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Immigration Law

Innovative thinking and practical solutions

A Preview of Business Immigration in 2016: OPT (Part 2/6)

Posted in 2016 Immigration Issues Series, F-1 Visas, OPT

From proposals to overhaul OPT to decreasing the number of H-1Bs, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases, legislation, and regulations to look out for in the new year. In our second post we will discuss regulatory issues with OPT. 

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A Preview of Business Immigration in 2016: H-1Bs (Part 1/6)

Posted in 2016 Immigration Issues Series, Immigration Reform

From proposals to slash the H-1B cap to overhauling the EB-5 investor program, 2016 is already proving to be an interesting year for business immigration. In a series of posts, the Mintz Levin team will provide an overview of the cases, legislation, and regulations to look out for in the new year. In our first post we will discuss the H-1B visa and proposed reforms.  Continue Reading

CBP releases FAQ on Visa Waiver Program: Rule Changes

Posted in CBP News, DOS

On December 18, 2015, President Obama signed the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015” into law. On January 21, 2016, the Department of Homeland Security (DHS) and Department of State (DOS) began implementing changes to the Visa Waiver Program (“VWP”). There are two main changes to the program: individuals who have traveled to Iran, Iraq, Sudan, and Syria since March 1, 2011 (with limited exceptions) and/or are dual nationals of one of those countries and a VWP country are, with limited exceptions, no longer eligible for the VWP. However, these individuals may apply for a nonimmigrant visitor’s visa at a US consular post abroad, where they will be subject to the normal vetting process for US visas. Continue Reading

2nd Circuit Court Requires I-140 Revocation Notice: Analysis

Posted in Green Card Sponsorship, Immigrant Visa

On December 30, 2015, the US Court of Appeals for the 2nd Circuit ruled that US Citizenship and Immigration Services (USCIS) must notify either the beneficiary of an approved I-140 or successor employer, of any intent to revoke the petition prior to revocation (Mantena v. Johnson, Docket No. 14-2476-cv, (2nd Cir., Dec. 30, 2015)).  Continue Reading

Supreme Court will hear DACA/ DAPA Appeal

Posted in DACA, DAPA

The Supreme Court will hear the Obama administration’s appeal of the 5th Circuit Court’s decision to uphold the nationwide injunction of the expansion of Deferred Action for Children (DACA) and implementation of Deferred Action for Parents of Americans (DAPA) set by federal Judge Andrew Hanen in Texas.

In addition to the procedural issues of comment and potential harm discussed in the lower courts, the Supreme Court asked both, “the federal government and the states suing it to address whether the executive actions on immigration violate the Constitution’s take care clause — an issue that was not definitively decided by lower courts that have ruled on the case.”

Canada Mandates New Electronic Travel Authorization Program

Posted in Global

Canada has mandated registration in a new electronic travel authorization program (“eTA”) for many individuals who do not require visas to travel to Canada. Introduced in August 2015, the program becomes mandatory for many visa-exempt individuals traveling to Canada by air on or after March 15, 2016. Individuals traveling to Canada by land or sea are exempt from registering. Citizens of the United States are exempt from the eTA system regardless of whether they travel to Canada by air, land, or sea.  Continue Reading

DHS Proposes New Rule for Increased Job Flexibility: Part 2

Posted in Immigration Reform, Nonimmigrant Visas

This is part 2 of our analysis of the proposed rule published by DHS on December 30, 2015, addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants.

Proposed Rule Focus: Nonimmigrant Visas and EADs

In the previous post we focused on the potential benefits and consolidation of current policy for individuals already in the permanent residency process. This post will focus on the proposed policies for nonimmigrant visa holders who are not currently sponsored for an immigrant visa and employment authorization document changes. Many of the details in the proposed rule are currently executed under individual memos or practice. This rule addresses several of individually small issues, but taken together is intended to constitute an overall policy of increased flexibility and fairness in the U.S. job market for immigrant and nonimmigrant workers. Continue Reading

DHS Proposes New Rule for Increased Job Flexibility: Part 1

Posted in Green Card, Green Card Sponsorship, Immigrant Visa

On December 31st, the Department of Homeland Security issued a proposed rule addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants. The new rule proposes to amend current regulations to “clarify and improve longstanding agency policies” related to provisions in both the American Competitiveness in the Twenty-first Century Act of 2000 (“AC21”) and the American Competitiveness and Workforce Improvement Act of 1998 (“ACWIA”). When implemented, the rule has the potential to provide a clear adjudication system for USCIS and benefits for foreign nationals who would like more flexibility in the U.S. job market. While actual implementation is historically varied, we are cautiously optimistic that this rule will provide more standardized guidance for petition and application adjudication at the service centers. This post will examine the benefits for individuals who are already in the permanent residency process. Continue Reading

Law 360’s Top Immigration Cases of 2015: SEC Enforcement in EB-5

Posted in EB-5, SEC Enforcement

Law 360 published a review of the top immigration cases of 2015, and quoted Mintz Levin Member Douglas Hauer discussing SEC enforcement in EB-5 cases:

The U.S. Securities and Exchange Commission launched several suits in 2015 over alleged fraud in connection with the EB-5 program… “I think that it’s no coincidence that timed right with the legislative changes, we’re seeing USCIS and the SEC focus more and more on enforcement, and on ensuring that the EB-5 program has integrity,” said Douglas Hauer…., who predicted that the SEC activity would spike between now and 2018.

The Mintz Levin team previously published an advisory on limiting securities litigation risks in EB-5 offerings.