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Rob’s primary area of practice is immigration and nationality law. He has extensive experience in all aspects of business and family immigration procedures.

On Friday, March 3, 2017, United States Citizenship and Immigration Services (USCIS) announced that it would suspend premium¹ processing for all H-1B petitions filed on or after April 3, 2017. Because April 3 is the first day that cap subject petitions² can be filed for Fiscal Year 2018, this puts a halt on premium processing for all cap subject cases that will be accepted in April, as well as all other H-1B petitions, both change of employer petitions and extensions. According to the notice, the suspension of premium processing may last as long as six months.

Processing times for H-1Bs have grown over the past 2 years, increasing from an average of two months to nearly a year in many instances. USCIS has struggled with an ever-increasing case load, and has tried several strategies to alleviate the long processing delays. Last summer, extension petitions were routed from the California Service Center to the Nebraska Service Center, increasing the offices that process H-1B petitions from two to three. All new cases continue to be processed at either the California or Vermont Service Center, with all cap exempt³ cases filed in California.
Continue Reading USCIS to suspend premium processing for H-1B petitions

President Trump issued three Executive Orders during the first week of his administration to fulfill his campaign promises. During the campaign, President Trump promised to build a wall along the southern border with Mexico and to impose a ban on the admission of Muslims until the new Administration could impose “extreme vetting” of all non-citizens admitted to the United States. A third Executive Order seeks to withdraw federal funding for sanctuary cities. The implementation of these Orders has been uneven, instilling fear and uncertainty among travelers, their employers and families, leading to numerous demonstrations in cities and at airports throughout the country.

While the three orders addressed different aspects of immigration, the most impactful order was the third one signed and immediately implemented on the late afternoon of Jan. 27, 2017. This order, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” suspended immediately the admission of all refugees for 120 days, Syrian refugees indefinitely and it prohibited the admission of all citizens from seven designated countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) with both immigrant and nonimmigrant visas for 60 days. Certain diplomatic visa holders were exempted from the Executive Order. While the Order provided for individual exemptions on a case by case basis, in the national interest, the standards and the procedures to apply for this exemption were not identified in the Order.
Continue Reading President Trump’s immigration Executive Orders

Special thanks to summer associate Sara Schiavone for her work on this blog post.

Human resource professionals who are managing the immigration processing for Indian nonimmigrant employees should be aware of the increased processing times for the visa application at consulates in India. The extraordinary increase in routine processing for nonimmigrant visas requires significantly more planning to avoid long periods of non-productivity while employees are stranded abroad waiting for a visa appointment.

It was not that long ago that one week was seen as a standard timeframe to receive an interview appointment. However, applicants now experience wait times as long as four months. As of July 2016, current wait times for nonimmigrant visa (NIV) interview appointments other than B (visitor), F (student) and J (exchange visitor) at the following consular posts are:
Continue Reading Long wait times for Indian nonimmigrant visas merit human resources planning

In November 2014, President Obama spoke on prime time television to explain his promise to issue executive orders and fix as much of the dysfunctional immigration system as could be done without Congressional action. The press and Republicans in Congress criticized the program to grant “deferred action” to a significant percentage of the undocumented population (and litigation has put that element on hold), but largely overlooked the several initiatives to reform the employment-based immigration system.  While the reforms outlined in November 2014 were little more than duct tape and chewing gum designed to provide modest improvement to a fully dysfunctional system, they nevertheless promised some relief to many of the long suffering applicants for permanent resident status. The State Department has finally offered its version of reform through the “modernization” of the monthly Visa Bulletin. While this duct tape may hold the process together a little while longer, eventually Congress must get serious about immigration reform. Until then, this change is a welcome effort to make the process just a little bit easier for some of the individuals subject to the long delays.
Continue Reading State Department revises Visa Bulletin cutoff dates

Last night President Obama addressed the nation and outlined his long awaited Executive Order to begin the process of immigration reform. His speech emphasized the policy imperative to improve the system, and encourage economic growth consistent with our values respecting and protecting individual rights. The President, anticipating the Republican response, reiterated that it is the

This past weekend President Obama, while in China, announced changes in the reciprocity agreement for visas for Chinese citizens. The reciprocity agreement, which becomes effective on November 12, 2014, governs the period of validity for different kinds of visas which permit Chinese citizens to travel to the United States for different purposes. The agreement provides

This morning, the USCIS announced that the H-1B cap was reached during the initial filing period. More than 65,000 petitions were received for the regular cap, and more than 20,000 petitions were received for the advanced degree exemption. This announcement was expected, and it will take another couple of weeks for the USCIS to enter

The Government shut-down resulting from Congress’ inability to pass an appropriation measure or continuing resolution will have varied impacts on employers and individuals who require visa applications, and immigration processing at the several agencies with responsibility for the administration of the immigration laws. Several agencies have issued statements as to which operations will continue as

It has been two weeks since a bipartisan Senate Committee of eight senators released their statement of principles for Comprehensive Immigration Reform, followed two days later by President Obama during a speech in Las Vegas. The President told the nation that the political stars have aligned and "now is the time" for serious consideration of immigration reform. Together, these statements set the stage for the debate to come.

These two statements provide a hopeful sign that the intractable problems have been reconsidered in light of the new political reality and good old-fashioned compromises have been defined. There are still many difficult decisions ahead. The devil, as they say, is in the details, and it is those details beyond the basic positional statements that will be necessary to define.

When it comes to immigration reform, the critical decisions boil down to numbers. The problem with the last comprehensive reform legislation in 1986 was that the law made no attempt to adjust the limits to changing economic conditions – immigration limits haven’t changed since they were arbitrarily set in 1990.

Immigration policy must be based upon both family reunification and the labor demands and employment opportunities, both core national values. But the law was not built to index or adjust to changing economic conditions. In fact, the Immigration Act of 1990, still in place today, permits the annual admission of 226,000 family-based immigrants, based on various family relationships; and 140,000 immigrants conditioned on the needs of U.S. employers, based on different skill sets.


Continue Reading “Now is the Time” to Move on Immigration, But the Devil is in the Details