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# Gibney Anthony & Flaherty, LLP

Law firm of Gibney Anthony & Flaherty, LLP

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## Posts

- [USCIS Restores Strict Standard for Summary Denials, RFE Deadlines, and International Mailing Windows](https://www.gibney.com/alerts/uscis-restores-strict-standard-for-summary-denials-rfe-deadlines-and-international-mailing-windows/) - On August 5, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Alert PA-2026-05, announcing an immediate, sweeping shift in how adjudicators handle evidence, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs).
- [U.S. Department of State Codifies Permanent Visa Bond Program for B-1/B-2 Visitors](https://www.gibney.com/alerts/u-s-department-of-state-codifies-permanent-visa-bond-program-for-b-1-b-2-visitors/) - On August 3, 2026, the U.S. Department of State (DOS) published a Final Rule establishing a permanent Visa Bond Program. This rule formalizes and expands upon the 12-month pilot program launched in August 2025 pursuant to Executive Order 14159.
- [UK Visa Application Centres in US and Canada Start Phased Reopening](https://www.gibney.com/alerts/uk-visa-application-centres-in-us-and-canada-start-phased-reopening/) - UK visa applicants in the US can book biometric appointments at either a U.S. Citizenship and Immigration Service (USCIS) Application Support Center (ASC) or a VFS Global Premium Application Centre (PAC). ASCs and PACs, which previously closed in March, began a phased reopening on July 13, 2020.
- [New DOL Guidance and Postings: What Employers Need to Know](https://www.gibney.com/alerts/new-dol-guidance-and-postings-what-employers-need-to-know/) - Following up on the Families First Coronavirus Response Act enacted on March 18, the United States Department of Labor has released additional information explaining employers’ obligations and answering certain questions that have been raised about the new law. On March 24, new guidance was issued to employers on complying with the FFCRA.
- [USCIS Operational Changes in Response to COVID-19](https://www.gibney.com/alerts/uscis-operational-changes-in-response-to-covid-19/) - Due to the impact of COVID-19 on its operations, USCIS has implemented several changes to the processing of petitions and the completion of forms. USCIS has also temporarily suspended all in-person services at its offices, including interviews and biometrics collection.
- [COVID-19 Travel: U.S., Mexico and Canada - Temporary Travel Restrictions for Land Ports of Entry & Ferry Service](https://www.gibney.com/alerts/covid-19-travel-u-s-mexico-and-canada-temporary-travel-restrictions-for-land-ports-of-entry-ferry-service/) - The United States reached mutual agreements with Canada and Mexico to limit non-essential travel at land Ports of Entry and ferry terminals to reduce the spread of COVID-19. The restrictions to not apply to air travel.
- [Fiscal Year (FY) 2021 Diversity Visa Lottery Opens October 2](https://www.gibney.com/alerts/fiscal-year-fy-2021-diversity-visa-lottery-opens-october-2/) - The U.S. Department of State is now accepting applications online from October 2 to November 5, 2019. DV-2021 applicants are encouraged to apply as soon as possible. The Diversity Immigrant Visa Program provides up to 55,000 immigrant visas for issuance in Fiscal Year 2021 to people from countries with low immigration rates to the United States. Foreign nationals are selected for eligibility to apply for U.S. Lawful Permanent Resident (LPR) status under this program on the basis of a lottery.
- [Federal Court Blocks U.S. Visa Ban on Temporary Foreign Workers](https://www.gibney.com/alerts/federal-court-blocks-u-s-visa-ban-on-temporary-foreign-workers/) - On October 1, 2020, a federal district court blocked enforcement of Presidential Proclamation 10052 (PP 10052) issued in June 2020, which suspends the entry of temporary foreign workers in certain visa categories, including many H, L, and J visa applicants. The court found that PP 10052 exceeded the President’s authority and unlawfully invalidated significant portions of the Immigration and Nationality Act. The impact of the ruling is currently limited to the plaintiffs who filed suit and the members of their respective organizations. Plaintiffs include the National Association of Manufacturers, the Chamber of Commerce of the United States, the National Retail Federation, and others.
- [Immigration Summer Travel Checklist for Foreign Nationals and Employers](https://www.gibney.com/alerts/immigration-summer-travel-checklist-for-foreign-nationals-and-employers/) - Summer travel is expected to reach record high this year as pandemic-era restrictions are lifted. International travelers should expect busy consulates and U.S. Ports of Entry. Although U.S. consulates have reduced visa wait times in recent months, foreign nationals may still encounter delays when applying for a visa. We encourage all travelers to plan ahead when traveling abroad and entering the U.S.
- [U.S. to Lift Regional Travel Bans November 8, 2021](https://www.gibney.com/alerts/u-s-to-lift-regional-travel-bans-november-8-2021/) - The Biden Administration announced today that it will lift COVID-related regional travel restrictions for fully vaccinated international travelers effective November 8, 2021. The restrictions currently in place for travelers from China, Iran, the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa and India, will be replaced with a global requirement that all foreign national travelers provide proof of full vaccination against COVID-19 and proof of a negative COVID-19 test taken within 3 days of boarding a flight to the U.S.
- [Executive Order on Immigration to Take Effect on June 29](https://www.gibney.com/alerts/executive-order-immigration-takes-effect-june-29/) - Following the Supreme Court's recent ruling, the Department of State has issued guidelines for the implementation of a 90-day suspension of entry to the U.S. for certain foreign nationals who are citizens or nationals of: Iran, Libya, Somalia, Sudan, Syria, and Yemen, who lack a "bona fide relationship with a person or entity in the U.S." The 90-day suspension of entry will be implemented at 8:00 pm ET on June 29, 2017.
- [Biden Administration Issues COVID-19 Travel Safety Order](https://www.gibney.com/alerts/biden-administration-issues-covid-19-travel-safety-order/) - The Biden administration issued an Executive Order Promoting COVID-19 Safety in Domestic and International Travel requiring that masks be worn in airports or on commercial aircraft, trains, maritime vessels, intercity bus services and other forms of public transportation within the U.S. consistent with CDC guidelines.
- [COVID-19: U.S. Travel Advisories and Suspension of Visa Services](https://www.gibney.com/alerts/covid-19-u-s-travel-advisories-and-suspension-of-visa-services/) - As the world grapples with the COVID-19 pandemic, the U.S. and other countries are cautioning against travel, imposing fast-breaking travel restrictions, and cancelling non-essential visa services at consulates abroad. Recent actions are highlighted below.
- [COVID-19 Measures: U.S. Expands Travel Ban to Include Europe](https://www.gibney.com/alerts/coronavirus-measures-u-s-expands-travel-ban-to-include-europe/) - President Trump signed a Presidential Proclamation further limiting travel to the United States for foreign nationals traveling from several European countries. The Proclamation suspends entry to the United States of most foreign nationals who have been in Schengen Area countries at any point during the 14 days prior to their scheduled arrival in the United States.
- [Trump Administration Adds Six Countries to Travel Ban](https://www.gibney.com/alerts/trump-administration-adds-six-countries-to-travel-ban/) - The President signed a Proclamation imposing visa and admission restrictions on Eritrea, Kyrgyzstan, Nigeria, Sudan, Tanzania and Myanmar (Burma). Restrictions for these countries are limited to immigrant visa (green card) programs and include individuals seeking permanent resident status through family or employment-based sponsorship, or pursuant to the Diversity Lottery program. The restrictions will take effect February 21, 2020.
- [Public Charge Rule Implemented Nationwide](https://www.gibney.com/alerts/public-charge-rule-implemented-nationwide/) - Today USCIS implements its new public charge rule nationwide. The rule was previously enjoined in Illinois, but the U.S. Supreme Court lifted the injunction last week, allowing USCIS to implement the rule in all 50 states. The Department of State (DOS) will also implement the new public charge standards beginning February 24, 2020.
- [Navigating the Recent Visa Reciprocity Changes](https://www.gibney.com/alerts/navigating-the-recent-visa-reciprocity-changes/) - In December 2019 the United States Department of State (DOS) made significant changes to the visa reciprocity fees and validity periods for nonimmigrant visa applicants from certain countries. Nonimmigrant visa applicants from certain countries may be required to pay a visa issuance fee after their application is approved. When a foreign government imposes fees on U.S. citizens for certain types of visas, the U.S. will impose a reciprocal fee for similar types of visas.
- [Immigrant Visa Availability in FY 2023 and the October 2022 Visa Bulletin](https://www.gibney.com/alerts/immigrant-visa-availability-in-fy-2023-and-the-october-2022-visa-bulletin/) - October 1, 2023 marked the start of the federal government’s fiscal year 2023 (FY 2023), with the Department of State (DOS) October Visa Bulletin taking effect the same day. What is sure to be disappointing to many is the significant retrogression in the availability of immigrant visas (“green cards”) for Indian nationals in the employment-based second preference (EB-2) category. Moreover, the availability of immigrant visas for all employment-based applicants will be fewer this fiscal year than last.
- [Planning Ahead For Holiday Travel: Immigration Checklist](https://www.gibney.com/alerts/planning-ahead-for-holiday-travel-immigration-checklist/) - The holiday season is here and travel is reaching pre-pandemic levels. International travelers should expect busy consulates and U.S. Ports of Entry. Although U.S. Consulates have committed additional resources to address backlogs, foreign nationals may still encounter long wait times when applying for a visa. We encourage all travelers to plan ahead to minimize delays when traveling abroad and entering the U.S. Our holiday travel checklist is designed to help foreign national employees and employers schedule appointments and gather required documentation in advance.
- [COVID-19 Measures: U.S. Travel Ban Expanded to U.K. and Ireland](https://www.gibney.com/alerts/covid-19-measures-u-s-travel-ban-expanded-to-u-k-and-ireland/) - The Trump Administration issued a Proclamation extending travel restrictions to travelers from the U.K. and Ireland. The ban will take effect at 11:59 pm ET on Monday March 16, 2020.
- [Cap-Subject H-1Bs Approved for Fiscal Year 2019 Take Effect October 1](https://www.gibney.com/alerts/cap-subject-h-1bs-approved-for-fiscal-year-2019-take-effect-october-1/) - H-1B cap-subject visa petitions filed and approved by U.S. Citizenship and Immigration Services (USCIS) for Fiscal Year 2019 take effect October 1, 2018. Next steps for employers may include Form I-9 Reverification and taxes for F-1 and J-1 Non-Immigrants.
