Tag Archives: Immigration Law

DHS Announces Final Rule on STEM OPT Employment Authorization

Immigration entry stamp on the inside page of a passport.  Note that I have deliberately left the background inky and blotchy.

The final rule adds employer obligations to the STEM OPT program. The US Department of Homeland Security has released an advance version of its long-anticipated final rule that expands employment authorization for foreign students with science, technology, engineering, or mathematics (STEM) degrees. The rule, which will be published in the Federal Register on March 11 …

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Big signboard of Immigration at the airport

Department of State Releases March 2016 Visa Bulletin

Employment-based second- and third-preference China categories show significant advancement. The US Department of State (DOS) has released its March 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status and consular immigrant visa application filings and approvals. What Does the March …

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Department of State Issues March 2016 Visa Bulletin – China EB-3 Now Even with EB-5, Expectations Set For Coming Months

The March 2016 Visa Bulletin is now available online.  The significant news arises in the EB-3 category with respect to dates for filing visa applications: EB-3 Worldwide is now current. EB-3 China has advanced from Oct. 1, 2013, to May 1, 2015, making the native Chinese EB-3 and EB-5 filing dates identical. Compared to February, …

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Big signboard of Immigration at the airport

Department of State Releases February 2016 Visa Bulletin

Employment-based adjustment of status applicants must file using the Application Final Action Dates chart. The US Department of State (DOS) has released its February 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status and consular immigrant visa application filings and …

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Visa Waiver Program Changes Now Being Implemented

VWP nationals who have visited Iran, Iraq, Sudan, or Syria since March 1, 2011, or who hold dual nationality with one of the countries are no longer eligible for the VWP. The United States on January 21, 2016, began to implement changes to the Visa Waiver Program (VWP) that were mandated under the Visa Waiver …

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U.S. Supreme Court Agrees to Review Obama Immigration Action Case

The U.S. Supreme Court agreed today to hear a case challenging President Barack Obama’s executive action on immigration. The Supreme Court will decide whether President Obama can proceed with plans to defer deportation and provide work authorization to millions of individuals currently in the United States without lawful status. The Supreme Court granted certiorari in …

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USCIS Issues New Rule for Highly Skilled Workers: U.S. Citizenship and Immigration Services

U.S. Citizenship and Immigration Services (“USCIS”) issued its long-awaited final rule regarding highly skilled workers from Australia, Chile, Singapore, and the Commonwealth of the Northern Mariana Islands (“CNMI”), along with amendments favoring employment-based immigration. In summary, this rule: facilitates more favorable processing of H-1B1 and E-3 treaty-based extension of status petitions; adds E-3 Australian, H-1B1 …

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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 Islands (CNMI)-Only …

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Exercise Care When Terminating Employee Who Holds H-1B Status

If an employer doesn’t follow certain requirements when it terminates an employee holding an H-1B visa, then the employer could be surprised to learn that employee wasn’t properly terminated, and the obligation to pay that employee wages and benefits continues despite the attempted termination. As background, Department of Labor (DOL) regulations at 20 CFR §655.731 …

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US Department of State Issues November 2015 Visa Bulletin

Immigration entry stamp on the inside page of a passport.  Note that I have deliberately left the background inky and blotchy.

The new bulletin shows no movement in filing date cutoffs and little movement in approval date cutoffs for those chargeable to India and China. The November 2015 Visa Bulletin shows little change from the October 2015 Visa Bulletin issued on September 25. The new category of filing date cutoffs remains exactly the same as in …

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