Business Immigration Insights

The US Citizenship and Immigration Services sent three officers to Kandahar, Afghanistan, to naturalize 98 soldiers, sailors and Marines. Four of the new US citizens received Purple Hearts for wounds received during their deployment.

The USCIS announced that it will begin issuing combined advance parole and employment authorization documents (EADs) to adjustment of status applicants who apply for both concurrently with their Form I-485 adjustment of status applications. The new cards, which will resemble the current EADs, will be endorsed “Serves as I-512 Advance Parole”. Recipients of EADs should review them carefully to ensure they are endorsed for travel as well, otherwise they will need to have the "old style" advance parole document in-hand when departing the United States (unless they are ...

Hunton & Williams LLP has received The National Law Journal's 2011 Pro Bono Award, recognizing six law firms that "best reflect the pro bono tradition"  The firm was lauded as one of three law firms that led the profession's response to the devastating earthquake in Haiti.

Representing Catholic Charities Immigration Legal Services, a Hunton & Williams team -- including attorney Suzan Kern and senior professional assistant Carol Schlenker of the immigration practice group -- urged the Department of Homeland Security to extend the deadline for Haitians in the United States to apply ...

USCIS recently announced how the agency will implement the Help HAITI Act of 2010, which authorizes lawful permanent resident status (a "green card") for orphaned children from Haiti who were paroled into the United States after the January 12, 2010, earthquake under the "Haitian Orphan Parole Program."

The USCIS has revised and released its Employer Handbook.  The Handbook contains detailed instructions for completing Form I-9, which is used to verify the identity and employment eligibility of all new hires.  It also contains a detailed FAQ section that answers the more common I-9 questions.  Employers should ensure that all those involved in the I-9 process have a copy of the updated Handbook.

U.S. Citizenship and Immigration Services announced recently that US employers who petition for foreign workers in the H-1B, H-1B1 (Chile/Singapore), L-1, and O-1A categories will not be required to complete Part 6 of Form I-129 until February 20, 2011.  Part 6 contains the employer certification regarding licensing requirements under export controls and ITAR, recently discussed in this blog. USCIS received a number of inquiries from stakeholders requesting that the agency delay implementation of this requirement in order to give petitioners time to establish the necessary ...

U.S. Citizenship and Immigration Services recently issued a new Form I-129, effective December 23, 2010.  Part 6, "Release of Controlled Technology or Technical Data to Foreign Persons in the U.S.," requires an employer to certify it will not "release" controlled technology or data to an H-1B, L-1 or O-1 worker without the appropriate "export license," if one is required.  Under the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), a "deemed export" occurs when controlled technology or technical data is "disclosed" or "transferred" to ...

Beginning January 10, 2011, applicants for nonimmigrant visas at the U.S. embassy and consulates in Mexico must visit an Applicant Service Center (ASC) for biometrics (digital photos and fingerprints) before their visa interviews.  Applicants will no longer pay separate fees to schedule an appointment, apply for a visa, and have a courier service deliver their passports.  Instead, one fee will cover everything:  USD140 for tourist visas, USD150 for petition-based visas (H, L, O and P), and USD390 for E treaty/trader visas.  An applicant with a Mexican passport who is renewing a visa in ...

DHS announced the expansion of the E-Verify system with regard to new hires presenting US passports and passport cards during the I-9 process identification and employment eligibility process.  This new enhancement allows employers to instantly verify the validity and authenticity of US passport and passport cards, and is intended to strengthen the ability to detect fraudulent documents.  According to DHS, 10% of employees subject to E-Verify present US passports for I-9 purposes.

DHS announced that it is extending Temporary Protected Status (TPS) for nationals of Somalia 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 Somalia to reapply for TPS and work authorization that will be valid until September 17, 2012.  The re-registration period for began on November 2, 2010, and ends on January 3, 2011.  The USCIS will issue new employment authorization documents for those who timely re-register.  The DHS ...