- [Gibney Attorneys Recognized in Super Lawyers 2019](https://www.gibney.com/firm_news/gibney-attorneys-recognized-super-lawyers-2019/) - A number of Gibney attorneys were recognized in the 2019 edition of Super Lawyers. Super Lawyers rates outstanding lawyers who have attained a high degree of peer recognition and professional achievement.
- [U.S. Visa Waiver Program to Include Chile](https://www.gibney.com/alerts/immigration-alert-u-s-visa-waiver-program-to-include-chile/) - On February 28, 2014, the U.S. Department of Homeland Security announced Chile’s designation as the newest member of the Visa Waiver Program.
- [Reminders for H-1Bs with October 1, 2016 Start Date](https://www.gibney.com/alerts/immigration-alert-reminders-for-h-1bs-with-october-1-2016-start-date/) - H-1B Cap-subject petitions filed and approved for Fiscal Year 2017 will take effect on or after October 1, 2016. After October 1, 2016, if the beneficiary departs the U.S., s/he must apply for an H-1B visa at a U.S. Consulate abroad in order to re-enter the U.S. in H-1B status. Most U.S. Consulates require a personal interview to apply for a visa, and most require a number of weeks to schedule an interview. Actual visa processing times vary by Consulate and can be found at the U.S. Department of State website. The beneficiary is advised to check the website of the specific Consulate s/he intends to visit for further information relating to the scheduling of an interview and visa processing information.
- [2015 Diversity Visa Lottery](https://www.gibney.com/alerts/immigration-alert-2015-diversity-visa-lottery/) - What is the Diversity Visa Lottery? The Diversity Immigrant Visa Program, which is administered by the U.S. Department of State, permits up to 50,000 diversity immigrant visas to be granted for fiscal year 2015 to persons from countries with low immigration rates to the United States. Foreign nationals are selected for eligibility to file an
- [FY2026 Diversity Visa Lottery Applications Open Starting October 2](https://www.gibney.com/alerts/fy2026-diversity-visa-lottery-applications-open-starting-october-2/) - The Diversity Immigrant Visa Program, which is administered by the U.S. Department of State, permits up to 55,000 diversity immigrant visas to be granted for fiscal year 2026 to persons from countries with low immigration rates to the United States. Foreign nationals are selected for eligibility to file an application for permanent residence under this program on the basis of a lottery.
- [Gibney Attorneys Selected as Super Lawyers](https://www.gibney.com/firm_news/gibney-attorneys-selected-as-super-lawyers-3/) - Brian Brokate, Lee Kinnally, Stephen Maltby, Survi Parvatiyar, Laura Pasternak, Roderick Potts and Stephen Ruffino have been selected to the 2016 New York Super Lawyers List. Adena Altman, Irem Dogan, Aisling M. Ryan, Kristen Smith and Zarina Syed have been selected to the 2016 New York Rising Stars List.
- [Starting a Business in the U.S.: Key Legal Issues to Consider](https://www.gibney.com/events/starting-a-business-in-the-u-s-key-legal-issues-to-consider/) - Kristen Smith and David Johnson spoke with Innovation Norway and their spring cohort of Norwegian startups. Kristen and David discussed key legal issues for these foreign companies to consider when establishing a presence in the United States. This presentation was part of Innovation Norway's twice yearly Entrepreneurial Marketing program.
- [Approved H-1B Cap Petitions Effective October 1](https://www.gibney.com/alerts/approved-h-1b-cap-petitions-effective-october-1/) - H-1B cap-subject visa petitions filed and approved by U.S. Citizenship and Immigration Services (USCIS) for Fiscal Year 2020 take effect on or after October 1, 2019. Next steps for employers may include Form I-9 Reverification and taxes for F-1 and J-1 Non-Immigrants.
- [David Johnson Presented U.S. Employment Visa Seminar](https://www.gibney.com/events/david-johnson-presents-u-s-employment-visa-seminar/) - Partner David Johnson presented "U.S. Employment Visa Seminar: A Guide for Entrepreneurs" for Innovate46 in cooperation with the Swedish-American Chamber of Commerce, New York. The presentation focused on key issues for entrepreneurs looking to establish or expand their business in the U.S.
- [FY2020 Diversity Visa Lottery Open Until November 6, 2018](https://www.gibney.com/alerts/fy2020-diversity-visa-lottery-open-until-november-6-2018/) - The Diversity Immigrant Visa Program provides up to 50,000 immigrant visas (green cards) for issuance in Fiscal Year 2020 to persons from countries with low immigration rates to the United States. Foreign nationals are selected for eligibility to apply for U.S. Lawful Permanent Resident (LPR) status under this program on the basis of a lottery.
- [Plan Ahead for Holiday Travel: A Checklist for Foreign Nationals and Employers](https://www.gibney.com/alerts/plan-ahead-for-holiday-travel-a-checklist-for-foreign-nationals-and-employers/) - As the holiday season approaches, international travelers should expect busy airports, Consulates and U.S. Ports of Entry. We encourage all travelers to plan ahead to minimize delays when traveling abroad and entering the U.S. This checklist for foreign national employees and employers is designed to provide useful tips and resources.
- [Poland Added to U.S. Visa Waiver Program  ](https://www.gibney.com/alerts/poland-added-to-u-s-visa-waiver-program/) - Effective November 11, 2019, Polish citizens and nationals may apply to travel to the United States for up to 90 days for tourism or business visitor purposes without having to obtain a U.S. visa. Eligible Polish nationals must have an electronically readable passport and must obtain travel authorization from Electronic Screening System for Travel Authorization (ESTA) prior to travel.
- [EB-1 Immigrant Visa Backlogs and Potential Impact](https://www.gibney.com/alerts/eb-1-immigrant-visa-backlogs-and-potential-impact/) - The U.S. Department of State (DOS) recently released the January 2019 Visa Bulletin. The employment-based first preference (EB-1) category, reserved for multinational executives and managers, individuals of extraordinary ability, and outstanding researchers, remains backlogged for all countries.
- [Gibney Joins New York Cares Day for Schools](https://www.gibney.com/pro-bono-outreach/gibney-joins-new-york-cares-fall-day-for-schools/) - New York Cares held its Fall Day for Schools on Saturday, October 20, 2018. Gibney participates in this event on each year. Gibney volunteers helped with a school improvement project in Brooklyn. This year we partnered with New York Cares to visit the Marcus Garvey Elementary School in Brooklyn, New York. New York Cares Day brings together thousands of volunteers in one of 35 high-need public schools across the five boroughs to brighten classrooms, hallways, and futures.
- [Department of State Requiring Social Media Identifiers from U.S. Visa Applicants](https://www.gibney.com/alerts/department-of-state-requiring-social-media-identifiers-from-u-s-visa-applicants/) - Effective May 31, 2019, the U.S. Department of State updated its nonimmigrant and immigrant visa application forms to require most visa applicants to provide their social media identifiers for designated social media platforms used in the past five years. Social media platforms requiring disclosure include Facebook, Twitter, Instagram, YouTube, and LinkedIn, among others.
- [FY2019 Diversity Visa Lottery](https://www.gibney.com/alerts/immigration-alert-fy2019-diversity-visa-lottery/) - The Diversity Immigrant Visa Program, which is administered by the U.S. Department of State, permits up to 50,000 diversity immigrant visas to be granted for fiscal year 2019 to persons from countries with low immigration rates to the United States. Foreign nationals are selected for eligibility to file an application for permanent residence under this program on the basis of a lottery.
- [Supreme Court Permits Travel Ban Enforcement While Legal Challenges Continue](https://www.gibney.com/alerts/supreme-court-upholds-administrations-travel-ban/) - On December 4, 2017, the Supreme Court granted the Administration’s request to stay preliminary injunctions which had temporarily blocked the Administration’s travel ban from taking effect. With this decision, the Supreme Court allowed the travel ban to go into effect while legal challenges against it continue. The Supreme Court urged the lower appeals courts to render decisions quickly on the legality of the ban. In the interim, the Administration may fully enforce the ban.
- [FY2018 Diversity Visa Lottery](https://www.gibney.com/alerts/immigration-alert-fy2018-diversity-visa-lottery/) - The Diversity Immigrant Visa Program, which is administered by the U.S. Department of State, permits up to 50,000 diversity immigrant visas to be granted for fiscal year 2018 to persons from countries with low immigration rates to the United States. Foreign nationals are selected for eligibility to file an application for permanent residence under this program on the basis of a lottery.
- [ePassports Now Required for All Visa Waiver Travel](https://www.gibney.com/alerts/reminder-epassports-now-required-visa-waiver-travel/) - Effective April 1st, 2016, all visitors coming to the United States pursuant to the Visa Waiver Program (VWP) must have an electronic passport, or e-Passport, which is an enhanced secure passport with an embedded electronic chip that holds a passenger’s biographical information.
- [August 2026 Visa Bulletin Released](https://www.gibney.com/alerts/august-2026-visa-bulletin-released/) - The Dept. of State released the August 2026 Visa Bulletin and USCIS has confirmed that they will continue to accept employment-based Adjustment of Status applications under the Final Action Dates chart for August. Limited advancement is noted in several employment-based categories with potential unavailability and retrogression possible for EB-1 India and EB-2
- [Federal Courts Issue Significant Rulings Affecting Recent Immigration Policies](https://www.gibney.com/alerts/federal-courts-issue-significant-rulings-affecting-recent-immigration-policies/) - Two recent federal court decisions out of Rhode Island and Massachusetts have temporarily limited the implementation of several immigration-related policies adopted by the current Administration. While the decisions do not resolve the underlying legal disputes, they represent important developments for employers and foreign nationals with pending immigration matters.
- [Rhode Island Court Denies Stay in Dorcas decision: USCIS Must Continue Processing Applications from 39 Affected Countries](https://www.gibney.com/alerts/rhode-island-court-denies-stay-in-dorcas-decision-uscis-must-continue-processing-applications-from-39-affected-countries/) - On July 15, 2026, the U.S. District Court for the District of Rhode Island denied the federal government’s request to stay the court’s earlier ruling in Dorcas International Institute of Rhode Island v. USCIS, pending its appeal. This means that USCIS must continue to process and adjudicate immigration applications and petitions from the 39 affected countries while the government's appeal moves forward.
- [DHS Finalizes Rule Ending "Duration of Status" for F, J, and I Nonimmigrants](https://www.gibney.com/alerts/dhs-finalizes-rule-ending-duration-of-status-for-f-j-and-i-nonimmigrants/) - DHS has finalized a rule replacing "duration of status" (D/S) admission for F-1 students, J-1 exchange visitors, and I nonimmigrant representatives of foreign media with a fixed period of admission. The new rule will require these nonimmigrants to file for an extension of stay (EOS) with USCIS (or depart and seek readmission) if they need to remain beyond that fixed date. The rule was published on July 17, 2026 and will take effect on September 15, 2026.
