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HTMLUSCIS Completes Data Entry for All FY 2015 H-1B Cap Petitions
Nicole Brooks, Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 12, 2014, previously published on May 6, 2014
On May 2, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that data entry for all FY 2015 H-1B cap petitions has been completed. The agency will now begin to reject and return all H-1B cap-subject petitions that were not selected in the random selection (“lottery”)...

 

HTMLUSCIS Clarifies Eligibility Requirements for STEM OPT Extension
Nicole Brooks, Justin Coffey, Ceridwen J. Koski, Whitney Larson, Stephen D. Parker; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 25, 2013, previously published on November 20, 2013
A recent interim policy memorandum, released by the U.S. Citizenship and Immigration Services (USCIS), clarifies the degree completion requirements for the 17-month extension of Optional Practical Training (OPT) available to F-1 students enrolled in Science, Technology, Engineering, and Mathematics...

 

HTMLExpect Significant EB-2 India Retrogression in December
Nicole Brooks, Justin Coffey, Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 25, 2013, previously published on November 20, 2013
The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual can begin the final phase of the “green card” process, either through adjustment of status or consular immigrant visa application. Individuals with a priority...

 

HTMLNew Bill Calls for Biometric Exit-Tracking System
Nicole Brooks, Justin Coffey, Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 22, 2013, previously published on November 20, 2013
A key element of immigration control involves tracking the arrival and departure of foreign visitors to the United States. While the need for arrival controls is apparent, many argue that recording departures is also important as a means of determining whether travelers have left the country in...

 

HTMLICE (Again) Changes Its Position on Pre-Population of Section 1 of Form I-9
Nicole Brooks, Justin Coffey, Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 22, 2013, previously published on November 20, 2013
An important issue for many employers that use electronic I-9 systems is the pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. Form I-9, Employment Eligibility Verification, is the form that must be completed by all employers to verify the employment...

 

HTMLJustice Department Settles Citizenship Status Discrimination Claim
Nicole Brooks, Justin Coffey, Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 22, 2013, previously published on November 20, 2013
The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging that the company in question violated the anti-discrimination provision of the Immigration and...

 

HTMLL-1 Intracompany Transferees May Face New Challenges
Nicole Brooks, Justin Coffey, Whitney Larson, Andrew W. Merrills; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 26, 2013, previously published on September 23, 2013
Since the creation of the L visa category in 1970, the L-1 statutory provisions have been modified several times. In recent years, L-1 cases have been subject to heightened scrutiny both by the U.S. Citizenship and Immigration Services (USCIS) and the U.S. consulates abroad.

 

HTMLDHS Report Signals New Challenges for L-1 Intracompany Transferees
Nicole Brooks, Whitney Larson, Andrew W. Merrills; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 6, 2013, previously published on September 3, 2013
The L visa allows qualifying multinational companies with a parent, subsidiary, branch, or affiliate abroad to transfer managers and executives (L-1A) and employees with “specialized knowledge” (L-1B) to work in the United States. To qualify, the transferee, within the three-year period...

 

HTMLSignificant Advancement of EB-2 India Cut-off Date
Nicole Brooks, Justin Coffey, Whitney Larson, Andrew W. Merrills; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 17, 2013, previously published on July 15, 2013
The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either through adjustment of status or consular immigrant visa...

 

HTMLSenate Passes Comprehensive Immigration Reform
Nicole Brooks, Whitney Larson, Andrew W. Merrills; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 4, 2013, previously published on June 28, 2013
On June 27, 2013, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S. 744) passed the Senate by a vote of 68 to 32. The bill, which was introduced in the Senate on April 17, 2013 by the Senate “Gang of Eight,” would allow a path to citizenship for...