Effective immediately, United States Citizenship and Immigration Services (USCIS) will resume premium processing for select cap-exempt H-1B petitions. Cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service, along with the filing fee of $1,225.  

Such petitioners include: 

  • An institution of higher education;
  • A nonprofit related to or affiliated with an institution of higher education; and
  • A nonprofit research or governmental research organization.

Premium processing will also resume for petitions where the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity. 

USCIS will make future additional announcements regarding resuming the premium processing for additional H-1B petitions. Please contact your Mintz Levin immigration attorney with any questions.

On Wednesday, May 24, our very own Kevin McNamara, Jen Rubin, and Bill Coffman will lead a live seminar in our San Diego office designed for in-house counsel, immigration specialists, HR professionals, talent managers, and other internal stakeholders to review changes affecting the hiring and continued employment of foreign nationals and provide guidance for compliance in an era of increased enforcement. Topics will include:

  • Worksite visit preparation, including recordkeeping requirements
  • New, highly-skilled worker regulations and how they help you and your employees
  • Immigration consequences of hiring, terminations, and mergers & acquisitions
  • I-9, E-Verify, and H-1B compliance

Similar seminars in Boston and New York received great reviews. Don’t miss out! For additional details and to register, click here or contact Cassie Bent at CMBent@mintz.com.

On May 3, 2017, USCIS announced that it has completed data entry of all H-1B cap-subject petitions selected in the FY2018 lottery. We continue to receive receipt notices for selected petitions. USCIS will now begin returning all H-1B cap-subject petitions that were not selected, together with their respective filing fees. USCIS has not provided a definite timeframe for returning these petitions, but has stated that it will issue an announcement once all the unselected petitions have been returned. To read our full alert, click here.

As a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, higher immigration fines and penalties will go into effect on August 1, 2016.   The fines and penalties cover Form I-9 paperwork violations, the unlawful employment of immigrant workers, certain temporary work visa programs, and immigration-related discrimination in hiring and employment. While these fines come into effect on August 1, they will be used for violations that occurred after November 2, 2015, the day the bill was signed into law.

Continue Reading Higher Immigration Penalties for I-9 and Other Violations Going Into Effect August 1, 2016

From: Ned Help

To: Carrie Counselor

Subject:    URGENT: Employee Detained at the Airport?

Carrie:

What an afternoon!  When Winston Wild’s manager called me, indicating that he was detained at Pearson International Airport, we did not know what to do, which is why I called you.

Thank you for calling Winston Wild so quickly and explaining that he was only delayed and placed in Secondary Inspection.  This scare made me realize that I have little understanding about what our employees might experience at the airport and what could go wrong.  When you have a moment, please explain what you mean by “secondary inspection” and strategies we can employ internally when something goes awry at the airport. Continue Reading Innocents Abroad: Emergency at the Border—Key Considerations

The diversity visa green card lottery has been an important part of U.S. immigration law for the last 20 years.  It allows 55,000 foreign nationals to immigrate each year and was implemented to fulfill the worthy goal of increasing the diversity of immigrants in the U.S.  This policy is implemented each year after government analysis of the countries of origin of immigrants in other green card categories and then allocating the 55,000 green cards allowed by law amongst those underrepresented countries of origin.

There is another immigration lottery that occurs around this time of year for one of the most essential visa categories to U.S. business—the H-1B. You may have read my post on this subject last year, and unfortunately this year’s post looks quite similar, because almost nothing has changed.  Continue Reading Immigration Policy By Lottery? Another Year, Nothing Changes.

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 fourth post we will discuss executive action on H-4 EADs and the related lawsuit. 

After DHS announced that some H-4 spouses of H-1B workers would be eligible for work authorization, a group called Save Jobs USA filed suit against DHS to stop implementation of the rule. The battle between Save Jobs USA and DHS over regulations granting work authorization to certain H-4 visa holders continues in the United States District Court for the District of Columbia with both sides having filed motions for summary judgment during 2015.

Continue Reading A Preview of Business Immigration in 2016: H-4 EAD Reforms (Part 4/6)

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