- [USCIS Reached the Fiscal Year 2027 H-1B Cap](https://www.gibney.com/alerts/uscis-reached-the-fiscal-year-2027-h-1b-cap/) - United States Citizenship and Immigration Services (USCIS) has reached the Fiscal Year (FY) 2027 H-1B cap. On July 17, 2026, USCIS announced that it received enough petitions to reach the mandated 65,000 H-1B visa regular cap and the 20,000 visas for advanced degree holders.
- [DHS Finalizes Rescission of 2022 Public Charge Rule: Broader Officer Discretion Now in Effect](https://www.gibney.com/alerts/dhs-finalizes-rescission-of-2022-public-charge-rule-broader-officer-discretion-now-in-effect/) - DHS and USCIS have finalized the rulemaking we first reported on in November 2025 without changes. The final rule rescinds the 2022 Public Charge Ground of Inadmissibility regulation in its near entirety and replaces the current five-factor regulatory framework with a broader, more discretionary, case-by-case standard for public charge inadmissibility determinations.
- [U.S. Supreme Court Reaffirms Birthright Citizenship](https://www.gibney.com/alerts/u-s-supreme-court-reaffirms-birthright-citizenship/) - On June 30, 2026, the U.S. Supreme Court issued a landmark 6–3 ruling in Trump v. Barbara, striking down Executive Order 14160. The Court reaffirmed that the Fourteenth Amendment guarantees automatic birthright citizenship to children born in the United States, regardless of their parents' immigration or visa status. This historic decision preserves delivers stability for employers and foreign workers.
- [Understanding the Foreign National Registration Requirement Taking Effect June 29](https://www.gibney.com/alerts/understanding-the-foreign-national-registration-requirement-taking-effect-june-29/) - The Department of Homeland Security (DHS) finalized a rule on June 29, 2026, enforcing registration and fingerprinting mandates for noncitizens remaining in the U.S. for 30 days or longer. Driven by Executive Order 14159, the final rule adopts a previous Interim Final Rule (IFR) and introduces updated registration procedures.
- [New York Legislation Targets 'Ghost Job' Advertisements](https://www.gibney.com/alerts/new-york-legislation-targets-ghost-job-advertisements/) - On June 2, 2026, New York State lawmakers passed Senate Bill S8877 (the “Bill”), a bill requiring certain mandatory disclosures for printed and digital job postings by employers or third-party job posting entities. The purpose of the Bill is to address “ghost jobs,” which are jobs that are advertised without the intent to fill the position or no longer exist.
- [DHS Issues Proposed Rule to Increase Fees for Citizenship Applications](https://www.gibney.com/alerts/dhs-issues-proposed-rule-to-increase-fees-for-citizenship-applications/) - The Department of Homeland Security (DHS) proposed a new rule to significantly increase the processing fees for Form N-400, Application for Naturalization and Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. DHS's last comprehensive adjustment to the United States Citizenship and Immigration Service (USCIS) fee schedule that impacted these types of applications occurred took effect on April 1, 2024.
- [July 2026 Visa Bulletin Released: What Employers Need to Know](https://www.gibney.com/alerts/july-2026-visa-bulletin-released-what-employers-need-to-know/) - The Dept. of State released the July 2026 Visa Bulletin and USCIS has confirmed that they will continue to accept employment-based Adjustment of Status applications under the Final Action Dates chart for July. This alert covers key updates in the July Visa Bulletin for Final Action Dates and what employers need to know.
- [State Department Introduces $750 Premium B1/B2 Visa Interview Expedite: What B Visa Applicants Need to Know](https://www.gibney.com/alerts/state-department-introduces-750-premium-b1-b2-visa-interview-expedite-what-b-visa-applicants-need-to-know/) - The U.S. Department of State (DOS) has published a temporary final rule on June 9, 2026 introducing an optional $750 premium fee to expedite interview scheduling for B-1/B-2 (business and tourism) visa applicants.
- [Gibney Immigration Group and Partner Stephen Maltby Recognized in Chambers USA 2026](https://www.gibney.com/firm_news/gibney-immigration-group-and-partner-stephen-maltby-recognized-in-chambers-usa-2026/) - Gibney's Immigration Group has been ranked by Chambers USA 2026. Additionally, Chambers recognized Partner Stephen Maltby as a leading practitioner in the field.
- [Chambers USA 2018 Recognizes Gibney's Immigration Group](https://www.gibney.com/firm_news/chambers-usa-2015-recognizes-gibneys-immigration-group/) - Gibney is pleased to announce that the 2018 edition of Chambers USA has recognized the Immigration Practice and Practice Chair Stephen J.O. Maltby.
- [Immigration Summer Travel Checklist 2026](https://www.gibney.com/alerts/immigration-summer-travel-checklist-2026/) - Due to the changing immigration landscape in the United States and globally, there is a moderate level of risk with return to the U.S. following international travel at this time. We strongly advise all nonimmigrant visa holders to be prepared to clearly explain their anticipated activities in the U.S. (i.e., work, school, internship, business meetings, etc.) and be sure that they align with the requested nonimmigrant visa category both when applying for a visa and when seeking admission to the U.S. upon return from international trav
- [In Memoriam: Remembering Our Partner Megan E. O'Connor](https://www.gibney.com/firm_news/in-memoriam-remembering-our-partner-megan-e-oconnor/) - It is with profound sadness that we announce the recent passing of our colleague, friend and esteemed partner Megan E. O’Connor. Megan joined Gibney in 2006. For 20 years, Megan was a cornerstone of our firm. As a partner, she was an integral part of the Immigration Practice Group’s growth and success and, more recently, she served as a member of the firm’s Management Committee. She approached her practice with a rare, pragmatic lawyering skill – sharp, grounded, and always focused on the best path forward.
- [EB-2 India Immigrant Visa Quota Reached: What Employers Need to Know](https://www.gibney.com/alerts/eb-2-india-immigrant-visa-quota-reached-what-employers-need-to-know/) - On May 22, 2026, the U.S. Department of State (DOS) announced that the quota for available immigrant visas in the Employment-Based Second Preference (EB-2) for applicants chargeable to India had been reached for fiscal year (FY) 2026. As a result, the EB-2 category was made unavailable through the end of the fiscal year.
- [June 2026 Immigration Visa Bulletin Released](https://www.gibney.com/alerts/june-2026-immigration-visa-bulletin-released/) - The June 2026 Visa Bulletin issued by the Department of State (DOS) on May 4, 2026 and the USCIS Adjustment of Status Filing Chart, updated on May 14, 2026 confirmed that employment-based Adjustment of Status (AOS) applications will be accepted for processing pursuant to the Final Action Dates chart for June. The initial announcements indicated retrogression for both EB-1 India and EB-2 India, while EB-3 Professionals and Skilled Workers will advance for both China and India, as further detailed below.
- [U.S. Citizenship and Immigration Services Reasserts Discretionary Authority in Adjustment of Status Processing](https://www.gibney.com/alerts/uscis-restates-discretionary-standard-for-adjustment-of-status-what-employers-need-to-know/) - On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, emphasizing the discretionary nature of Adjustment of Status (AOS) applications under Section 245 of the Immigration and Nationality Act (INA). While early headlines and the memo’s rhetoric have caused significant concern by framing AOS as an "extraordinary form of relief," the substantive immigration laws and eligibility regulations have not changed.
- [USCIS Issues Interim Final Rule to Increase Scrutiny of Signature Requirements for Immigration Benefit Requests Starting July 10](https://www.gibney.com/alerts/uscis-issues-interim-final-rule-to-increase-scrutiny-immigration-benefit-request-signatures-starting-july-10/) - The Department of Homeland Security (DHS) published an interim final rule which authorizes adjudicating officers to reject or deny benefit requests for invalid signatures. The rule applies to benefit requests submitted on or after July 10, 2026.
- [USCIS Implements Strengthened Screening and Vetting: Significant Processing Delays Expected](https://www.gibney.com/alerts/uscis-implements-strengthened-screening-and-vetting-significant-processing-delays-expected/) - As of April 27, 2026, U.S. Citizenship and Immigration Services (USCIS) has implemented a new security vetting process that is already impacting adjudications across multiple case types. This initiative follows a comprehensive review of existing screening measures and is designed to address identified national security and public safety risks.
- [Gibney Hosts Coded: Dress and Discrimination with NYC Bar Association](https://www.gibney.com/events/gibney-hosts-coded-dress-and-discrimination-with-nyc-bar-association/) - Gibney will host the NYC Bar Association’s Fashion Law Committee meeting on May 14. The discussion is titled "Coded: Dress and Discrimination. " This discussion will be focused on employment matters including dress codes, grooming standards, gender identity/expression and best practices for fashion brands.
- [David Johnson and Kristen Smith Present Starting a Business in the US for Emerging Businesses](https://www.gibney.com/events/david-johnson-and-kristen-smith-present-on-starting-a-business-in-the-us-for-emerging-businesses/) - David Johnson and Kristen Smith will present “Starting a Business in the US: Strategies for Foreign Entrepreneurs & Entities” on June 5. This event will be presented to members of the Belgian-American Chamber of Commerce (BelCham) in partnership with Netwerk Ondernemen’s "BOOST ME" program.
- [Angelo Mazza to Speak at the 2025 Brand Protection Strategy Summit on Customs Enforcement Strategies](https://www.gibney.com/events/angelo-mazza-to-speak-at-the-2025-brand-protection-strategy-summit-on-customs-enforcement-strategies/) - IP Partner Angelo Mazza will host a hightop session on Wednesday, March 26th from 10:15 AM – 10:45 AM. Following this, Angelo will speak on panel: Strategy for Customs & Enforcement on Wednesday March 26 from 10:45 AM – 11:45 AM.
- [New Regulation on Alien Registration Requirement Takes Effect April 11](https://www.gibney.com/alerts/new-regulation-on-alien-registration-requirement-takes-effect-april-11/) - The U.S. Department of Homeland Security (DHS) has published an Interim Final Rule (IFR) requiring non-citizens who remain in the U.S. for 30 days or more and were not previously registered to register and be fingerprinted. The rule will take effect on April 11, 2025.
- [U.S. Rings in New Year with COVID Testing Requirement for Travelers from China](https://www.gibney.com/alerts/u-s-rings-in-new-year-with-covid-testing-requirement-for-travelers-from-china/) - The U.S. Centers for Disease Control (CDC) announced it will reinstate COVID testing requirements for all travelers from the People’s Republic of China (PRC) effective January 5, 2023 at 12:01 AM ET. Impacted travelers must present a negative COVID -19 test result to the airlines to board flights to the U.S.. as of the effective date.
