Final Rule Increasing OPT for STEM Students Released
OPT, STEM OPT Extension
In early March, the U.S. Department of Homeland Security ("DHS") unveiled a final rule that will allow certain foreign students with science and technology degrees extend their Optional Practical Training ("OPT") period by 24 months. The final regulation will go into effect in May. Under the new rule, certain foreign students in F-1 status with degrees in science, technology, engineering or math will be able to extend their initial 12 month OPT by an extra 24 months, for a total of 36 months.
Supreme Court Sets Oral Argument for Obama Executive Order Immigration Case
Immigration Executive Action
On Friday, March 4, 2016, the U.S. Supreme Court scheduled oral arguments in the case over President Barack Obama's immigration executive actions. According to the newly released Supreme Court calendar, the Justices will hear oral argument in the immigration executive action dispute on April 18, 2016. The case is one of the most closely watched cases at the high court this term and has the potential to affect an estimated 4.4 million immigrants.
Immigration Websites Including I-9 Central and E-Verify Become Mobile Friendly
I-9 Central, E-Verify
On February 29, 2016, the U.S. Citizenship and Immigration Services ("USCIS") announced a series of enhancements to make its website and online products easier to use on mobile devices. Visitors will find that uscis.gov and the Spanish site uscis.gov/es are easier to read and use because the content automatically adjusts to fit the screen of a smartphone, tablet, laptop or desktop computer. USCIS also announced that I-9 Central, E-Verify and myE-Verify have become mobile responsive and will automatically adjust to any device screen size.
Local Business Owner Pleads Guilty to Employing Unauthorized Workers
Form I-9, I-9 Fines, DOL Fines, Local Immigration News, Worksite Enforcement
The U.S. Attorney for the Eastern District of Louisiana, Kenneth A. Polite announced on Thursday, February 18, 2016 that Ke Lian Zhao, 50, of Kenner, pled guilty to employing unauthorized foreign nationals at his restaurant La Jumbo China Buffet ("Jumbo Buffet"). Jumbo Buffet also pled guilty to two counts of making false statements to federal agents.
U.S. Supreme Court to Hear Obama Immigration Action Case
Today, the U.S. Supreme Court agreed to hear the federal government's appeal of the Fifth Circuit Court of Appeal's decision that upheld a block on President Barack Obama's key executive actions on immigration. This sets the stage for one of the biggest immigration fights at the U.S. Supreme Court in years. The Bollman Firm will monitor this case closely and will post updates. Keep checking back for information on this important case.
DHS Updates Rules for H-1B1, E-3 and CW-1 Visas
H-1B1 Visa, E-3 Visa, CW-1 Visa, Visa Extensions
On January 13, 2016, The U.S. Department of Homeland Security ("DHS") announced that it will publish a final rule later this week that will allow foreign nationals with H-1B1, E-3 and CW-1 visas to continue to work for their employer while their timely filed extension of stay is pending ith the United States Citizenship and Immigration Services.
Will Your Driver's License Get You On A Domestic Flight in 2016?
Real I.D. Act
Ten years ago the U.S. government passed the Real I.D. Act, requiring stricter standards for state-issued IDs, including driver's licenses. The idea was to toughen standards on what documents were needed to get a driver's license in an effort to crack down on the potential for terrorists and other criminals to obtain state-issued IDs. The Act makes it harder to obtain a driver's license with counterfeit records. Fewer than half of the states have complied with the law.
USCIS Proposes Rule To Improve Certain Aspects of Employment Based Visas
Employment Based Visas
The United States Citizenship and Immigration Services ("USCIS") is seeking public comments on a rule that would modernize and improve certain aspects of employment-based nonimmigrant and immigrant visa programs. USCIS is also proposing regulatory amendments to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions are waiting to become lawful permanent residents ("LPRs"). The public has until February 29, 2016 to comment. Among other things, USCIS is proposing to amend its regulations in order to:
USCIS Approves 10,000 U Visas For 7th Straight Fiscal Year
On December 29, 2015, the United States Citizenship and Immigration Services ("USCIS") announced that it had approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status ("U visas") for Fiscal Year 2016. This marks the seventh straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2009.
OSC Says Employers Can Request More Documents After Internal I-9 Audit
I-9 Audit, I-9 Documents, I-9 Anti-Discrimination Provisions
The Department of Justice's Office of Special Counsel ("OSC") has issued guidance indicating that employers who perform an I-9 audit may request additional documentation from an employee without violating the anti-discrimination provisions of the Immigration and Nationality Act.