Special congratulations to Managing attorney, Simone Williams and her team at Williams Global Law for their success within the 2018 Corporate Immigration & Relocation Awards, hosted by Acquisition International (“AI”). Williams Global Law won the 2018 Award for Best International Immigration Law Boutique, USA. For more information click here. Every year, AI selects top law firms and businesses for consideration. AI states in its Press Release that, “the awards are given solely on merit and are awarded to commend those most deserving for their ingenuity and hard work, distinguishing them from their competitors and proving them worthy of recognition.” (See full Press Release here). AI is a mo

As we reported in June 2018, US Citizenship and Immigration Services (USCIS) released a policy memorandum, proposing a change in how to determine “unlawful presence” for individuals on educational or exchange visas (F-1, M-1, J-1) in the US. The new policy goes into effect on August 9, 2018. Unlawful presence occurs when an individual stays in the US after the expiration of the period of stay authorized by the Department of Homeland Security (DHS), or any presence without being admitted or paroled – frequently referred to as an “overstay”. Foreign nationals who remain in the U.S. beyond the expiration date of their stay may be subject to penalties. Previously, due to the special nature of

On July 13, 2018, U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum which gives an adjudicator more discretion to deny an H-1B application without first issuing a Request for Evidence (RFE ) or Notice of Intent to Deny (NOID). The updated policy takes effect on September 11, 2018 and applies to all applications, petitions and requests that are received after the effective date. The previous policy, issued on June 3, 2013, addressed the issuance of RFEs and NOIDs when the evidence submitted did not meet the eligibility requirements. The previous policy stated that ‘unless there was no possibility of approval, an adjudicator should first issue a RFE before issu

On September 30, 2018, the Immigrant Investor (“EB-5”) program is set to expire. It has helped tens of thousands realize their American dream, but it is facing sharp criticism over misuse as politicians and government officials call for radical reforms and have suggested allowing the 28-year-old program to expire altogether. Lee Francis Cissna, Director of USCIS, has asked Congress to allow the program to lapse in the absence of significant reforms, as there have been concerns about fraud, abuse and national security risks. Director Cissna recently appeared at an oversight hearing with the U.S. Senate Committee on the Judiciary to comment on the EB-5 program. There were only a few takeaw

A recent study released by the National Foundation for American Policy (NFAP), indicated that in order to follow President Trump’s Executive Order “Buy American, Hire American”, the number of H-1B denials and Requests for Evidence (RFE) has significantly increased. Some highlights of the report are as follows: 1. In 2017, H-1B denials have increased by 41% from the third quarter to the fourth quarter of fiscal year (FY); 2. The number of RFEs received in the fourth quarter of FY 2017 exceeded all three other quarters combined; 3. Between October and December of 2016, RFEs were received for 18.2% of cases compared to 72% of cases for FY 2017 4. Indian-based companies hiring H-1B workers ap

The U.S. Department of State’s Visa Bulletin for the month of August 2018 includes the following announcement: OVERSUBSCRIPTION OF AUGUST EMPLOYMENT-BASED PREFERENCE CATEGORIESWORLDWIDE, EL SALVADOR, GUATEMALA, HONDURAS, MEXICO, AND PHILIPPINES EMPLOYMENT-BASED FIRST (EB-1) PREFERENCE: As readers were advised in item F of the July Visa Bulletin, there continues to be an extremely high rate of demand for EB-1 numbers, primarily for USCIS adjustment of status applicants. Therefore, pursuant to the Immigration and Nationality Act, it has been necessary to impose an EB-1 Final Action Date for the month of August, with this date being imposed immediately. This action will allow the Department to