- [David Johnson to Discuss U.S. Immigration for Entrepreneurs at Innovate46](https://www.gibney.com/events/david-johnson-to-discuss-u-s-immigration-for-entrepreneurs-at-innovate46/) - David Johnson will join the Swedish Energy Agency and The Swedish-American Chamber of Commerce, New York (SACCNY) at the Innovate46 conference. He is presenting on immigration issues and how to obtain visas for cleantech companies. Innovate46 in a unique conference hosted by SACCNY, serving as a platform for Swedish startups looking to expand to the United
- [Trump Administration to Implement Enhanced Screening Protocols](https://www.gibney.com/alerts/immigration-alert-trump-administration-to-implement-enhanced-screening-protocols/) - The Trump Administration has confirmed that it will move forward with new enhanced screening protocols, including the completion of additional forms, as part of the application process for certain U.S. visa applicants. According to the State Department, officials will request additional information when they determine that such information is required to confirm identity or conduct more rigorous national security vetting. The State Department confirmed that the tighter vetting would apply to visa applicants “who have been determined to warrant additional scrutiny in connection with terrorism or other national security-related visa ineligibilities.”
- [U.S. Lifts Covid Testing Requirement for International Travelers](https://www.gibney.com/alerts/u-s-lifts-covid-testing-requirement-for-international-travelers/) - International travelers to the U.S. are no longer required to provide proof of a negative COVID-19 test prior to boarding a flight to the U.S. The change took effect at 12:01 AM ET on Sunday, June 12, 2022. The Centers for Disease Control and Prevention (CDC) will reassess the decision to eliminate the testing requirement in 90 days and may reinstate a testing requirement if a new variant of concern emerges. Non-U.S. citizens are still required to be vaccinated against COVID-19 to enter the country, with limited exceptions.
- [Business Immigration Need to Know: Outlook for 2025](https://www.gibney.com/events/business-immigration-need-to-know-outlook-for-2025/) - Please join senior attorneys from Gibney’s Immigration Practice Group for a live virtual panel discussion to review the outlook for business immigration in 2025. The panel will highlight potential changes at the executive, legislative, regulatory and sub-regulatory level in key areas.
- [Inez Macedonio is the Top Immigration Author in JD Supra's 2025 Readers Choice Awards](https://www.gibney.com/firm_news/inez-macedonio-is-the-top-immigration-author-in-jd-supras-2025-readers-choice-awards/) - Gibney is proud to announce that immigration Attorney Inez Macedonio has been recognized at the top immigration attorney in the 2025 JD Supra Readers' Choice Awards. The Readers' Choice Awards recognize top authors and firms who were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2024.
- [Gibney and BritishAmerican Business Hosting: US Immigration Update](https://www.gibney.com/events/us-immigration-update/) - Gibney is sponsoring the program: US Immigration Update with BritishAmerican Business on Thursday February 27, 2025. The new US Administration has unveiled a series of initiatives to advance an America First policy, wielding the prospect of tariffs, trade restrictions and suspensions in visa issuance as a tool for national security and immigration control. Senior immigration attorneys at Gibney will discuss the US immigration landscape 30 days into the new Administration and review the outlook for 2025 and beyond.
- [What Student Visa Holders and Employers Need to Know About Recent Student Visa Rescissions and Increased Scrutiny](https://www.gibney.com/alerts/what-student-visa-holders-and-employers-need-to-know-about-recent-student-visa-rescissions-and-increased-scrutiny/) - The Department of State (DOS) has recently increased scrutiny of existing student visa holders and those requesting new student visas at U.S. consulates abroad. F-1 visa revocations and SEVIS record terminations may have different legal implications for the impacted students’ work authorization (CPT, OPT, STEM OPT). In the event that an employee in F-1 status notifies their employer that their SEVIS record has been terminated or F-1 visa has been revoked, the employer should work with legal counsel to evaluate options.
- [Update: New Regulation on Alien Registration Requirement Takes Effect on April 11 After Federal Judge Denies Request for Preliminary Injunction](https://www.gibney.com/alerts/update-new-regulation-on-alien-registration-requirement-takes-effect-on-april-11-after-federal-judge-denies-request-for-preliminary-injunction/) - The U.S. Department of Homeland Security (DHS) Interim Final Rule (IFR) requiring non-citizens who remain in the U.S. for 30 days or more -- and were not previously registered -- to register and carry proof of their registration with them at all times, takes effect on April 11, 2025. A lawsuit challenging the rule was filed on March 31, 2025 in federal court. On April 10, 2025, a federal judge denied a request for a preliminary injunction and stay of the effective date of the rule, allowing the Administration to move forward with the requirement.
- [Gibney Announces Attorney Promotions](https://www.gibney.com/firm_news/gibney-announces-attorney-promotions/) - Gibney is pleased to announce the promotions of attorneys to senior counsel in our employment and immigration groups. Employment attorney Desiree Jamasbi and immigration attorneys Jennifer Davis and Beaula Illingworth were promoted to senior counsel. Gibney congratulates our attorneys on their hard work, exceptional legal skills, and commitment to client service.
- [H-1B Cap Alternatives: Visa Options for Employers to Consider](https://www.gibney.com/events/h-1b-cap-alternatives-visa-options-for-companies/) - The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional positions. Most H-1B visas are subject to an annual quota or “cap.” Because demand exceeds the number of available visas, U. S. Citizenship and Immigration Services (USCIS) conducts a lottery to select which applicants can have their visa application processed. Once the year’s H-1B cap has been filled, new H-1B cap visas won’t be available until the start of the next fiscal year. Employers will be left wondering – are we really out of options until then? The good news is, employers have several alternatives to H-1B Cap visas.
- [Angelo Mazza to Speak at the 2026 Brand Protection Strategy Summit](https://www.gibney.com/events/ip-partner-angelo-mazza-to-speak-at-the-2026-brand-protection-strategy-summit/) - IP Partner Angelo Mazza will speak at the 2026 Brand Protection Strategy Summit in Dearborn, Michigan. The event is hosted by the Center for Anti-Counterfeiting and Product Protection (A-CAPP) at Michigan State University. Angelo will speak on the panel: Insight Exchange: First Moves — Starting Smart in Brand Protection on March 18, 2026 from 10:15 AM-10:45 AM.
- [ICE Expands Form I-9 Liability: What Employers Need to Know](https://www.gibney.com/alerts/ice-expands-form-i-9-liability-what-employers-need-to-know/) - U.S. Immigration & Customs Enforcement (ICE) recently issued updated Form I-9 inspection guidance that fundamentally shifts the risk landscape for U.S. employers. By reclassifying dozens of "technical" mistakes as substantive violations, ICE has effectively eliminated the ability to fix common I-9 errors after an audit begins.
- [May 2026 Visa Bulletin Released: What Employers Need to Know](https://www.gibney.com/alerts/may-2026-visa-bulletin-released-what-employers-need-to-know/) - The Department of State released the May 2026 Visa Bulletin and USCIS has confirmed that it will not accept employment-based Adjustment of Status applications under the Dates for Filing chart for May. Instead, USCIS will require applicants to rely on the more restrictive Final Action Dates chart.
- [Gibney Immigration Attorneys Author Lexology Chapter on Corporate Immigration: USA](https://www.gibney.com/media-mentions/gibney-immigration-attorneys-author-lexology-chapter-on-corporate-immigration-usa/) - Immigration Group attorneys Jennifer Davis, Stephen J.O. Maltby, Ellen Poreda and Violeta Petrova co-authored the USA chapter for Lexology’s In-Depth: Corporate Immigration (formerly The Corporate Immigration Review). In-Depth: Corporate Immigration includes surveys and analyses of the most noteworthy aspects of business immigration law and practice worldwide, with a focus on the most consequential recent development
- [Gibney Recognized in Fashion Law 2026 as a Top U.S. Law Firm for Retail Companies](https://www.gibney.com/media-mentions/gibney-recognized-in-fashion-law-2026-as-a-top-u-s-law-firm-for-retail-companies/) - Gibney is pleased to share that the firm has been ranked in The Fashion Law’s Fashion Law 2026: The Top U.S. Law Firms for Retail Companies. Gibney was also previously recognized in the inaugural list.
- [Gibney and Partner Amy McCoy Recognized on March JD Supra Popular Reads List](https://www.gibney.com/firm_news/gibney-and-partner-amy-mccoy-recognized-on-march-jd-supra-popular-reads-list/) - Gibney's content was included in the March JD Supra Popular Reads list, which recognizes some of the most widely read updates, analysis, and commentary published on JD Supra last month. The update, titled "Diversity Immigrant Visa Program Update: New Passport Requirement with Entry Form" was written by Partner Amy McCoy. This update covers the final rule published by the U.S. Department of State (DOS), amending Diversity Immigrant Visa Program (DV Program) requirements for enhanced vetting.
- [Filing H-1B Petitions: Important Changes to Forms and Filing Fees Employers Need to Know](https://www.gibney.com/alerts/filing-h-1b-petitions-important-changes-to-forms-and-filing-fees-employers-need-to-know/) - On March 31, 2026, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2027 H-1B cap. Employers are reminded of changes to forms and filing fees, including an increased premium processing fee, changes to Form I-129 and the $100,000 for select beneficiaries,
- [Department of State Expands Social Media Screening to Include New Categories Starting March 30](https://www.gibney.com/alerts/department-of-state-expands-social-media-screening-to-include-new-categories-starting-march-30/) - The US Department of State announced it will expand its social media and online screening to include additional nonimmigrant visa applicant categories, effective March 30. H-1B applicants and dependents, and F, M, and J student and exchange visitor visa applicants are already subject to review. See Gibney’s prior alert on enhanced vetting.
- [Department of Labor Proposes New Prevailing Wage Methodology for Foreign Worker Programs](https://www.gibney.com/alerts/department-of-labor-proposes-new-prevailing-wage-methodology-for-foreign-worker-programs/) - The U.S. Department of Labor has released a proposed rule that revises how prevailing wages are determined for key employment-based immigration programs. The proposed rule would apply to H-1B, H-1B1, and E-3 nonimmigrant workers through Labor Condition Applications (LCAs) and to EB-2 and EB-3 permanent employment-based visas through the PERM labor certification process. The rule is set to be published in the Federal Register on March 27, and contemplates a 60-day period for notice and comment.
