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FY 2013 H-1B Cap Reached

The U.S. Citizenship and Immigration Services (USCIS) has announced that, as of June 11, 2012, it had received enough H-1B cap-subject petitions to reach the annual 65,000 “regular cap” limit. On June...

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Employers Should Continue to Use Current Form I-9 After August 31, 2012

On August 13, 2012, the U.S. Citizenship and Immigration Services (USCIS) announced that the Employment Eligibility Verification Form I-9, the form that must be completed by all employers to verify the...

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“Deferred Action for Childhood Arrivals” Initiative Effective as of August...

The initiative to defer the deportation of eligible young persons without lawful immigration status was officially implemented on August 15, 2012, when the U.S. Citizenship and Immigration Services...

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USCIS Establishes New Process for Provisional Unlawful Presence Waivers for...

According to a final regulation, which was published on January 3, 2013, and takes effect on March 4, 2013, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications for...

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New Immigrant Fee Implemented by USCIS—Starting February 1, 2013

In addition to fees associated with immigrant visa applications charged by the U.S. Department of State (DOS), a new immigrant fee has been implemented by the U.S. Citizenship and Immigration Services...

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Sequestration Likely to Affect Immigration Services

On March 1, 2013, the Budget Control Act, including sections mandating across-the-board budget cuts to federal agencies (known as “sequestration”), went into effect. The sequester is likely to...

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Automated Form I-94 Arrival/Departure Record to be Introduced in April 2013

On March 27, 2013, U.S. Customs and Border Protection (CBP) published an Interim Final Rule in the Federal Register that will automate the Form I-94, Arrival/Departure Record, to purportedly streamline...

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Be Vigilant! New Reports of USCIS Telephone Scam

The American Immigration Lawyers Association (AILA) and Ogletree Deakins have received reports of a telephone scam that is targeted at foreign nationals and designed to fraudulently elicit money and...

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DOMA Ruling: Practical Implications of the Supreme Court’s Decision

On June 26, 2013, the Supreme Court of the United States issued a decision in United States v. Windsor. The Court ruled that a provision of the federal Defense of Marriage Act (DOMA), which had denied...

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The Government Shutdown: Will It Shut Down Your Company?

Today marks the first partial federal government shutdown in 17 years (the last shutdown, which occurred during the Clinton administration lasted 21 days). The shutdown started last night when the...

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FAQs on Immigration Processing During the Federal Government Shutdown

As of the evening of October 3, 2013, Congress has not yet reached an agreement to fund the federal government. As a result, some federal agencies that rely solely on government funding cannot provide...

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Bromance Gone Bad: The Immigration Bunkers of a Golfer’s Marriage

The P-1A visa category is reserved for those “internationally recognized” individual athletes or teams that seek to enter the United States temporarily for the sole purpose of performing in a...

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From Couch Potatoes To Pro Athletes: USCIS Includes Video Gamers in P Visa...

After intensive lobbying by Riot Games, a Santa Monica-based gaming company, U.S. Citizenship & Immigration Services (USCIS) is now issuing visas that are normally given to foreign professional...

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The Federal Government Reopens: An Update on Immigration Processing

The government officially reopened on October 17, 2013 after a shutdown that started on October 1. The shutdown had substantial immigration consequences for employers (which were explained in detail...

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Cap-Subject H-1B Petitions for FY 2015 Should Be Filed with USCIS on March...

U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions to be counted toward the annual H-1B quota (the “H-1B cap”) for fiscal year (FY) 2015 on Tuesday, April 1,...

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I-94 Errors: How to Address Missing or Incorrect I-94 Cards

Since July of 2014, it has been reported that certain visa petition approval notices (Form I-797s) have been issued by U.S. Citizenship and Immigration Services (USCIS) without I-94 cards attached. In...

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