In this blog post, we provide responses to frequently asked questions about travel and mobility resources for foreign nationals in Israel, including US citizens.Continue Reading Israel: Mobility Resources for Employers & Employees
The online registration period for the Diversity Visa Program concludes on Tuesday, November 7, 2023, at 12:00 PM EST.
The U.S. Diversity Visa program (DV program, also known as the “green card lottery” or “the visa lottery”) is a unique immigration initiative that has been in place since the 1990’s. This program is designed to diversify the immigrant population of the United States by providing an opportunity for individuals from countries with historically low rates of immigration to the U.S. to obtain a visa and pursue the American Dream.
To participate in the Diversity Visa Lottery, individuals must meet specific eligibility criteria. They must be from a qualifying country, which typically excludes countries with high rates of immigration to the U.S. For the first time, individuals born in the United Kingdom and its dependent territories are eligible. Applicants must also have at least a high school education or two years of work experience in a qualifying occupation and undergo a security background check by the U.S. government. Continue Reading The American Dream Through the Diversity Visa Lottery Program
The US Supreme Court has declined to consider a lawsuit that sought to eliminate a work authorization program widely utilized by foreign graduates of US universities. The Supreme Court’s denial of a writ of certiorari ensures that foreign graduates may continue working through the Department of Homeland Security’s Optional Practical Training (OPT) program, eliminating a…
In a significant move aimed at streamlining and providing additional flexibilities to the employment verification process, the Department of Homeland Security announced a final rule granting certain employers the authority to utilize an optional alternative when examining Form I-9 documentation. The announcement follows the agency’s proposed rulemaking in August 2022 designed to explore alternative means…
To retain the best global talent, many employers leverage the annual H-1B visa lottery to secure work authorization for new employees. The nature of a lottery, however, leads some employers to search for ways to improve their chances of securing that “winning ticket”—and a pathway to retaining key talent in the United States. Recently, the…
Mayer Brown’s Global Mobility and Migration practice recently hosted the American Immigration Lawyers Association (AILA) in honoring Charles “Charlie” Oppenheim for his dedicated public service over the past 43 years at the Department of State. Charlie is a legend in the field: he served as Chief of the Immigrant Visa Control and Reporting Division from 1998 to 2021, when he retired. In this role, Charlie was responsible for determining each month the number of people who could be granted U.S. legal permanent residence (green cards) in each family- and employment-based category. This meant calculating the maximum number of green cards that could be allocated to each country worldwide without exceeding the numerical limits based upon the statutory quotas and preference system set by Congress. To provide additional insights into the process and his predictions, Charlie broadcasted “Chats with Charlie” with the Consular Affairs Press Office every month. He also regularly provided analysis regarding reform proposals to White House and Congressional representatives.Continue Reading Mayer Brown Honors Charlie Oppenheim
On October 5, 2022, the U.S. Court of Appeals for the Fifth Circuit issued a widely anticipated ruling upholding a district court’s determination that the Deferred Action for Childhood Arrivals (DACA) program is unlawful. The decision has no immediate impact on current DACA recipients or their employers, as the three-judge panel stayed its decision pending further review by the district court. In particular, the district court must review a new DACA regulation published by the Department of Homeland Security (DHS) that is set to go into effect on October 31, 2022. The Biden Administration had crafted this new regulation to address the procedural concerns raised by the district court in its earlier ruling against the DACA program.
On October 14, 2022, the district court judge held a status hearing and ruled that the current version of the federal policy can continue, at least temporarily, with the limitations that are presently in place. The judge confirmed that the injunction preventing the government from adjudicating first-time requests for DACA applies to the new regulation. Thus, the new regulation will not take effect on October 31, 2022, for initial applications. The judge ordered attorneys for the federal government to provide more information on the new rule.Continue Reading DACA Developments: Vital Information for Employers and Employees
Note: Updated to reflect the Department of Homeland Security’s notice on 9/15/2022 regarding the next phase of premium processing for petitioners who have a pending Form I-140, Immigrant Petition, under the EB-1 and EB-2 classifications.
The Department of Homeland Security (DHS) is expanding the availability of premium processing for certain pending, employment-based (EB) immigrant petitions, according to its recent alert. The changes specifically affect:
- EB-1 multinational executives and managers; and
- EB-2 professionals with advanced degrees or exceptional ability seeking a national interest waiver (NIW).
This is the third phase of the previously announced plan to expand premium processing. The agency aims to increase efficiency and reduce burdens to the immigration system.Continue Reading Need a Decision Faster? DHS Expands Premium Processing for Certain Employment-Based Petitions
Employers are responsible for verifying the identity and employment authorization of newly hired employees. The Form I-9 (Employment Eligibility Verification) is critical to any employer’s onboarding process for new hires, but ongoing Form I-9 maintenance is equally important with respect to existing employees who need to renew their work authorization documents with the Department of Homeland Security (DHS).
Some employers have faced challenges in this regard following DHS’s recent announcement of a Temporary Final Rule increasing the automatic extension period for employment authorization for certain individuals from 180 to 540 days. The rule was intended to provide additional security to both employees and employers while their renewal applications are being adjudicated by U.S. Citizenship & Immigration Services (USCIS). However, the rule also raises significant considerations for employers seeking to maintain proper Form I-9 compliance and avoid liability for past errors.Continue Reading Critical Form I-9 Compliance Risks as DHS Changes Work Authorization Rules
The “Ukraine Crisis: Ten Key Questions” Q+A series focuses on the fast-evolving crisis in Ukraine with each episode concentrating on specific points of discussion. In this episode, Amy Jacks (Restructuring partner, London) asks Liz Stern (Global Head of Mobility and Managing Partner, Washington DC) ten key questions on mobility.
It provides you with a quick…