- [Plan Now for FY 2027 H-1B Cap Registration](https://www.gibney.com/alerts/plan-now-for-fy-2027-h-1b-cap-registration/) - U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2027 H-1B cap from March 4, 2026 to March 19, 2026.
- [Diversity Immigrant Visa Program Update: New Passport Requirement with Entry Form](https://www.gibney.com/alerts/diversity-immigrant-visa-program-update-new-passport-requirement-with-entry-form/) - The U.S. Department of State (DOS) published a final rule amending Diversity Immigrant Visa Program (DV Program) requirements for enhanced vetting. The DV Program provides up to 55,000 immigrant visas to people from countries with low U.S. immigration rates. Under the program, foreign nationals who are selected through a randomized computer drawing are granted the opportunity to apply for U.S. Lawful Permanent Resident (green card) status.
- [Immigration Partner Violeta Petrova to Speak on Creative H-1B Alternatives](https://www.gibney.com/events/immigration-partner-violeta-petrova-to-speak-on-creative-h-1b-alternatives/) - Immigration Partner Violeta Petrova will serve as a panelist on a virtual roundtable of immigration experts “Creative H-1B Alternatives: Visa Solutions for Recent Graduates to Skilled Professionals,” hosted by AIFS Professional Pathways.
- [Inez Macedonio Recognized in JD Supra's 2026 Reader's Choice Awards](https://www.gibney.com/firm_news/inez-macedonio-recognized-in-jd-supras-2026-readers-choice-awards/) - Gibney is proud to announce that Inez Macedonio has been recognized at the top immigration attorney in the 2026 JD Supra Readers' Choice Awards, recognizing 342 authors from among more than 70,000 who published on the platform throughout 2025.
- [Federal Court Pushes Back on USCIS EB-1A Adjudication Framework](https://www.gibney.com/alerts/federal-court-pushes-back-on-uscis-eb-1a-adjudication-framework/) - On January 28, 2026, a federal court issued a significant decision limiting USCIS’s authority to deny EB-1A Extraordinary Ability immigrant petitions based on its long-standing “final merits determination” framework. Although the decision is binding only on the parties involved, it directly challenges USCIS’s nationwide EB-1A adjudication practices and may serve as persuasive authority in future cases.
- [Gibney to Sponsor: U.S. Immigration Update: A Year Later and What's to Come](https://www.gibney.com/events/gibney-to-sponsor-u-s-immigration-update-a-year-later-and-whats-to-come/) - This panel will unpack what “America First” has meant in practice for employment based U.S. immigration, examine how executive orders and regulatory trends have altered employment-based strategies, and explore options to attract and retain talent in 2026.
- [February 2026 Visa Bulletin Released: What Employers Need to Know](https://www.gibney.com/alerts/february-2026-visa-bulletin-released-what-employers-need-to-know/) - The Department of State released the February 2026 Visa Bulletin and USCIS will continue to accept employment-based Adjustment of Status applications based on the more favorable Dates for Filing chart. For February 2026, all categories will remain unchanged under the Dates for Filing and Final Action Dates charts with a notable exception.
- [US State Department Issues Pause on Immigrant Visa Processing for 75 Countries](https://www.gibney.com/alerts/us-state-department-issues-pause-on-immigrant-visa-processing-for-75-countries/) - Beginning January 21, the State Department will suspend the issuance of immigrant visas (consular applications for permanent residence) for nationals of 75 countries* while it reevaluates how it determines whether applicants are inadmissible on public-charge grounds—that is, likely to rely on U.S. government financial assistance in the future. The policy was first announced on social media and later formalized through guidance on the State Department’s website.
- [USCIS Announces Premium Processing Increases Effective March 1](https://www.gibney.com/alerts/uscis-announces-premium-processing-increases-effective-march-1/) - U.S. Citizenship and Immigration Services (USCIS) announced that it will increase premium processing fees for all filings currently eligible for the premium processing service, effective March 1, 2026. The USCIS Stabilization Act authorizes Department of Homeland Security (DHS) to adjust premium processing fees every two years to reflect inflation. DHS has indicated that revenue generated by the fee increase will be used to maintain and improve premium processing services, enhance adjudication processes, address processing backlogs, and support USCIS adjudication and naturalization services.
- [Angelo Mazza to Speak at Intellectual Property Rights Enforcement 2026](https://www.gibney.com/events/angelo-mazza-to-speak-at-intellectual-property-rights-enforcement-2026/) - Intellectual Property Partner Angelo Mazza will speak at the Practising Law Institute’s Intellectual Property Rights Enforcement 2026 on January 16, 2026. The program provides developments on recent copyright and trademark cases and anticounterfeiting trends.
- [Key Updates for the H-1B Cap Registration Season: Weighted Selection Regulation and Presidential Proclamation Fee Litigation](https://www.gibney.com/alerts/key-updates-for-the-h-1b-cap-registration-season-weighted-selection-regulation-and-presidential-proclamation-fee-litigation/) - As employers prepare for the FY 2027 H-1B cap season and the associated H-1B lottery in March 2026, two distinct developments are expected to shape strategy and outcomes. The Department of Homeland Security (DHS) has published a final weighted selection regulation, which allocates additional lottery entries based on wage levels; and ongoing litigation challenging the presidential $100,000 H-1B fee proclamation, which remains in effect for now.
- [White House Expands Travel Ban Effective January 1, 2026](https://www.gibney.com/alerts/white-house-expands-travel-ban-effective-january-1-2026/) - On December 16, 2025, the White House expanded the existing travel ban to add 7 additional countries to the list of 12 fully banned countries and adding several other countries to the partially restricted list. These developments, along with a recent Policy Memo from the U.S. Citizenship and Immigration Services (USCIS) pausing adjudication of immigration benefits for individuals born in or citizens of the 19 banned countries will have significant implications for employees for US travel and immigration benefits.
- [USCIS Shortens EAD Validity Periods for Certain Categories](https://www.gibney.com/alerts/uscis-shortens-ead-validity-periods-for-certain-categories/) - U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance, published on December 4, 2025 and effective December 5, 2025, that reduces the maximum validity periods for Employment Authorization Documents (“EADs”) for certain categories of non-citizens. The update implements requirements mandated under the One Big Beautiful Bill (“OBBA”) for certain parole- and TPS-related categories, but also goes beyond the statute by reducing EAD validity periods for several additional categories not addressed by the legislation.
- [Visa Update: Reports of H-1B and H-4 Appointment Cancellations ](https://www.gibney.com/alerts/visa-update-reports-of-h-1b-and-h-4-appointment-cancellations/) - Following last week’s announcement that the Dept. of State will expand social media vetting to H-1B and H-4 visa applicants, there have been reports that U.S. consulates are cancelling and rescheduling H-1B and H-4 visa appointments originally scheduled for December 15, 2025 and later. Applicants with appointments at U.S. Consulates in India have reported receiving notifications rescheduling their appointments for dates as far out as March, April, or May of 2026.
- [USCIS Establishes New Vetting Center to Enhance Security Screening](https://www.gibney.com/alerts/uscis-establishes-new-vetting-center-to-enhance-security-screening/) - On December 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced the establishment of a specialized center to centralize and enhance the screening and vetting of foreign nationals within the U.S. immigration system. This new center is a major development in the administration's purported efforts to safeguard national security and public safety.
- [State Department Expands Mandatory Online Presence Review to H-1B/H-4 Visa Applicants Effective December 15](https://www.gibney.com/alerts/state-department-expands-mandatory-online-presence-review-to-h-1b-h-4-visa-applicants-effective-december-15/) - The U.S. Department of State has announced that effective December 15, the agency will expand its online presence review requirement to include all H-1B visa applicants and their H-4 dependents. This mandate previously applied only to F-1 and M-1 students and J-1 exchange visitors.
- [Planning Ahead for Holiday Travel: 2025 Immigration Checklist](https://www.gibney.com/alerts/planning-ahead-for-holiday-travel-2025-immigration-checklist/) - The holiday season is here and it is critical that foreign nationals plan ahead to minimize potential risk and delays with traveling abroad and entering the U.S. Our holiday travel checklist is designed to help foreign national employees and employers schedule appointments and gather required documentation in advance.
- [New Biometric Entry/Exit Requirements for Foreign National Travelers Codified](https://www.gibney.com/alerts/new-biometric-entry-exit-requirements-for-foreign-national-travelers-starting-codified/) - Following a 30-day comment period, on November 27, 2025, Department Homeland Security (DHS) regulations were amended to provide that DHS may require all foreign nationals to be photographed when entering or exiting the United States, and may require non-exempt foreign nationals to provide other biometrics. This final rule significantly expands the government’s authority to use facial comparison technology for identity verification, impacting all foreign nationals traveling to and from the U.S. The rule is effective December 26, 2025.
- [Significant U.S. Immigration Changes Announced Following Attack on National Guard Members](https://www.gibney.com/alerts/significant-us-immigration-changes-announced-following-attack-on-national-guard-members/) - In the wake of the shooting of two members of the National Guard in Washington D.C. on November 28, 2025, the Trump Administration has announced a number of significant changes to the processing of certain immigration cases and restrictions on immigration benefits.
- [December 2025 Visa Bulletin Released: What Employers Need to Know](https://www.gibney.com/alerts/december-2025-visa-bulletin-released-what-employers-need-to-know/) - The Department of State released the December 2025 Visa Bulletin and USCIS will continue to accept employment-based Adjustment of Status applications based on the Dates for Filing chart. For December 2025, all categories will remain unchanged under the Dates for Filing chart with the exception of EB-5 China (Unreserved), which will advance by approximately three weeks. Notably, the Final Action Dates chart will advance approximately 2 weeks to 2 months depending on the specific employment-based category, which may allow for the issuance of green cards or immigrant visas for previously filed applications.
- [DHS AND USCIS Propose Changes to Public Charge Ground of  Inadmissibility](https://www.gibney.com/alerts/dhs-and-uscis-propose-changes-to-public-charge-ground-of-inadmissibility/) - On November 19, 2025, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (“NPRM”) that would rescind the 2022 Public Charge Ground of Inadmissibility Final Rule and replace it with a significantly broader and more discretionary framework. The public comment period closes on December 19, 2025, and the rule may be finalized as soon as 30 days thereafter, making early 2026 the earliest potential effective date.
- [Israel Added to Visa Waiver Program November 30, 2023](https://www.gibney.com/alerts/israel-added-to-visa-waiver-program-november-30-2023/) - On September 27, 2023, the Department of State and Department of Homeland Security (DHS) jointly announced the designation of Israel into the Visa Waiver Program.
