Category Archives: Employment Authorization

Immigration Visa Issues Addressed (Part II)

The U.S. Department of Homeland Security (DHS) published a final rule on November 18, 2016, to assist U.S. employers in hiring and retaining high-skilled foreign workers as well as to protect and increase the ability of these foreign national employees to pursue new employment opportunities. Many felt this regulation was required based upon the many […]

| Employment Authorization, Immigrant

New Regulations for Immigrant Workers

The U.S. Department of Homeland Security (DHS) finally published its new regulation “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Non-Immigrant Workers” which will take effect on January 17, 2017. Unlike several of President Obama’s recent executive orders, which many fear will be cancelled or modified once President-Elect Trump takes […]

| Employment Authorization, Immigrant, Nonimmigrant

Entrepreneurs

Our immigration law has clearly been lacking a “visa” for entrepreneurs, especially when they are not from countries with which we have an “E” treaty and/or when the percentage ownership of a ‘start-up’ does not meet the 50% nationality test. The USCIS has recently issued a proposed rule that would allow foreign national start-up founders […]

| Employment Authorization

Amended STEM/OPT Regulations

On March 11, 2016 the U.S. Department of Homeland Security (“DHS”) published amended regulations on optional practical training for certain individual students with science, technology, engineering and mathematics (“STEM”) degrees from U.S. institutions of higher education which will go into effect on May 10, 2016. Some key provisions include: STEM extensions valid 24 months Employers must […]

| Employment Authorization, Nonimmigrant

No Changes Yet in OPT/STEM Extensions

The U.S. District Court for the District of Columbia ruled on January 23, 2016 to allow the DHS to continue the current OPT/STEM extension program until May 10, 2016 despite a rigorous challenge by the Washington Alliance of Technology Workers. This is a major relief both for U.S. employers and affected F-1 students. Before this […]

| Employment Authorization, Nonimmigrant

Revised Procedures for Filing Adjustment of Status Applications

THE REVISED PROCEDURE USCIS announced on September 9, 2015 a change in the rules as to when an adjustment of status application (AOS) can be filed. Previously, the AOS applications could not be filed until the Department of State’s visa bulletin indicated the applicant’s priority date had been reached. Now, two separate charts will be […]

| Employment Authorization, Immigrant

Frequently Asked Questions by Employers of International Students

Q. Are recent graduates eligible to immediately begin working with my firm? A. Once the graduate receives his Employment Authorization Document (EAD card) from the USCIS, he can commence employment.  The required form I-765 to apply for the EAD card is usually filed by the student prior to graduation and does not require a sponsoring […]

| Employment Authorization, Nonimmigrant

Employment Authorization for H4s

No final decision has been made yet by the government regarding employment authorization for spouses of H-1B visa holders. Since the government’s current proposal would only benefit a relatively small number of H-4 spouses, the American Immigration Lawyers’ Association submitted an excellent comment to the proposed rule-making that recommends the employment authorization be extended to […]

| Employment Authorization, Nonimmigrant

A Report on the Current State of Immigration Reform

Last week one of our partners, Tara Goldsmith, attended the Council for Global Immigration Symposium in Washington, DC. Our annual participation at this event provides us with some key insights into immigration related issues that companies doing business in the US continually face. It also provides the opportunity for us to meet with key personnel […]

| Employment Authorization, Immigrant, Nonimmigrant

Apply for deferred action as a dreamer childhood arrival

We are very pleased to announce that we have received our first batch of approvals for Deferred Action and Employment Authorization for those who have applied for such benefits under the Deferred Action for Childhood Arrivals (DACA).  With these approvals these people will now be able to obtain a social security card and in many […]

| Employment Authorization, Immigrant, Social Security Card