On May 31, 2019, the US Department of State (“DOS” or “Department”) updated its visa application forms to require persons seeking US visas to disclose their social media identifiers.  The DOS defines “identifier” to include any name used on a social media platform like Facebook, Instagram, or Twitter.  The Department’s FAQs state that the information

Last Thursday, President Trump unveiled an immigration plan that prioritizes skilled workers entering the United States and introduces a new “Build America” visa based on a points-based system.  Law360 spoke to Mayer Brown’s Elizabeth Espin Stern and Paul Virtue about the potential impact of the plan, including whether raising the bar for what constitutes a skilled worker might reduce the overall number of skilled workers admitted into the United States. Read the article here.


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President Trump unveiled his plan to “transform” the US immigration system, during a speech given at the White House on May 16, 2019. He emphasized two goals for his plan: “First, it stops illegal immigration and fully secures the border.  And, second, it establishes a new legal immigration system that protects American wages, promotes American

Effective May 1, 2019, the US Embassy in Tel Aviv will begin accepting E-2 visa applications filed by Israeli citizens.  This long-awaited announcement comes close to seven years after President Obama signed legislation in 2012 implementing a bilateral investment treaty with Israel on the condition that Israel provide reciprocal immigration status for American investors.  The

As USCIS increases scrutiny of immigration filings, processing times for nearly all immigration categories has increased, as has the margin of error at agency service centers.  Liz Stern discusses changes within the agency, and how those changes are impacting employers and foreign nationals applying for US immigration benefits in a recent Law360 article.

On March 11, 2019, USCIS will publish a revised Form I-539 with an edition date of February 4, 2019. Effective March 11, USCIS will only accept the new I-539; all previous editions will be rejected.  In addition, the agency will introduce a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status to change

The Department of Homeland Security (“DHS”) has posted a final rule regarding the H-1B cap selection process. The rule will be published in the Federal Register on January 31, 2019 and will go into effect on April 1, 2019.

The Final Rule

The posted rule is the final version of the proposed rule titled “Registration Requirement for Petitions Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens,” which was published for public comments on December 3, 2018.  During the 30-day comment period, the proposed rule received over 800 public comments.
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On January 25, 2019, US Citizenship and Immigration Services (USCIS) announced that the agency would reinstate premium processing for H-1B petitions filed last April under the FY 2019 annual quota (the “cap”), including those eligible for the advanced degree exemption (i.e., holders of US master’s degrees or higher). This reinstatement of premium processing is only available for pending petitions and will not apply to new submissions, as the FY 2019 cap quota has already been met.

The premium processing service permits employers to pay an additional fee of $1,410 to have an immigration benefit adjudicated within 15 days, and USCIS will return the additional fee to the employer if the benefit application is not timely adjudicated.
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Every January, employers go into high gear to prepare H-1B cap-subject petitions for filing on the first business day of April.  This year, employers must also monitor for potential regulatory changes to the filing process.  On December 3, 2018, the Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register titled “Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens.”  The 30-day public comment period closed January 2, 2019, and employers remain in wait for the impact to this year’s cap-subject filings.  While President Trump tweeted about H-1B changes that “are soon coming,” it is not clear whether they relate to the proposed rule.

The proposed rule seeks to accomplish two goals: streamline the H-1B selection and filing process by creating a pre-registration system, and increase the chances of selection for H-1B petitions eligible for the advanced degree exemption by reversing the order in which the cap lotteries are run.

US Citizenship & Immigration Services (the agency responsible for immigration benefits within DHS) received over 800 comments on the proposed regulation, including comments from the US Chamber of Commerce, the American Medical Association, and the American Immigration Lawyers Association.  The public comments criticize the proposed timeline and logistics, identify impacts stretching beyond immigration law, and suggest that the proposed rule may face court challenges if implemented:


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