- [DOL Reopens FLAG System and Resumes Labor Certification and LCA Processing Amid Ongoing Government Shutdown](https://www.gibney.com/alerts/dol-reopens-flag-system-and-resumes-labor-certification-and-lca-processing-amid-ongoing-government-shutdown/) - The Department of Labor (DOL), Office of the Foreign Labor Certification (OFLC), has resumed processing of applications for both temporary and permanent employment programs despite the continued government shutdown. The Foreign Labor Application Gateway (FLAG) system is now fully operational after activities were suspended due to the shutdown.
- [Immigration Partner David Johnson to Speak at Norwegian Chamber of Commerce on Immigration](https://www.gibney.com/events/immigration-partner-david-johnson-to-speak-at-norwegian-chamber-of-commerce-on-immigration/) - Immigration Partner David Johnson will join the Norwegian American Chamber of Commerce and The Association of Norwegian Students Abroad (ANSA) for Career Day 2025 in New York on November 8. This annual event is inspiring day filled with engaging speakers and valuable networking opportunities. David will provide an overview of immigration considerations in the US.
- [November 2025 Visa Bulletin Released: What Employers Need to Know](https://www.gibney.com/alerts/november-2025-visa-bulletin-released-what-employers-need-to-know/) - The Department of State released the November 2025 Visa Bulletin and USCIS will accept continue to accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart. All categories will continue to hold steady and remain unchanged under both the Final Action Dates and Dates for Filing charts for November 2025. The November Visa Bulletin indicates that details for the 2027 Diversity Visa Program will be forthcoming.
- [DHS Ends Automatic Extension of Certain EAD Cards: What Employers Need to Know](https://www.gibney.com/alerts/dhs-ends-automatic-extension-of-certain-ead-cards-what-employers-need-to-know/) - On October 29, 2025 the Department Homeland Security (DHS) announced an interim final rule to end the practice of automatically extending employment authorization documents (EAD) for certain employment authorization categories during the renewal process. The interim final rule is effective October 30, 2025.
- [New Presidential Proclamation Imposes $100,000 Fee for H-1B Petitions: What Employers Need to Know](https://www.gibney.com/alerts/new-presidential-proclamation-imposes-100000-fee-for-h-1b-petitions-what-employers-need-to-know/) - On September 19, 2025, the President issued the Proclamation Restriction on Entry of Certain Nonimmigrant Workers which imposes a new $100,000 payment requirement for certain H-1B petitions filed on or after September 21, 2025. The fee applies primarily to new H-1B petitions for workers outside the United States who do not currently hold valid H-1B visas, as well as petitions requesting consular processing or port-of-entry notification.
- [Immigration Partner Violeta Petrova to Moderate Panel at WERC Global 25](https://www.gibney.com/events/immigration-partner-violeta-petrova-to-moderate-immigration-panel-at-werc-global-25/) - Immigration Partner Violeta Petrova is speaking at WERC Global 25, the Immigration & Tax Summit on October 28, 2025 in Salt Lake City, Utah. Violeta will moderate the Compliance Breakout 1 Panel: Navigating Ports of Entry from 11:15 am - 12 pm.
- [Immigration Partner Violeta Petrova Quoted on Social Media and Immigration Vetting](https://www.gibney.com/media-mentions/gibney-attorneys-co-author-how-social-media-is-influencing-visa-decisions-around-the-world/) - Gibney Partner Violeta Petrova was quoted in the article "How Social Media Is Influencing Visa Decisions Around the World" on the WERC website. The article addresses the increase in social media and online scrutiny by immigration authorities globally.
- [Government Shutdown: Potential Immigration Impacts and What Employers Need to Know](https://www.gibney.com/alerts/government-shutdown-potential-immigration-impacts-and-what-employers-need-to-know/) - As of October 1, 2025 at 12:00AM EST, the United States Government has shut down. Congressional Democrats have stated that they will withhold support for any spending bill that does not extend existing health insurance subsidies that are set to expire at the end of the year. In the past, government agencies have furloughed employees during a government shutdown, but the White House’s Office of Management and Budget has warned that federal agencies should prepare for mass firings if a shutdown occurs. Mass firings could potentially lead to disruptions in service of many agencies as they struggle with a reduced workforce. The last time the government shutdown was in December 2018 and it lasted for a period of 35 days. It is unclear as of this time how long this shutdown will last.
- [EB-1, EB-2 and EB-3 Immigrant Visa Categories Unavailable After Reaching Annual Limit for FY 2025](https://www.gibney.com/alerts/eb-1-eb-2-and-eb-3-immigrant-visa-categories-unavailable-after-reaching-annual-limit-for-fy-2025/) - The Department of State has confirmed that the annual limit for the EB-1, EB-2 and EB-3 immigrant visa categories has been reached for FY2025. Accordingly, no immigrant visas or green cards will be issued for the remainder of the fiscal year, which ends on September 30, 2025. However, in prior years USCIS has continued to accept EB-1, EB-2 and EB-3 Adjustment of Status applications which are listed as current in the visa bulletin for September. Although Adjustment of Status filings based on the EB-1, EB-2 or EB-3 categories may continue to be accepted by USCIS, these filings cannot be approved until a visa number becomes available.
- [U.S. Department of Homeland Security Proposes Changes to H-1B Cap Registration](https://www.gibney.com/alerts/dhs-proposes-changes-to-h1b-cap-registration/) - On September 24, 2025, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking (“NPRM”) to amend its H-1B regulations. The proposal also includes provisions that would change the H-1B cap registration and selection process. If implemented, the NPRM would revise the H-1B Cap selection process to add extra weight to applicants who are paid higher salaries relative to their respective fields. As a result, those individuals would be more likely to be selected.
- [Presidential Proclamation Restricting Entry of H-1B Visa Holders: What Employers Need to Know](https://www.gibney.com/alerts/presidential-proclamation-restricting-entry-of-h-1b-visa-holders-what-employers-need-to-know/) - A Presidential Proclamation labeled “Restrictions on Entry of Certain Nonimmigrant Workers” has been issued by President Trump on September 19, 2025, imposing restrictions on the H-1B visa program that go into effect Sunday, September 21, 2025 at 12:01 a.m. eastern daylight time (Saturday, September 20, 2025 at 9:01 p.m. pacific standard time).
- [Enhanced Vetting of Visa Applicants and Beneficiaries in the U.S. and Abroad: U.S. Consulates Direct Certain Applicants to Adjust Social Media Profiles](https://www.gibney.com/alerts/enhanced-vetting-of-visa-applicants-and-beneficiaries-in-the-u-s-and-abroad-u-s-consulates-direct-certain-visa-applicants-to-adjust-social-media-profiles-for-vetting/) - U.S. Consulates abroad have begun directing certain visa applicants to adjust privacy settings on all social media profiles to “public” in steps taken to comply with Department of State’s earlier directive that F-1, M and J visa eligibility will be subject to enhanced vetting and review of social media.
- [New Rule Proposes Fixed Period of Admission for F, J, & I Visas: Impact to Foreign Students, Exchange Visitors and Media Professionals](https://www.gibney.com/alerts/new-rule-proposes-fixed-period-of-admission-for-f-j-i-visas-impact-to-foreign-students-exchange-visitors-and-media-professionals/) - The Department of Homeland Security (DHS) announced a proposed rule that will limit the periods of admission for F-1 student, J-1 exchange visitor and I-1 foreign media visa holders and increase DHS oversight.
- [Changes to U.S. Visa Processing and Procedures: Department of State Limits Venues for Visa Processing and Eliminates Visa Interview Waivers for Most Applicants](https://www.gibney.com/uncategorized/changes-to-u-s-visa-processing-and-procedures-department-of-state-limits-venues-for-visa-processing-and-eliminates-visa-interview-waivers-for-most-applicants/) - The Department of State (DOS) has recently announced two major changes to their longstanding policy on visa applications. On September 6, 2025, DOS updated its instructions on visa interview appointments to require nonimmigrant visa (NIV) applicants to schedule interviews at the U.S. Embassy or Consulate in their country of nationality or residence. On September 2, 2025, DOS issued a new policy to limit eligibility for waiver of the interview requirement for most visa classifications and to require in-person interviews for applicants under the age of 14 and over the age of 79.
- [What Employers Need to Know for Passports, Consular Reports Abroad, and USCIS Policy Updates for Transgender, Nonbinary, Gender-Nonconforming and Intersex People](https://www.gibney.com/alerts/what-employers-need-to-know-for-passports-consular-reports-abroad-and-uscis-policy-updates-for-transgender-nonbinary-gender-nonconforming-and-intersex-people/) - Recent federal executive orders may affect employers navigating identity document policies for transgender, nonbinary, gender-nonconforming, and intersex (TGNCNBI) employees and their family members. Executive Orders have altered the availability of gender markers for U.S. passports and Consular Reports of Birth Abroad (CRBA). These changes impact employees’ ability to obtain accurate identity documents, potentially affecting workplace verification processes and international travel. This article outlines what employers need to know about these policy shifts and their implications for employees and business operations.
- [Immigration Partners Houman Afshar and Stephen Maltby Recognized in Best Lawyers](https://www.gibney.com/firm_news/immigration-partners-houman-afshar-and-stephen-maltby-recognized-in-best-lawyers/) - The 32nd edition of The Best Lawyers in America® has been released today. Gibney partners Houman Afshar and Stephen Maltby are recognized in this year’s edition for New York Immigration.
- [September 2025 Visa Bulletin Released: What Employers Need to Know](https://www.gibney.com/alerts/september-2025-visa-bulletin-released-what-employers-need-to-know/) - The Department of State released the September 2025 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. All Employment-Based Categories will remain unchanged under Final Action Dates for September. The Dept. of State has indicated that annual limits will be reached in most employment-based categories in August and September due to a steady increase in demand at both USCIS and the Dept. of State.
- [Bipartisan Bill Introduced to Combat Counterfeit Imports](https://www.gibney.com/alerts/bipartisan-bill-introduced-to-combat-counterfeit-imports/) - Senators Chuck Grassley (R-Iowa) and Maggie Hassan (D-N.H.) introduced bipartisan legislation to detect and combat counterfeit and pirated imports. Companion legislation is also being introduced in the House by Reps. Blake Moore (R-Utah) and Brad Schneider (D-Ill.). The bill would increase the ability for Customs and Border Protection (CPB) to share information with intellectual property rights holders, transportation carriers and e-commerce platforms to coordinate detection and prevention.
