A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification, specifically on the “significant public interest” category in the Foreign Affairs Manual (FAM), provides valuable guidance for individuals
Continue Reading Navigating Visa Challenges: DOS Updates on Inadmissibility WaiversMahsa Aliaskari
H-1B Cap Rule – Did it Work?
By: Mahsa Aliaskari and Daniela Mayer
As noted in our post in February 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule updating the H-1B cap registration process and creating a beneficiary-centric selection process. The rule took effect this year with the FY25 H-1B cap registration period…
Continue Reading H-1B Cap Rule – Did it Work?Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?
Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is not just about technology- it brings with it a host of implications, including a significant move…
Continue Reading Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?USCIS Premium Processing Fee Increase
As many of us started to think about weekend plans, this afternoon, USCIS promised us an interesting Monday with its latest announcement. Effective Monday, October 19, 2020, the premium processing fee associated with the expedited 15 day review of eligible petitions filed with USCIS will increase from $1,440 to $2,500. …
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FAQ – New Proclamation Suspending Entry of H-1B, L-1, J-1, and H-2B Nonimmigrants
Seyfarth Synopsis: President Trump issued a new entry ban directly affecting foreign nationals in H-1B, H-2B, J-1 and L-1 status. Below is a list of 20 questions and answers that have surfaced in the first 24 hours since the proclamation was published.
1. When does the entry ban take effect and for how long?
The entry ban portion of the proclamation takes effect at 12:01 a.m. Eastern Standard Time on June 24, 2020. The proclamation also extends a previous order that banned certain immigrant visas (i.e., green cards) from being issued by the U.S. Department of State. Both provisions will last until at least December 31, 2020.
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A Win for Dreamers: Supreme Court Rejects Bid to end DACA
Seyfarth Synopsis: The Supreme Court allows DACA to proceed on the grounds that DHS did not meet the regulatory Administrative Procedures Act requirements in rescinding the program. The Court did not rule on the legality of the DACA program itself.
In the Supreme Court’s June 18th decision on Department of Homeland Security v. Regents of the University of California, the Court rejected an attempt to dismantle the Deferred Action for Childhood Arrivals (DACA) program on the grounds that the Administration failed to abide by regulatory procedures.
Continue Reading A Win for Dreamers: Supreme Court Rejects Bid to end DACA
USCIS to Reopen Offices on June 4th
On April 24, 2020, US Citizenship and Immigration Services (USCIS) announced a targeted reopening date of June 4, 2020 for offices that are currently closed in response to COVID-19.
What is impacted by this reopening announcement?
This impacts offices that provide in-person services, including field offices, asylum offices and application support centers (ASCs). On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at these offices to help slow the spread of COVID-19.
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It Shall be Tweeted, It Shall be Written: Temporary Suspension of Immigrant Entry
Seyfarth Synopsis: The President’s Proclamation will pause the issuance of immigrant visas for those seeking lawful permanent residence (Green Card) status through consular processing at posts outside of the U.S. for the next 60 days. This order is limited in scope and should not have a significant impact on the transfer of global talent.
On Wednesday, April 22, 2020, President Trump issued a proclamation to pause the issuance of new Immigrant Visas outside the U.S. for an initial period of 60 days, taking effect at 11:59 p.m. on Thursday, April 23, 2020.
Continue Reading It Shall be Tweeted, It Shall be Written: Temporary Suspension of Immigrant Entry
Executive Order on Temporary Suspension of Immigrant Visas Announced
Seyfarth Synopsis: Following a late-night tweet from the President on suspending immigration into the U.S., we have learned today that the President’s executive order (“EO”) on immigration will be limited in scope. The EO is expected to pause the issuance of immigrant visas for those seeking lawful permanent residence (Green Card) status through consular processing at posts outside of the U.S. The EO is limited in scope and should not have a significant impact on the transfer of global talent. This is true, especially because existing travel restrictions and consulate closures abroad have already brought these Immigrant Visa processes to a near halt.
Following his Monday night Tweet regarding an executive order temporarily suspending immigration into the United States, President Trump announced during his evening COVID-19 briefing on Tuesday, April 21, 2020, that this order will pause the issuance of Immigrant Visas for 60 days. Preliminary information indicates the moratorium will only affect individuals applying for immigrant visas abroad. Those present, in the U.S., seeking to adjust to Lawful Permanent Resident (LPR or “green card”) status by filing for an I-485 adjustment of status application with the U.S. Citizenship and Immigration Service will be able to continue the process.
Continue Reading Executive Order on Temporary Suspension of Immigrant Visas Announced
F-1 Student Workers & COVID-19 Impacts on Employment
Seyfarth Blog Synopsis: In today’s posting we discuss the impact that furloughs and layoffs may have on F-1 student workers and related employer obligations.
Attracting and retaining talent involves recruitment of recent graduates and those completing their studies at universities in the U.S. This talent pool often includes great candidates who are in the U.S. as students on temporary F-1 visas. U.S. Based businesses and the F-1 students who they employ now face new challenges as employers move forward with temporary or sometimes permanent cost saving measures through salary reductions, furloughs or layoffs in response to the impacts of COVID-19. This post provides an overview of some of the commonly asked questions to help employers navigating through ongoing changes.
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