Business Immigration Insights

Recognizing that driver's license requirements vary among the states, Immigration and Customs Enforcement (ICE) issued a fact sheet to help F, M and J visa holders who need to apply for driver's licenses or state identification cards.  

In 2005, the USCIS suspended Premium (15-day) Processing of R-1 nonimmigrant visa petitions due to fraud issues related to the sponsoring religious organizations.  The USCIS conducted on-site inspections of petitioners as part of the R-1 adjudication process.  Effective July 20, 2009, those R-1 religious organization petitioners already the subject of  successful on-site inspections at the locations where the beneficiaries will work may request Premium Processing.  The filing fee for Premium Processing is $1,000.  If the USCIS issues a request for evidence, the 15-day ...

After nearly 2 years, the USCIS has resumed the Premium Processing program for most immigrant visa petitions.  Under this program, employers and foreign nationals eligible to self-petition may request 15-day processing of their immigrant visa petitions (Form I-140) for an additional $1,000 filing fee.  If the USCIS issues a request for evidence, the 15-day processing period begins again upon receipt of the petitioner's response.  Unfortunately, this program does not apply to those qualifying under the EB-1 multinational executive/manager or EB-2 national interest waiver ...

The US Citizenship and Immigration Services (USCIS) has issued a new Form I-9 that employers must use as of April 3, 2009.  Under the Immigration Reform and Control Act of 1986 (IRCA), employers must complete Form I-9 for each new employee within three days of hire, and retain the form in the event of governmental investigations.  Employers can be fined for failing to complete the forms properly and for knowingly employing unauthorized workers.  

On March 26, 2009, President Obama extended Deferred Enforced Departure (DED) for qualifying Liberian nationals.  DED is used by the President as an exercise of his constitutional power to conduct foreign relations, and provides qualifying individuals a temporary stay of removal, as well as employment authorization.  In response to the President's announcement, the USCIS extended employment authorization documents (EADs) for Liberian nationals through March 31, 2010.  Qualifying Liberian nationals can take steps to obtain new EADs to allow them to continue working lawfully in ...

The DOJ's Office of Special Counsel has released "Do's and Don'ts" guidance for companies participating in the eVerify program.  eVerify is a voluntary program for employers to verify the identity and work eligibility of all new hires. 

Qualifying foreign nationals planning to visit the United States under the Visa Waiver Program (VWP) must now register under the Electronic System for Travel Authorization (ESTA) before traveling to the United States without a visa.  ESTA is designed to identify those individuals who may be a security or law enforcement risk.  The application takes only a few minutes to complete and can be completed online. Once approved, the ESTA authorization is valid for two years and can be renewed as often as required.  Individuals who qualify for the VWP but who will be traveling to another country ...

After years of rumors and high hopes, the USCIS has finally announced that Canadian and Mexican citizens applying for TN status may be admitted for up to three years at a time.  Previously, they were limited to one-year renewable increments.  The TN visa category, created as part of the North American Free-Trade Agreement (NAFTA), allows certain Canadian and Mexican professionals to work lawfully in the United States for US employers.  This is very good news for employers, as it will reduce the annual renewal costs and inconveniences for employees holding TN status.