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New Rule for EB-5 Targeted Employment Areas Significantly Impacts the EB-5 Industry 4608 3456 Michele Franchett
  • Michele Franchett

New Rule for EB-5 Targeted Employment Areas Significantly Impacts the EB-5 Industry

A new USCIS regulation went into effect November 21, 2019, and brings with it significant changes impacting the EB-5 industry.  The regulation eliminates the authority of states to designate high unemployment areas for purposes of targeted employment area (“TEA”) eligibility, significantly narrows the definition of a TEA based on high unemployment, and increases the minimum…

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DACA and the Supremes 1920 1440 Taiyyeba Safri Skomra
  • Taiyyeba Safri Skomra

DACA and the Supremes

In November, the U.S. Supreme Court heard arguments for and against continuing the program known as “DACA” — Deferred Action for Childhood Arrivals. DACA was created by Executive Order in June 2012, protecting certain undocumented individuals from deportation.  An estimated 700,000 people have DACA benefits, including the two-year (renewable) work permit the program authorizes.  The…

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USCIS Announces Electronic Pre-registration Process for H-1B Cap-Subject Petitions 1000 559 Yeu Hong
  • Yeu Hong

USCIS Announces Electronic Pre-registration Process for H-1B Cap-Subject Petitions

Starting with a registration period commencing March 1, 2020, employers must pre-register any cap-subject H-1B petitions they intend to file for FY 2021 (starting on October 1, 2020).  USCIS announced earlier this month that all employers filing H-1B cap-subject petitions, including those eligible for the advanced degree exemption, must use the electronic pre-registration process which…

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Practicing At The Intersection Of Criminal And Immigration Law (aka”Crim-Imm”) 1920 1440 Helen A. Sklar
  • Helen A. Sklar

Practicing At The Intersection Of Criminal And Immigration Law (aka”Crim-Imm”)

What is crim-imm and why is it so important in the wider field of immigration law? “Crim-imm” refers to the crossover area of criminal law and immigration law, where criminal and immigration law intersect. It is a field of law scholarship and practice that emerged as the traditional boundaries between criminal and immigration law began…

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Sorting out Financial Requirements for Immigration Applicants 1920 1131 Taiyyeba Safri Skomra
  • Taiyyeba Safri Skomra

Sorting out Financial Requirements for Immigration Applicants

Whereas most research shows that immigrants use public benefits at lower rates than native-born U.S. citizens,[1] a dizzying web of initiatives by the Trump Administration reveal a noisy, and perhaps intimidating, plan to reorder longstanding programs and standards in the realm of public benefits and financial support for immigrants.  The upshot of these Administration efforts…

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Lawyering and Litigating in Era of Delays 1000 559 Amy Lenhert
  • Amy Lenhert

Lawyering and Litigating in Era of Delays

The experienced immigration practitioner will agree that USCIS has never enjoyed a reputation for speedy and efficient case processing. However, in recent years USCIS processing delays have been steadily – often sharply — increasing across the spectrum. From routine applications for employment authorization or for naturalization (which is of increasing concern as we approach an…

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The H-1B Program – Trends and New Developments 3423 2743 Kathleen Grzegorek
  • Kathleen Grzegorek

The H-1B Program – Trends and New Developments

A key component of the “Buy American, Hire American” Executive Order signed by President Trump two years ago was to create more transparency in employment based visa programs, particularly the H-1B nonimmigrant visa category. To this end, USCIS created a public website, known as the  H-1B Employer Data Hub, to provide information to the public…

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