USCIS Reverses Course – STEM OPT Students May Now Work At 3rd Party Client Sites
9/18/18
By: Ken Levine
On August 17th U.S. Citizenship and Immigration Services (USCIS) posted an announcement on their website to publicize the agency’s decision to once again allow STEM OPT F-1 students to engage in training programs at a third-party …
8/9/18
By: Layli Eskandari Deal
A lawsuit filed by thousands of detained immigrants held at the Northwest Detention Center (NWDC) in Tacoma, Washington alleges systematic wage theft by GEO Group, Inc. The Plaintiffs seek to recover wages under the Washington Minimum …
USCIS Creates Another Roadblock for Legal Immigrants
8/8/18
By: Kenneth Levine
A proposed Trump administration change to the “public charge” regulations, expected to be issued within the next few months, will dramatically alter the process for how Immigration Officers determine eligibility for citizenship or permanent residency. USCIS designates …
A Contradiction In Terms – Recent Developments On 3rd Party Placement Of STEM Opt Students
7/13/18
By: Kenneth Levine
In April 2018, USCIS issued official guidance that precluded the assigning of a U.S. employer’s STEM OPT employees to off-site third-party locations. A STEM OPT employee is a foreign national who is pursing “practical training” through a …
U.S. Supreme Court Upholds President Trump’s Travel Ban
6/27/18
By: Layli Eskandari Deal
The U.S. Supreme Court, in a 5-4 decision, upheld President Trump’s latest travel ban. The Court dismissed the anti-Muslim statements of President Trump and other administration officials when evaluating the legality of the ban. The decision …
DOJ and USCIS Join Forces Creating a Tougher Road for Employers
5/18/18
By: Layli Eskandari Deal
On May 11, 2018, U.S. Citizenship and Immigration Services (USCIS) and Department of Justice (DOJ) entered into a Memorandum of Understanding regarding information sharing and case referrals. USCIS and DOJ state that this effort is meant …
Foreign Students and Exchange Visitors Beware!
5/15/18
By: Layli Eskandari Deal
On May 10, 2018, USCIS published a Policy Memorandum to provide guidance on how the agency will be calculating unlawful presence for F-1, J-1, and M-1 nonimmigrant visa holders and their dependents.
Generally, foreign students and …
What Should I Do If The Government Invites Our Company To Participate In A Program?
4/25/18
By: Kenneth S. Levine
The FMG Immigration Section was recently asked to address a client’s question on how they should respond to an emailed “invitation” by the USCIS E-Verify Unit for their company to participate in a quality control program. …
H-1B Visa Lottery: More Than One Ticket to the Jackpot?
4/5/18
The answer is No. U.S. Citizenship & Immigration Services (USCIS) has adopted a ruling made by the Administrative Appeals Office (AAO) to prohibit multiple H-1B visa request by related entities on behalf of the same beneficiary …
Supreme Court on Prolonged Detention and Bond for Immigrants
3/27/18
By: Layli Eskandari Deal
Immigration has been a hot topic in the news lately due to the various issues being litigated in the Courts. Recently the Supreme Court made a ruling on the issue of prolonged detention by Immigration and …
Planning To File Your 2018 H-1B Cap Case Under Premium Processing? Not So Fast…
3/27/18
By: Kenneth S. Levine
On March 20th USCIS announced an indefinite suspension of the premium processing program for H-1B visa petitions that are subject to the 2018 statutory cap. The annual statutory cap limits the total of H-1B …
2/19/18
By: Kenneth S. Levine
On 2/15/2018 four (4) separate legislative bills that sought to address the March 5th termination of the DACA program, border security, family-based immigration and the Diversity Lottery were put up for a vote in the …