U.S. Citizenship and Immigration Services FY 2025 H-1B Cap Registration Period Opens March 6

U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2025 H-1B cap will open at 12 p.m. ET on March 6, 2024, and extend to 12 p.m. ET on March 22, 2024.

Immigration: New USCIS Fees For Forms Including I-129, I-539, I-765, I-140, and I-485

A newly revised USCIS Fee Schedule, which is set to take effect on April 1, 2024, establishes new fee amounts for many common forms used for filing, including Form I-129, I-140, I-485, I- 539, and I-765.

Immigration: USCIS Premium Processing Fees Increased As Of February 26

As of February 26, the USCIS Premium Processing fee has increased from $2,500 to $2,805 if requesting E-1, E-2, E-3, H-1B, H-3, L (including blanket L-1), O, P, or TN nonimmigrant classification, as well as Form I-140 Immigrant Petition for Alien Worker. Premium Processing Forms I-907 postmarked on or after February 26, 2024 with the old filing fee will be rejected and returned with the filing fee.

USCIS Announces New Mail Delivery Processing for ADIT Stamp

U.S. Citizenship and Immigration Services (USCIS) announced that lawful permanent residents (LPRs) may now be eligible to receive Form I-94, Arrival/Departure Record, with an Alien Documentation, Identification and Telecommunication (ADIT) stamp (also known as a Form I-551 stamp) as a form of temporary evidence of their status.

Warshaw Burstein Immigration Practice Group Highlights Notable Recent Successes

Warshaw Burstein today highlighted notable case successes and approvals that the firm’s Immigration Group, led by Partner David Jacobson, has recently achieved in light of the upcoming H1-B Visa Lottery Registration that takes place March 1-17, 2023.

U.S. Citizenship and Immigration Services 2024 H-1B Cap Registration period opens March 1

U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2024 H-1B cap will open at 12 p.m. ET on March 1 and extend to 12 p.m. ET on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the USCIS online H-1B registration system.

David Jacobson Presides Over Moot Court In NYU School of Law Immigration Law Competition

David Jacobson, Partner and Chair of the Immigration Group, served as a Judge on February 4, 2023, in a moot court setting in the prestigious New York University School of Law National Immigration Law Competition. This year, NYU School of Law hosted 28 student teams from law schools across the country.

Nonimmigrant and Immigrant Visa Applicants Facing Increased Prevalence of Administrative Processing By State Department

Foreign nationals applying for “nonimmigrant” (temporary residence) and “immigrant” (permanent residence) visas at U.S. Embassies and Consulates abroad are now facing increased rates of “Administrative Processing” by the State Department, causing delays in the processing of their visa applications.

DHS Designates Ukraine for Temporary Protected Status for 18 Months

The Department of Homeland Security (DHS) announced last week the designation of Ukraine for Temporary Protected Status ("TPS") for 18 months due to the conditions there resulting from the Russian military invasion.

U.S. Citizenship and Immigration Services 2023 H-1B Cap Registration period opens March 1

U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2023 H-1B cap will open at 12 p.m. EST on March 1 and extend to 12 p.m. EST on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the USCIS online H-1B registration system.

U.S. Authorizes Consular Officers to Waive Interviews for Certain Nonimmigrant Visa Applicants Through 2022

The U.S. Secretary of State, in consultation with the U.S. Department of Homeland Security (DHS), has authorized consular officers to waive in-person interviews for certain nonimmigrant visa applicants through the end of 2022. Nonimmigrant visa applicants with previous petitions approved by U.S. Citizenship and Immigration Services (USCIS) may be eligible for this interview waiver.

UPDATE: U.S. to Lift Omicron-Related Travel Ban on Southern Africa

The White House has announced that it will remove the travel restrictions on eight southern African countries, originally imposed to curb the spread of the COVID-19 omicron variant.

Positive Policy Changes Instituted for H-4, L-2 and E-1/E-2/E-3 Dependent EAD Workers

On November 12, 2021, the U.S. Citizenship and Immigration Services (USCIS) began allowing automatic extensions of employment authorization where an Employment Authorization Document (EAD) renewal application has been filed and is pending with USCIS for H-4, L-2, and now E-1/E-2/E-3 dependent (“E-Dependent”) spouses.

​U.S. Imposes Travel Ban on South African Nations Following Emergence of Concerning New “Omicron” Variant

United States to Lift International Travel Bans, Require Proof of Vaccination for Entry

After nearly two years of the pandemic and nearly 6 billion vaccine shots worldwide, the United States will soon be lifting its geographic COVID-19 related travel bans. Beginning in November 2021, individuals from China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa and India will no longer be banned from entering the U.S., and instead will be allowed into the country upon meeting certain individualized safety criteria.

USCIS Issues Policy Guidance on Deference to Previous Decisions

On April 27, 2021, U.S. Citizenship and Immigration Services (“USCIS”) issued policy guidance in its Policy Manual instructing officers to give deference to prior determinations of eligibility when adjudicating a request for an extension of petition validity. The deference applies when extension requests involve the same parties and facts unless there was a material error, material change, or new material facts. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.

​Biden's H1-B Approach Will Benefit Foreign Workers and US

One of former President Donald Trump's signature issues involved his strong desire to remake the U.S. immigration system in all facets. The drastic changes and controversial policies implemented, such as the border wall, child separation "no tolerance" removal policy and political asylum restrictions, were accordingly wide in scope and gained significant notoriety for their big impact.

H-1B Visa Lottery for Fiscal Year 2022 Opens March 9, 2021

Initial registration for the H-1B visa lottery for Fiscal Year 2022 will begin at noon Eastern time on March 9, 2021 and will close at noon Eastern time on March 25, 2021.

Warshaw Burstein Welcomes David H. Jacobson as Partner in Immigration and Nationality Practice Group

David H. Jacobson has joined the firm as Partner in the Immigration and Nationality Practice Group, expanding on the firm’s immigration law capabilities.

Fred Cummings Quoted in American Lawyer Article About Anticipated Immigration Law Changes Under Biden

Managing Partner Fred Cummings spoke with American Lawyer about how law firms are preparing for the anticipated process and procedure changes to immigration law under the Biden administration.

The Economic Impact of The Coronavirus & How We Can Help

Juxtaposition in Foreclosure Defense Litigation: Legislative Intent vs. Practical Reality

Foreclosure defense has been evolving as a niche practice area, necessitated by the fallout from the mortgage crisis. Stated simply, the housing bubble of the early 2000’s deflated when it was revealed that the mass securitization of mortgages was severely undercollateralized.

WB Perspectives Podcast: Pankaj Malik on Immigration: Deportation and Removal

In this episode of WB Perspectives, Pankaj Malik discusses issues surrounding immigration, deportation and removal.
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Prosecutorial Discretion in Immigration Trials

Prior to joining Warshaw Burstein as Chair of the Immigration and Nationality Law Practice, Pankaj Malik wrote this article regarding a policy, which at the time, favored out of court resolution of removal and deportation cases. The article reminded immigration attorneys that although not a certainty, by explaining to a prosecutor that a client poses no security threat and otherwise satisfies the guidelines in the Morton Memo, including his or her family situation, military service, education, community ties and age, it would make it easier to persuade a prosecutor to exercise his or her discretion and not prosecute the case.