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Immigration - General

Articles Discussing General Topics In Employing Immigrants.

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U.S. Customs and Border Protection Rolls Out New Provisional I-94 Program

Jackson Lewis P.C.·

Travelers arriving at U.S. land-based ports of entry now can apply online for an I?94 in advance of their arrival in exchange for a $6 fee under a new program U.S. Customs and Border Protection announced on September 29, 2016.

Supreme Court Denies Rehearing Request on Immigration Executive Action

Jackson Lewis P.C.·

On the first day of its new term, the U.S. Supreme Court dealt another setback to the Obama Administration’s executive actions on immigration. The Court denied the Administration’s request for a rehearing on its deferred action programs for undocumented immigrants. United States v. Texas, No. 15-674

UPDATE: Compliance Date Extended for Electronic Travel Authorization Requirement for Visa-Exempt Travelers to Canada

FordHarrison·

The compliance date for Canada's new Electronic Travel Authorization (eTA) requirement, which was set to become effective September 29, 2016, has been extended until November 9, 2016, to minimize travel disruptions and give travelers and airlines more time to prepare for changes when flying to or tr

Department of State Accepting Applications for Diversity Immigrant Visa Lottery

Jackson Lewis P.C.·

The U.S. Department of State has announced that applications for the upcoming Diversity Visa (DV-2018) Lottery will be accepted electronically between noon EDT, October 4, 2016, and noon EDT, November 7, 2016.

Effective September 29, Certain Visa-Exempt Travelers to Canada Must Have an Electronic Travel Authorization to Enter the Country by Air

FordHarrison·

Executive Summary: A change to Canadian law that will take effect September 29, 2016, could have a significant impact on airline industry employers, as well as those in other industries whose employees frequently travel by air to Canada. The change will require all visa-exempt nationals (other than

Administration Welcomes Foreign Entrepreneurs with Proposed Rule

Jackson Lewis P.C.·

The Department of Homeland Security has closed out the summer with an encouraging proposal designed to allow certain founders of start-up companies from abroad to come to the U.S. for an initial stay of up to two years to build their business here. In a move recognizing the entrepreneurial spirit em

Experts Share Their Thoughts to Close Out the 2016 ILG National Conference

Jackson Lewis P.C.·

The final day of the 2016 ILG National Conference wrapped up with a morning of breakout sessions, a keynote address from Beverly Bond, and ended on a high note with the ever-favorite Expert Panel.

Immigration Penalties Increase Effective August 1, 2016

FordHarrison·

The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by the 2015 Bipartisan Budget Act, which revised the formula for adjusting fed

State Department May Revoke Visa for DUI Arrest without Determination of Guilt

Jackson Lewis P.C.·

Individuals who hold nonimmigrant visas in the U.S. are likely to face severe consequences if arrested for Driving Under the Influence (DUI) or a related offense, based on the recently released guidance from the U.S. Department of State (DOS).

Key Updates Provided by Government Agencies at National Law Conference

Jackson Lewis P.C.·

In late June, the American Immigration Lawyers Association (AILA) held its annual immigration law conference in Las Vegas, Nevada. The conference featured a series of open forums where representatives from a number of government agencies met with immigration attorneys to discuss key updates and addr

Supreme Court Agrees to Hear Birthright Citizenship Case

Jackson Lewis P.C.·

The U.S. Supreme Court has agreed to decide whether a man born outside the U.S., out of wedlock, to a U.S. citizen father and a noncitizen mother could benefit from birthright citizenship. A decision in this case can mean protection from deportation for many. Lynch v. Morales-Santana, 804 F.3d 520 (

Supreme Court Tie Blocks Expansion of DACA and Creation of DAPA

Jackson Lewis P.C.·

Disappointing many, the U.S. Supreme Court has tied 4-4 in a case appealing a nationwide injunction on the Obama Administration’s executive action expanding the Deferred Action for Childhood Arrivals (DACA) and creating the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAP

New DHS Final Rule on Additional STEM Optional Practical Training, Effective May 10, 2016

Jackson Lewis P.C.·

The Department of Homeland Security has begun implementing the new, additional 24 months of F-1 Optional Practical Training (“OPT”) work authorization for foreign students with a STEM major. This is a major in science, technology, engineering or mathematics.

17-Month EAD Holders Seeking Full 24 Months under New STEM OPT Rule Must be Quick

Jackson Lewis P.C.·

The Department of Homeland Security’s final rule on optional practical training (OPT) work authorization for foreign nationals in F-1 status with science, technology, engineering, or mathematics (STEM) degrees from U.S. institutions will go into effect on May 10, 2016. The U.S. Citizenship and Immig

Supreme Court’s Decision on Future of DACA and DAPA

Jackson Lewis P.C.·

Supreme Court argument has taken place in United States v. Texas, a high-stakes, hotly contested case on the Administration’s executive programs that deferred possible deportation of millions of undocumented individuals. The Court’s expected June decision is likely to have far-reaching implications

“University of Northern New Jersey” Visa Fraud Sting Operation Shutdown after Arrest of 21

Jackson Lewis P.C.·

Immigration and Customs Enforcement (“ICE”) announced on April 5, 2016, that the “University of Northern New Jersey” (“UNNJ”) had been a sting operation for the past two-and-a-half years. Run by Homeland Security Investigations Newark, UNNJ had a plausible website and an address in Cranford, New Jer

DHS Issues STEM OPT Final Rule

Littler·

The U.S. Department of Homeland Security ("DHS") recently issued its long-awaited F–1 nonimmigrant student visa regulations on optional practical training (“OPT”) for certain students with degrees in science, technology, engineering, or mathematics (“STEM”) from U.S. institutions of higher education

USCIS ‘Same or Similar’ Occupations Memo Finalized

Jackson Lewis P.C.·

U.S. Citizenship and Immigration Services has released the final version of its “same or similar” policy memo, which provides guidance to individuals with pending permanent residency applications who hope to change positions or jobs. The 21-page Policy Memorandum, released on March 18, is a mixed ba

Jackson Lewis Employers’ Immigration Update - No. 21, March 2016

Jackson Lewis P.C.·

Each year, the U.S. Citizenship and Immigration Services issues 65,000 H-1B visas and 20,000 “master’s cap” visas. April 1, 2016, is the first day on which an H-1B petition may be filed for FY 2017, in anticipation of an October 1, 2016, start date. Last year, USCIS accepted 233,000 petitions in the

DHS Seeks to Lighten Employer Load with Pilot Program for Employment-Based Visa Cases

Jackson Lewis P.C.·

Employers can request that USCIS predetermine that they meet the requirements for certain nonimmigrant and immigrant employment-based visa categories under a new pilot program announced by the Department of Homeland Security (DHS) on March 3, 2016.