DOL Proposes Changes to Labor Condition Application Form ETA 9035

On August 3, 2017, the U.S. Department of Labor (“DOL”) formally notified the public that it intends to change Form ETA 9035. Form ETA 9035 is the Labor Condition Application that U.S. employers must file before seeking a temporary work visa for a professional worker under the H-1B program, as well as the H-1B1 program for professionals from Chile and Singapore, and the E-3 program for professionals from Australia.

USCIS Resumes Premium Processing for H-1B Petitions under the “Conrad 30” Program for Physicians

U.S. Citizenship and Immigration Services (“USCIS”) announced that as of June 26, 2017, they are again accepting premium processing requests for certain H-1B petitions—but so far, this option is only available to H-1B petitions filed under the Conrad 30 waiver program for physicians, and petitions with IGA waivers.

CBP Recognizes Minor Limits to Border Search Powers of Digital Devices

The U.S. Customs and Border Protection (CBP) can search information contained in digital devices, but these searches only apply to “information that is physically resident on the device during a CBP inspection”. According to a 06/20/2017 statement by a senior CBP administrator, they do not include “information that is solely located on remote servers”.

Social Media Records Under Scrutiny In Some Immigration Applications

Persons applying for U.S. visitor visas or work visas may have to undergo further screening by government agencies, focused on their social media history. In this article, we report on steps taken by the Department of Homeland Security (DHS) and Department of State (DOS) during 2016 and 2017 to implement screening of social media activity by visa applicants.

USCIS to Resume H-1B Premium Processing for Higher Education Institutions and Other Cap-Exempt Petitions

USCIS announced today that is is again making available 15-calendar day Premium Processing for H-1B visa petitions filed by higher education institutions, non-profit entities affiliated with institutions of higher education and other and other cap-exempt entities.

Trump Administration Considers Cuts to Immigration Quotas, Even as H-2B Program Quota Increases

Senior representatives of the Trump Administration have recently expressed support for new immigration measures that would reduce the number of lawful immigrants to the United States.

Executive Order “Travel Ban” Takes Effect, with Key Exceptions

In late June, following an order by the United States Supreme Court, the Department of Homeland Security and Department of State issued guidance regarding the enforcement of Executive Order 13780. Under this Order, certain nationals of Sudan, Syria, Iran, Libya, Somalia, and Yemen will be subject to stricter controls on entering the U.S.

USCIS Announces New Edition of Form I-526 to be Accepted on or after 08/28/2017

On 06/28/2017, USCIS announced that it has updated Form I-526 to a new edition dated 05/30/2017. This edition will replace the previously issued 04/10/17 edition which was released only recently.

“International Entrepreneur” Category Delayed until March 2018

USCIS Introduces Redesigned Form for Green Card Applicants

WASHINGTON – U.S. Citizenship and Immigration Services today published a revised Application to Register Permanent Residence or Adjust Status (Form I-485). The new Form I-485 and instructions have been substantially updated to reduce complexity after collecting comments from the public and stakeholders.

New Form I-526 – Accepted on or after 06/09/2017

Starting 06/09/17, USCIS will only accept the 04/10/17 edition. Until then, petitioners can use the 12/23/16 edition. The public can find the edition date at the USCIS website, uscis.gov, which sets out the form and instructions.