Business Immigration Insights

DHS announced today that it is extending Temporary Protected Status (TPS) for El Salvadoran nationals who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve. The new extension allows qualifying individuals from El Salvador to reapply for TPS and work authorization that will be valid until March 9, 2018. The re-registration period began on July 8, 2016, and ends on September 6, 2016. Employment authorization documents held by qualifying individuals already set to expire on September ...

U.S. Citizenship & Immigration Services (“USCIS”) announced today that it has now completed returning all petitions that were not selected in the Fiscal Year 2017 H-1B lottery.  Employers who filed petitions should now have received either a Form I-797 receipt notice indicating the petition was assigned a receipt number, or the original rejected petition including filing fees.  USCIS will take inquiries if employers believe they filed during the required period – April 1 to April 7, 2016 – and have not received either the receipt notice or the rejected petition by July 22 ...

The U.S. Department of Labor’s Board of Alien Labor Certification Appeals (“BALCA”) determines employers’ appeals of prevailing wage determinations and labor certification (“PERM”) denials during sponsorship of foreign nationals for employment-based green cards.  In a recently decided case, BALCA upheld a PERM denial because the employer failed to interview a potentially qualified U.S. worker during the mandatory labor market test for the sponsored position.  BALCA said that employers have a duty to investigate further when the resume raises a "reasonable ...

DHS announced today that it is extending Temporary Protected Status (TPS) for Honduran and Nicaraguan nationals who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve. The new extensions allow qualifying individuals from Honduras and Nicaragua to reapply for TPS and work authorization that will be valid until January 5, 2018. The re-registration period for begins on May 16, 2016, and ends on July 15, 2016. Employment authorization documents held by qualifying individuals ...

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received sufficient H-1B petitions (regular and advanced degree cases) to reach the statutory cap for FY2017 (10/1/2016 through 9/30/2017).

The Department of Homeland Security designates a country for Temporary Protected Status (“TPS”) when conditions – such as ongoing armed conflicts or environmental disasters – make it unsafe for those citizens who are in the United States to return home. Because of the Ebola outbreaks in western Africa, DHS designated Liberia, Guinea and Sierra Leone for TPS in November 2014.

According to the January 2016 edition of “All Aboard,” the National Labor Relations Board’s in-house newsletter, U.S. Citizenship and Immigration Services has recently granted U status for the first time to victims of unfair labor practices in cases in which the NLRB’s General Counsel served as law enforcement certifier.

The Immigrant Investor Program, more commonly referred to as the EB-5 program, gives foreign entrepreneurs the opportunity to permanently reside and work in the United States after investing capital into an American commercial enterprise creating a sufficient number of full-time jobs.

In recent years, the number of EB-5 visa applications filed has surged. A large number of these applications relied on the Immigrant Investor Pilot Program, which is the part of the EB-5 program that provides for regional centers to facilitate larger capital raises. While legislators and ...

DHS announced that it is extending Temporary Protected Status (TPS) for nationals of South Sudan who already hold TPS. TPS allows qualifying individuals to remain and work lawfully in the United States until conditions in their home countries improve. The new extension allows qualifying individuals from South Sudan to reapply for TPS and work authorization that will be valid until November 2, 2017. The re-registration period is now open and ends on March 25, 2016. Employment authorization documents held by qualifying individuals already set to expire on May 2, 2016 (and endorsed ...

After more than 15 years since the statutes were enacted, the U.S. Department of Homeland Security will finally publish its proposed regulations implementing the American Competitiveness in the Twenty‑First Century Act of 2000, known as “AC21,” and the American Competitiveness and Workforce Improvement Act of 1998, known as “ACWIA.”