- [Attorney Colleen A. Klanchnik Promoted to Partner in the Immigration Group](https://www.gibney.com/firm_news/colleen-klanchnik-partner-immigration/) - Colleen A. Klanchnik has been promoted to a partner in the Immigration Group. Colleen provides counsel on U.S. employment-based immigration matters with a focus on securing U.S. permanent residence and maintenance of U.S. work authorization.
- [Immigration Summer Travel Caution & Checklist](https://www.gibney.com/alerts/immigration-summer-travel-caution-checklist/) - Due to the changing political situation in the United States and throughout the world there is a moderate level of risk with return to the U.S. following international travel at this time. We strongly advise all nonimmigrant visa holders to be prepared to clearly explain their anticipated activities in the U.S. (i.e., work, school, internship, etc.) and be sure that they align with the requested nonimmigrant visa category both when applying for a visa and when seeking admission to the U.S. upon return from international travel.
- [USCIS to Increase Scrutiny for TN Visa Requirements: Impact on Employers](https://www.gibney.com/alerts/uscis-to-increase-scrutiny-for-tn-visa-requirements-impact-on-employers/) - U.S. Citizenship and Immigration Services (USCIS) recently updated its policy manual regarding TN visa eligibility requirements. The new guidance imposes stricter guidelines for eligibility. Changes focus on the nature of the employer, the definition of qualifying professions and the role of self-employment.
- [USCIS Reached the Fiscal Year 2026 H-1B Cap](https://www.gibney.com/alerts/uscis-reached-the-fiscal-year-2026-h-1b-cap/) - United States Citizenship and Immigration Services (USCIS) has reached the Fiscal Year (FY) 2026 H-1B cap. On July 18, 2025, USCIS announced that it received enough petitions to reach the mandated 65,000 H-1B visa regular cap and the 20,000 visas for advanced degree holders. Unlike prior years, there was only one round of selected registrations, announced in March 2025, with no additional rounds.
- [August 2025 Visa Bulletin Released: What Employers Need to Know](https://www.gibney.com/alerts/august-2025-visa-bulletin-released/) - The Department of State released the August 2025 Visa Bulletin and USCIS has confirmed they will accept the Final Action Dates chart for employment-based Adjustment of Status applications. The Final Action Dates chart notes retrogression for EB-2 Worldwide, Mexico and the Philippines with modest advancement for EB-3 India, as further detailed below. All other employment-based categories will continue to remain the same for August pursuant to the Final Action Dates chart.
- [IP Partner Brian Brokate Attends International Group of Accountants and Lawyers Midterm Meeting](https://www.gibney.com/firm_news/ip-partner-brian-brokate-attends-international-group-of-accountants-and-lawyers-midterm-meeting/) - IP Partner Brian Brokate attended the International Group of Accountants and Lawyers (IGAL) Midterm Meeting in Edinburgh from May 7-11. The event, organized by Chairman Mason Bloom and hosted at The Caledonian Hotel, brought together legal and accounting professionals from across the globe for a week of learning and networking. Business meeting sessions offered invaluable insights on global investments, immigration law and other emerging legal and business issues.
- [Supreme Court Limits Nationwide Injunctions, Impacting Birthright Citizenship Executive Order](https://www.gibney.com/alerts/supreme-court-limits-nationwide-injunctions-impacting-birthright-citizenship-executive-order/) - On June 27, 2025, the Supreme Court issued a ruling to limit the ability of federal district judges to issue broad nationwide injunctions. This decision was issued in connection with several legal challenges to prevent the implementation and enforcement of President Trump's Executive Order (“EO”) concerning Birthright Citizenship. While the decision did not address the constitutionality of the EO, it does mark a significant shift in judicial power regarding federal policies and the scope of injunctions, which have been used in the past to halt the implementation of immigration-related EOs.
- [DOS Resumes Processing Visas for F-1/M-1/J-1 Applicants with Enhanced Social Media Vetting](https://www.gibney.com/alerts/dos-resumes-processing-visas-for-f-1-m-1-j-1-applicants-with-enhanced-social-media-vetting/) - On June 18, 2025, the Department of State (DOS) instructed consulates worldwide to implement a mandatory expansion of social media vetting for all F, M, and J visa applicants (students and exchange visitors).
- [Trump Administration May Expand Travel Restrictions](https://www.gibney.com/alerts/trump-administration-may-expand-travel-restrictions/) - The Trump Administration may continue to further expand travel restrictions to citizens of 36 additional countries from entering the US. Earlier this month, the Administration issued a proclamation banning the entry of citizens from 12 countries.
- [New EAD Revocation Guidance Issued for E-Verify Employers](https://www.gibney.com/alerts/new-ead-revocation-guidance-issued-for-e-verify-employers/) - Employers enrolled in E-Verify will now be required to generate Status Change Reports identifying employees whose work permits have been terminated due to changes in temporary status protections or other similar programs. In a June 23, 2025 guidance issued on the E-Verify website, case alerts will no longer be used for employment authorization document (EAD) revocations related to the termination of parole or other humanitarian protected status programs.
- [New Presidential Proclamation Restricts Entry of Certain Foreign Nationals (Effective Monday, June 9, 2025)](https://www.gibney.com/alerts/new-presidential-proclamation-restricts-entry-of-certain-foreign-nationals-effective-monday-june-9-2025/) - On June 4, 2025, President Trump issued a new proclamation significantly restricting the entry of foreign nationals from 12 countries and partially limiting entry from an additional 7 countries, citing national security and public safety concerns. This action is based on an assessment of countries' screening and vetting capabilities, information sharing, and risk factors including terrorist presence and visa overstay rates.
- [Department of State Temporarily Suspends Visa Interviews for Foreign Students & Exchange Visitors](https://www.gibney.com/alerts/department-of-state-temporarily-suspends-visa-interviews-for-foreign-students-exchange-visitors/) - On May 27, 2025, the Department of State issued a cable instructing U.S. Embassies and Consulates to pause scheduling new visa appointments for foreign nationals seeking to obtain student and exchange visitor visas (F, M, and J visa classifications). The pause on visa appointments for F, M, and J visas is expected to be temporary, while the Department undertakes review of existing processes and issues updated guidance on expanded social media vetting for applicants in these visa categories. As of now, a timeline for when visa appointment scheduling will resume for these visa classifications has not been announced.
- [Immigration By the Numbers: Key Stats on FY2026 H-1B Cap Lottery and Next Steps](https://www.gibney.com/alerts/immigration-by-the-numbers-key-stats-on-fy2026-h-1b-cap-lottery-and-next-steps/) - With the first round of the H-1B cap lottery completed in late March, the United States Citizenship and Immigration Service (USCIS) has now released statistics for this year’s H-1B cap registrations and selections. USCIS reported that it received eligible registrations for 336,153 unique beneficiaries in the Fiscal Year (FY) 2026 H-1B cap and selected 118,660 unique beneficiaries. This represents a selection rate of approximately 35.3%.
- [IP Partner Angelo Mazza to Discuss Fundamentals of a (Offline) Brand Protection Program at INTA Annual Meeting](https://www.gibney.com/events/ip-partner-angelo-mazza-to-discuss-fundamentals-of-a-offline-brand-protection-program-at-inta-annual-meeting/) - IP Partner Angelo Mazza will host a Breakfast Table Topic at the INTA Annual Conference in San Diego. Angelo's session will cover the topic Fundamentals of a (Offline) Brand Protection Program.
- [June 2025 Visa Bulletin Released: Continued Slow Progression in Many Categories May Impact Employers](https://www.gibney.com/alerts/june-2025-visa-bulletin-released-slow-progression-continues-in-many-catego/) - The Department of State released the June 2025 Visa Bulletin and USCIS has confirmed they will accept the Final Action Dates chart for employment-based Adjustment of Status applications. The Final Action Dates chart notes modest advancement for EB-2 and EB-3 Worldwide and China as further detailed below. All other employment-based categories will continue to remain the same for June pursuant to the Final Action Dates chart.
- [Gibney Immigration Attorneys Co-Authors Year in Review of US Corporate Immigration](https://www.gibney.com/media-mentions/gibney-immigration-attorneys-co-author-year-in-review-corporate-immigration-in-usa/) - Immigration Group attorneys Ellen Poreda, Stephen Maltby, Violeta Petrova and Jennifer Davis co-authored the article: Year in Review: Corporate Immigration in USA.
- [Brian Brokate to Host the Session Upcycling: Friend or Foe at the INTA Annual Meeting](https://www.gibney.com/events/brian-brokate-to-host-the-session-upcycling-friend-or-foe-at-the-inta-annual-meeting/) - IP Partner Brian Brokate will host a Breakfast Table Topic at the INTA Annual Conference in San Diego on May 18. Brian’s session will cover the emerging topic Upcycling: Friend or Foe. The discussion will explore the recent cases brought by brand owners against entities that customize and re-sell "upcycled" products which retain the original trademarks.
- [Jack Daniel's Harmed, but Not Infringed, by Chewy Dog Toy: Key Trademark Takeaways from the Latest VIP Products and Jack Daniel's Ruling](https://www.gibney.com/alerts/key-trademark-takeaways-in-the-latest-vip-products-bad-spaniels-and-jack-daniels-case/) - The latest ruling in 'Bad Spaniels' finds the whiskey brand's marks were diluted-but not infringed by a dog toy parody, explain Brian Brokate and Jacqueline Alcantara of Gibney, Anthony & Flaherty. After more than a decade of litigation including a Supreme Court ruling, the legal battle between VIP Products and Jack Daniel's returned to the U.S. District Court for the District of Arizona on remand. On January 21, 2025, Judge Stephen McNamee ruled that VIP's 'Bad Spaniels' dog toy did not infringe Jack Daniel's trademark but did in fact dilute its trademark and trade dress.
- [Inez Macedonio Makes JD Supra's February 2025 Popular Reads List](https://www.gibney.com/firm_news/inez-macedonio-makes-jd-supras-february-2025-popular-reads-list/) - Immigration attorney Inez Macedonio was recognized on the JD Supra Popular Reads List. JD Supra recognized the most widely read updates published on during February 2025. Inez's article March 2025 Visa Bulletin Released: What Employers Need to Know was included.
- [Partner Kristen Smith Appointed General Counsel of Rolex Watch U.S.A., Inc.](https://www.gibney.com/firm_news/partner-kristen-smith-appointed-general-counsel-of-rolex-watch-u-s-a-inc/) - Gibney is very proud to share that Partner Kristen Smith has been appointed the first-ever General Counsel of Rolex Watch U.S.A., Inc.
