic devices—including phones, laptops, tablets and other electronic devices—of anyone entering the U.S., including U.S. citizens and non-citizens. These searches can happen at U.S. land crossings, airports, seaports, and at CBP preclearance locations abroad. These searches can occur without a warrant or suspicion.
Birthright Citizenship Affirmed by the Supreme Court
Supreme Court Upholds Birthright Citizenship under the Fourteenth Amendment of the U.S. Constitution.
Federal Court Strikes Down $100,000 H-1B Fee
On June 8, 2026, a federal court for the District of Massachusetts ruled that a new $100,000 payment required for certain H-1B visa petitions is unlawful. The court's ruling effectively eliminates the fee.
USCIS Says Adjustment of Status Is a Discretionary Extraordinary Benefit, Not a Right
Trump Administration announces new immigration policy limiting Adjustment of Status.
October 2020 Visa Bulletin
If you are inquiring about the status of your Adjustment of Status case(s) filed in November, please note that given the mass number of case filings, we anticipate that we will not receive the Receipt Notices for at least 6 to 8 weeks from filing (and perhaps longer). Upon arrival of the Receipt ...
The U.S. Supreme Court Rules In Favor of Dreamers
In a 5-4 decision issued June 18, 2020, the U.S. Supreme Court held that the Trump Administration's cancellation of the Deferred Action for Childhood Arrivals program (DACA), which currently protects approximately 800,000 immigrants from deportation, was improper. In short, DACA is a program crea...
Temporary Protected Status – A State of Disarray
Temporary Protected Status (TPS) is, for lack of a better description, temporary lawful residence in the United States. TPS gives the holder the ability to live and work in the United States during the period of validity. The Secretary of Homeland Security may designate a foreign country for TPS...
New Year’s Resolutions for Human Resource Professionals – To Make Your Immigration Counsel Happy!
New Year's Resolutions for Human Resource Professionals – To Make Your Immigration Counsel Happy! “The new year stands before us, like a chapter in a book, waiting to be written. We can help write that story by setting goals.” The start of a new year often means folks are seeking a fresh start, p...
USCIS Makes a Move on Processing L Visa Petitions
On February 12, 2018, the Texas Service Center (TSC) will begin processing L-1A and B Visa Petitions normally processed by the Vermont Service Center (VSC). The California Service Center (CSC) will continue to handle L Visa Petitions. This move is made by the USCIS to “balance workloads and to p...
2018 H-1B Lottery Completed – Anxiously Awaiting Lottery Results!
In the weeks following the opening and closing of the annual H-1B filing window, which I affectionately describe as “Duck Season for Immigration Lawyers,” we immigration lawyers, our clients and the clients' international employees, anxiously await results on who won the lottery – the H-1B lotter...
The State of H-4 Employment Authorization
It was long the case that H-4 Visa holders were not eligible to work in the United States. H-4 Visa holders are the spouses and minor (unmarried) children of H-1B Visas holders. In May 2015 the Department of Homeland Security announced that certain H-4 Spouses would be eligible to work. Specifica...
Computer Programmers: Not a Slam Dunk for H-1Bs
The USCIS, by Memorandum dated March 31, 2017, rescinded a December 22, 2000 Memorandum titled “Guidance memo on H1B computer related positions.” The 2000 Memorandum provided guidance on whether certain computer-related occupations qualified as “specialty occupations” – namely the role of Comput...
USCIS Initiates Lockout on Dormant E-Verify User Accounts
E-Verify announced in June 2016 that it will start locking (deactivating) user IDs that have not been accessed for 270 days. The deactivation process begins on August 1, 2016 and is a retroactive look-back as of August 1st. This means that as of August 1, 2016, a user account that has not been ac...
File Now, Save Later!
USCIS Aims to Increase Fees on Majority of USCIS Forms “Giving money and power to government is like giving whiskey and car keys to teenage boys.” ~ P. J. O'Rourke Despite the folly of giving your money to the government, you will soon be handing over even more. This month the Department of Home...
March Madness – It Isn’t All Fun and Games!
The mention of March Madness brings to mind a joyous frenzy of basketball predictions, odds and good-hearted banter. To immigration lawyers, HR Staff, Recruiters and highly skilled workers, March Madness entails a systematic, yet frenzied, unpredictable approach to the hiring of and employment of...
H-1B and L-1 Government Fees Skyrocket!
On December 18, 2015 President Obama signed into law the FY2016 Omnibus Appropriations Bill, which includes a provision reinstating the Supplemental Fees charged to U.S. employers who are considered “heavy” users of the H-1B and L visa programs. First, let's talk facts: The new fees were effectiv...
New Year’s Resolutions – With a Little Help From Your Immigration Counsel!
“The new year stands before us, like a chapter in a book, waiting to be written. We can help write that story by setting goals.” ~ Melody Beattie The holidays have passed. The decorations are down and packed away. Folks are settling into the new year with a fresh start, percolating ideas and ch...
Oh the Joy of Immigration Policy!
“Think ahead. Don't let day-to-day operations drive out planning. ” Donald Rumsfeld Developing company policies is a multi-faceted process that requires time, thought, insight, debate and a desire to develop systems that reliably manage people, a program or a process. Immigration is one of those...