In light of this highly fluid situation and the potential for the U.S. Department of State, U.S. Customs and Border Protection, and the President to take additional, unanticipated actions to limit admission of foreign nationals into the United States, we are advising the following:read more
AILA has received the following clarifications from DHS. However, reports from AILA members indicate that policies are not being implemented consistently on the ground. Please note that the situation is fluid, and may change at any time.read more
AILA has learned that as of the evening of January 27, 2017, all U.S. embassies and consular posts were instructed to immediately suspend the issuance of nonimmigrant and immigrant visas for nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. A, G, NATO, C-2 and C-3 visas are exempt from the suspension.read more
These regulations are significant because they may only be changed by following the formal Administrative Procedures Act process. This is significant in light of President-elect Trump’s campaign pledge to reverse many of President Obama’s immigration initiatives.read more
50,000 permanent resident visas will be issued by the U.S. Department of State. The State Department will ONLY accept Entry Forms found at: www.dvlottery.state.gov. You must submit your application between noon Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2016, and noon Eastern Standard Time (EST) (GMT-5), Monday, November 7, 2016. The form may ONLY be submitted electronically. Applicants with more than one entry will be disqualified.read more
DHS Finalizes Rule on Extension of Optional Practical Training (OPT) for Foreign Students Who Possess a U.S. Degree in Science, Technology, Engineering, or Mathematics (STEM)
On March 11, 2016, the Department of Homeland Security (DHS) published new regulations in response to a lawsuit brought by The Washington Alliance of Technical Workers (Washington Alliance). The regulations formally adopt a 24-month extension of Optional Practical Training (OPT) for foreign students who possess a Science, Technology, Engineering or Math (STEM) degree from accredited U.S. institutions of higher education. The final rule increases oversight over STEM OPT extensions by implementing a formal and mandatory training program by employers. This advisory will address some basic highlights of the regulations and how they affect both foreign students and U.S. employers. Several aspects of the new regulations are complex and will evolve over time, but many of them are clear. The new regulations will go into effect on May 10, 2016.read more
In November 2014, President Obama announced a number of executive actions intended to address several employment-based immigrant and nonimmigrant programs. The following is a summary of some of the actions that may impact your foreign national workforce:read more
Employer Practice Advisory: Life after Simeio Solutions, Preparing (or amending) H-1B Petitions to reflect place of employment
In Matter of Simeio Solutions, LLC, the Administrative Appeals Office of the Department of Homeland Security sustained the revocation of an approved H-1B where the employer assigned an H-1B employee to worksites other than the Long Beach, California office location that was listed in the H-1B petition. Simeio Solutions’ employee had worked for the company for two months before going to India to obtain an H-1B visa.read more
Proposed Optional Practical Training (OPT) Rule for those with Science, Technology, Engineering, and Mathematics (STEM) Degrees
On October 19, 2015, a Notice of Proposed Rulemaking was published in the Federal Register entitled Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students with STEM Degrees and Expanding Cap-Gap Relief for All Eligible F-1 Students.read more
On February 24, the USCIS finalized its regulation authorizing certain spouses of H-1B workers to apply for and receive employment authorization. This email explains what that regulation means to spouses of H-1B employees.read more
Myers Thompson has been recognized as Law Firm of the Month® in the June 2016 issue of Attorney at Law Magazine for our reliable advice and consistent case management amid the tangle of regulations and timelines that dictate corporate immigration law.
Congratulations to our very own Sam Myers for earning the Susan D. Quarles AILA Service Excellence Award for 2016!
The award is given periodically in recognition of outstanding volunteer services by a member of the American Immigration Lawyers Association who has shown leadership in advancing the mission, development, and value of the association for its members and for the public it serves.
Congratulations to Howard S. (Sam) Myers, III for being recognized by Best Lawyers® as the 2014 Immigration Law “Lawyer of the Year” in Minneapolis, Minnesota.