USCIS Director’s Farewell Address

On January 11, 2017, Mr. Leon Rodriguez, Director of the United States Citizenship and Immigration Service (USCIS), gave his final comments during a stakeholder meeting. Mr. Rodriguez elaborated on the accomplishments of USCIS under his tenure and his hopes for the future. Mr. Rodriguez stated his goal as a public servant was to help people, […]

Proposed Rules Issued for EB-5 Regional Center Program

On January 11, 2017, the U.S. Department of Homeland Security (DHS) issued proposed rules regarding the EB-5 Immigrant Investor Regional Center program. The proposed rules address a number of issues. First, initial applications for regional center designation will undergo a bifurcated process. Entities will submit an initial application for regional center designation. A separate exemplar […]

Clarification on EAD Renewal: 180 Day Rule Effective on January 17, 2017

In December 14, 2016 comments with the American Immigration Lawyers’ Association, USCIS issued clarification on the effective date of the 180 day automatic EAD extension rule. Under newly issued regulations, certain applications to renew employment authorization will result in a 180 day automatic extension of employment authorization. The new regulations are effective January 17, 2017. […]

USCIS Creates Form Transition Period

In an about face, USCIS has created a transition period during which it will accept form versions preceding the December 23, 2016 form updates. USCIS announced it will accept prior versions of forms, except for Form N-400, until February 21, 2017. USCIS emphasized that while it will accept prior form versions, all forms must be […]

USCIS Issues New Forms — Prior Versions Unacceptable

Immigration practitioners were expecting the USCIS December 23, 2016 fee increases and issuance of a new Form N-400. However, practitioners were not expecting issuance of new versions of almost every major form with no notice or transition period. Except for I-129, the form used for many employment based nonimmigrant categories like the H-1B and L-1, […]

Vishal Chander Speaks at First Annual U.S. India Chamber of Commerce Technology Conference

On April 21, 2016, Mr. Vishal Chander, who leads the Immigration Practice at Gardere Wynne Sewell LLP, gave a talk entitled, “Immigration Trends & Prospects in Impacting U.S.-India Business” at the U.S. India Chamber of Commerce First Annual Technology Conference. Mr. Chander’s talk focused on recent U.S. immigration trends and the U.S.-India relationship. Mr. Chander […]

Pro Tips for the Coming H-1B Season

The New Year is upon us and soon it will be 2017. For companies seeking to hire high-skilled international workers, it means the start FY2018 H-1B filing season. The filing period for H-1B cap subject petitions opens on April 1 of each year for work beginning October 1 (the start of the government fiscal year). […]

New Employment Based Final Rule: Summary and New Benefits

On November 18, 2016, USCIS issued new regulations regarding employment based immigrant and nonimmigrant workers. The new rules make many of the policies previously set out in memoranda into official regulations. The new regulations also offer helpful options for workers with long pending adjustments, employment transition, and portability. The new regulations take effect January 17, […]

New Editions of N-400 Mandatory on December 23; Pro Bono Clinics Act as Preparer

In guidance issued on December 13, 2016, USCIS stated that on December 23, 2016, the newest version of Form N-400 will only be accepted. Form N-400 is the government application form used for immigrants to apply for naturalization and become United States citizens. December 23 coincides with the date of USCIS’ new fee schedule for […]

EVUS Database Registration Required by Chinese Visitors

Effective November 29, 2016, all Chinese nationals holding 10-year United States B1/B-2, B-1, and B-2 visas must enroll and comply with the requirements of the EVUS database. Any covered alien who received a visa prior to November 29, 2016 must enroll in EVUS before December 14, 2016. The EVUS requirement comes with the governments of […]