March 20, 2019

March 20, 2019

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March 19, 2019

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March 18, 2019

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December 2015 Employers' Immigration Update re: Proposed STEM OPT, Visa Bulletin and more

Proposed STEM OPT Rule Published

The U.S. Department of Homeland Security has proposed amending its regulations on the optional practical training (“OPT”) program to allow international F-1 students with U.S. degrees in the sciences, technology, engineering, or mathematics (“STEM”) – attained from accredited institutions – to extend by 24 months the standard 12-month OPT period available to them to remain in the U.S. to pursue degree-related work experience. This would supersede the 17-month extension now available to STEM-degree holders. In addition, F-1 students may qualify for the extension based on a previously attained U.S. STEM degree from an accredited institution of higher education.

USCIS to Issue Monthly Determination on Adjustment of Status Applications

USCIS has announced that beginning with the November 2015 Department of State Visa Bulletin, it will issue a determination within approximately one week following the publication of the Visa Bulletin on whether individuals may use the Dates for Filing Visa Applications chart. This monthly announcement can be found at http://www.uscis.gov/visabulletininfo. If USCIS does not post such a determination, individuals should continue to refer exclusively to the Application Final Action Date chart on the USCIS website.

The monthly DOS Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date. In the employment-based Adjustment of Status context, the priority date is generally the date when the labor certification (PERM) was accepted for processing by the Department of Labor, or, if no labor certification was required, then the date of filing of the Form I-140, Immigrant Petition for Alien Worker. When an immigrant visa is available, eligible individuals may submit their Form I-485, Adjustment of Status application.

USCIS Proposes Changes to Form I-9

USCIS has published notice in the Federal Register on proposed changes to Form I-9. It stated, “Many of the proposed changes to Form I-9 are intended to help reduce technical errors and help customers complete the form on their computer after they have downloaded it from uscis.gov.”

Obama Administration Appeals Injunction on DAPA/Expanded DACA to High Court

The Obama Administration has asked the U.S. Supreme Court to overturn a federal appeals court’s injunction blocking its Deferred Action for Parental Accountability (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA) programs. The Court is expected to decide whether to accept the case at its January 15, 2016, conference. The Court denied a request from Texas for a 30-day extension to respond to the appeal, granting only an eight-day extension instead — until December 29. This is considered a victory for the Obama Administration as a ruling likely could come relatively quickly if the Court decides to hear the case. 

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Lucrecia M. Davis, Jackson Lewis, Corporate Immigration Lawyer,
Shareholder

Lucrecia M. Davis is a Shareholder in the Houston, Texas office of Jackson Lewis P.C.

With more than 15 years of corporate immigration experience, Ms. Davis has represented a variety of multinational clients throughout a broad range of industries including energy/oil and gas, financial services, pharmaceutical and software consulting. She partners with clients to provide strategic counsel on all matters involving US immigration and nationality law, as well as policy and compliance. She advises on all major employment-based temporary and...

(713) 650-0404
Jessica Feinstein, Jackson Lewis, Employer Compliance Lawyer, immigrant petitions attorney
Of Counsel

Jessica Feinstein is Of Counsel in the Omaha, Nebraska, office of Jackson Lewis P.C. She specializes in representing U.S. and multinational companies in employment based immigration preparing nonimmigrant and immigrant petitions.

Ms. Feinstein specializes in representing U.S. and multi-national companies in employment based immigration. She has extensive experience preparing nonimmigrant visa petitions, including H1B, TN, L1, E, and H2B, as well as  preparing employment-based permanent resident petitions. She also represents clients in I-9 worksite compliance and worksite investigations. This includes representing companies through an Immigration Customs Enforcement I-9 audit and conducting internal I-9 reviews to ensure compliance. Ms. Feinstein provides training on nonimmigrant, immigrant and worksite compliance issues. She speaks nationally on immigration matters and has presented to the American Immigration Lawyers Association at its annual conference.

(402) 391-1991
Minnie Fu, Jackson Lewis, Immigration Litigation Lawyer, Employment VISA Applications attorney
Principal

Minnie Fu is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. Her practice focuses on assisting employers in obtaining employment-related visas and advising employers on compliance with U.S. immigration laws and regulations.

Ms. Fu has twenty years of experience in employment-based immigration matters, including nonimmigrant and immigrant visa matters, developing corporate immigration policies and procedures for best practices, and strategic corporate planning for international personnel employment by...

703-483-8311
Raazia K. Hall, Jackson Lewis, Employment Immigration Lawyer, Worker Retention Attorney
Principal

Raazia K. Hall is a Principal in the Atlanta, Georgia, office of Jackson Lewis P.C. Her practice focuses on immigration law.

Ms. Hall has numerous years of experience in employment-based immigration matters and employment documentation issues for domestic and international companies. Working with Human Resources Professionals and In-House Counsel, she assists in all aspects of visa matters related to the hiring and retention of foreign employees. She also is a frequent writer and speaker on issues related to immigration law...

404-586-1804
Sean G. Hanagan, Jackson Lewis, business immigration lawyer, employment eligibility verification attorney
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Sean G. Hanagan is a Principal in the White Plains, New York, office of Jackson Lewis P.C.

Working with human resources professionals and in-house counsel, he helps employers develop business solutions and policies for the hire and movement of international staff. Mr. Hanagan advises on I-9 employment eligibility verification, E-Verify and social security issues, and on best practices to avoid hiring-related discrimination. He defends companies subject to government audits and investigations, and guides employers through...

914-872-6879