- [IP Partner Angelo Mazza to Speak at the 2025 U.S. Chamber of Commerce Global IP Summit on Brand Integrity and Trademark Enforcement](https://www.gibney.com/events/ip-partner-angelo-mazza-to-speak-at-the-2025-u-s-chamber-of-commerce-global-ip-summit-on-brand-integrity-and-trademark-enforcement/) - IP Partner Angelo Mazza is speaking at the 2025 U.S. Chamber of Commerce Global IP Summit in Washington, DC. Angelo will speak on the panel Brand Integrity and Trademark Enforcement: Best Practices from Leading Brands from.
- [Brian Brokate and Jacqueline Alcantara Co-Author World IP Review Article: Jack Daniel’s harmed, but not infringed, by chewy dog toy](https://www.gibney.com/firm_news/brian-brokate-and-jacqueline-alcantara-co-author-world-ip-review-article-jack-daniels-harmed-but-not-infringed-by-chewy-dog-toy/) - IP Partner Brian Brokate and Law Clerk Jacqueline Alcantara co-authored the article “Jack Daniel’s harmed, but not infringed, by chewy dog toy” for the World IP Review.
- [Gibney Ranked in Fashion Law 2025: The Top U.S. Law Firms for Retail Companies](https://www.gibney.com/firm_news/gibney-ranked-in-fashion-law-2025-the-top-u-s-law-firms-for-retail-companies/) - Gibney has been ranked in The Fashion Law's Fashion Law 2025: The Top U.S. Law Firms for Retail Companies. Gibney is recognized for its extensive experience in protecting fashion brands’ creative assets. According to TFL, Gibney assists clients in navigating complex IP disputes, international trademark registrations, and emerging challenges in e-commerce and digital branding. The firm’s extensive work in intellectual property and active participation in related conferences highlight its prominence in the fashion law sector.​
- [Brian Brokate Quoted in the World Intellectual Property Review Article: Will Walmart's Birkin Gambit be Worth it in the End?](https://www.gibney.com/media-mentions/brian-brokate-quoted-in-the-world-intellectual-property-review-article-will-walmarts-birkin-gambit-be-worth-it-in-the-end/) - IP Partner Brian Brokate was quoted in the article "Will Walmart’s Birkin Gambit Be Worth It in the End?" for the World Intellectual Property Review which explores French luxury brand Hermès® and Walmart’s lookalike “Wirkin’ bag. Brian shares his thoughts on trade dress infringement considerations.
- [Gibney ACT Program Kicks Off Marketing Series](https://www.gibney.com/firm_news/gibney-act-program-kicks-off-marketing-series/) - The Gibney ACT (Associate/Counsel Training) Committee kicked off its marketing presentation series on July 17 with Marketing 101. The goal of the ACT Program is to provide support to associates and counsel in integration, mentoring, professional development and leadership. Topics including an overview of marketing and business development, setting marketing goals, marketing and business development resources and tactics and tips for getting started.
- [Brian Brokate Recognized as a Leading IP Attorney in the World Trademark Review 1000](https://www.gibney.com/firm_news/brian-brokate-recognized-as-a-leading-ip-attorney-in-the-world-trademark-review-1000/) - Gibney IP Partner Brian Brokate was recognized in the 2025 World Trademark Review 1000 for enforcement and litigation work. WTR 1000 - the World's Leading Trademark Professionals - a unique guide that identifies the top trademark professionals in key jurisdictions around the globe. The WTR 1000 focuses exclusively on trademark practice and has firmly established itself as the definitive ‘go-to’ resource for those seeking world-class legal trademark expertise.
- [U.S. Department of State Updates Guidance for Visa Interview Waivers at U.S. Consulates: Impact on Nonimmigrant Visa Holders](https://www.gibney.com/alerts/u-s-department-of-state-updates-guidance-for-visa-interview-waivers-at-u-s-consulates-impact-on-nonimmigrant-visa-holders/) - The U.S. Department of State has announced updated guidance restricting eligibility for nonimmigrant visa interview waivers at U.S. Consulates. Under the revised guidance, nonimmigrant visa applicants may be eligible for an interview waiver if they previously held a visa in the same category and their prior visa expired within the last 12 months or is still valid, among other eligibility requirements.
- [Interview Waivers for Certain Visa Applicants Extended Through December 31, 2023](https://www.gibney.com/alerts/interview-waivers-for-certain-visa-applicants-extended-through-december-31-2023/) - The Department of State has extending the authority of consular officers to waive in-person interviews for certain nonimmigrant visa categories through December 31, 2023. In its announcement the State Department highlighted its commitment to further reducing visa wait times in order to facilitate travel o the U.S.
- [March 2025 Visa Bulletin Released: What Employers Need to Know](https://www.gibney.com/alerts/march-2025-visa-bulletin-released-what-employers-need-to-know/) - The Department of State released the March 2025 Visa Bulletin and USCIS has confirmed they will continue to utilize the Final Action Dates chart for employment-based Adjustment of Status applications. The Final Action Dates chart notes moderate advancement across several employment-based categories.
- [USCIS Increases Premium Processing Fees](https://www.gibney.com/alerts/uscis-increases-premium-processing-fees/) - U.S. Citizenship and Immigration Services (USCIS) will increase premium processing fees for a number of immigration benefit applications due to inflation. The fee increases, outlined below, will take effect on February 26, 2024. USCIS will reject and return Form I-907, Request for Premium Processing, postmarked on or after February 26, 2024 if submitted with the incorrect filing fee.
- [Gibney Partners to Speak at Skyline Program on U.S. Legal Issues for Energy Industry Emerging Businesses](https://www.gibney.com/events/skyline-program-proptech-emerging-business/) - Gibney Partners David Johnson (Immigration), Kristen Smith (Corporate), Maja Szumarska (IP) and Robert Tracy (Employment) will speak on legal considerations for emerging businesses in the energy industry at the SKYLINE event on May 11.
- [Corporate Transparency Act: The Time to File is Now](https://www.gibney.com/alerts/corporate-transparancy-act-time-to-file-now-december-31/) - If you have a small company in the U.S. with less than 20 employees, you need to be aware of a new law that directly impacts your business. The Corporate Transparency Act (the “CTA”) requires you to provide information to the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) as to the ultimate beneficial owners of the company. Please note that the deadline for existing entities to file is December 31, 2024.
- [The Three Things Student Athletes Should Consider for Every NIL Contract](https://www.gibney.com/alerts/the-three-things-student-athletes-should-consider-for-every-nil-contract/) - With student athletes now able to profit from their name, image and likeness (NIL), athletes are taking advantage of opportunities to partner with brand sponsors. When entering into contracts, athletes need to review carefully the terms of the agreement to protect their personal brand. Here are three key considerations to keep in mind when considering any contract.
- [Athlete Opportunity and Taxpayer Integrity Act: New NIL Legislation Seeks to Protect Student Athletes](https://www.gibney.com/alerts/athlete-opportunity-and-taxpayer-integrity-act-new-nil-legislation-seeks-to-protect-student-athletes/) - U.S. Senators Ben Cardin (D-Md.) and John Thune (R-S.D) recently introduced the Athlete Opportunity and Taxpayer Integrity Act. The goal of the bipartisan legislation is to protect student athletes by preventing individuals and organizations from using the charitable tax deduction for contributions that compensate them for the use of their name, image, and likeness (NIL).
- [Initial FY 2025 H-1B Cap Selection Process Completed](https://www.gibney.com/alerts/initial-fy-2025-h-1b-cap-selection-process-completed/) - On April 1 , 2024, USCIS announced that it received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2025 H-1B cap. A random selection (lottery) was conducted from the registrations properly submitted from March 6, 2024 through March 25, 2024. H-1B petitions may be filed for selected registrations starting April 1, 2024.
- [September 2024 Visa Bulletin Released](https://www.gibney.com/alerts/september-2024-visa-bulletin-released/) - The Department of State released the September 2024 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. Most Employment-Based Categories will remain unchanged under Final Action Dates for September with further retrogression observed for EB-3 Professional, Skilled Worker and Other Workers for most countries, as detailed below.
- [USCIS Updates Guidance for International Student Visa Classifications](https://www.gibney.com/alerts/uscis-updates-guidance-for-international-student-visa-classifications/) - USCIS provided updated guidance in the USCIS Policy Manual with regard to the F-1 and M visa classifications utilized by international students for vocational, graduate and post-graduate study at U.S. academic institutions. The new USCIS policies address when students may be eligible for optional practical training (OPT) for Science, Technology, Engineering, and Mathematics (STEM) fields. The update also provides guidance on online study, school transfers, the grace period, and study abroad.
- [USCIS Fiscal Year (FY) 2025 H-1B Cap Reached](https://www.gibney.com/alerts/uscis-fiscal-year-fy-2025-h-1b-cap-reached/) - United States Citizenship and Immigration Services (USCIS) has reached the Fiscal Year (FY) 2025 H-1B cap. USCIS conducted its initial H-1B cap lottery in March 2024, and employers with selected registrations had a 90-day window during to file H-1B cap petitions for designated beneficiaries. USCIS conducted an additional lottery and has received enough petitions to reach the mandated 65,000 H-1B visa regular cap and the 20,000 visas for advanced degree holders. There will be no third lottery.
- [New Key Updates to the H-1B Visa Program: What Employers Need to Know](https://www.gibney.com/alerts/key-updates-to-the-h-1b-visa-program-what-employers-need-to-know/) - The Department of Homeland Security (DHS) has published a final rule with key updates to the H-1B specialty occupation nonimmigrant visa program. The final rule is aimed at modernizing the H-1B program by improving efficiency and providing greater flexibility for petitioners and beneficiaries.
- [USCIS Waives COVID-19 Vaccination for Adjustment of Status Applicants](https://www.gibney.com/alerts/uscis-waives-covid-19-vaccination-for-adjustment-of-status-applicants/) - Effective January 22, 2025, USCIS will no longer require Adjustment of Status applicants to obtain a COVID-19 vaccination as part of the Adjustment of Status process. USCIS will waive all requirements that Adjustment of Status applicants have received the COVID-19 vaccination previously required on Form I-693, Report of Immigration Medical Examination and Vaccination Record.
- [Plan Now for FY 2026 H-1B Cap Registration: What Employers Need to Know](https://www.gibney.com/alerts/plan-now-for-fy-2026-h-1b-cap-registration-what-employers-need-to-know/) - U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2026 H-1B cap from March 7, 2024 to March 24, 2025. As in prior years, employers should start planning for cap registration now by identifying foreign nationals they intend to register for the H-1B cap lottery, and ensuring that they have a properly configured myUSCIS account that it linked to their immigration counsel’s account.
- [USCIS to Issue Redesigned Green Cards and Employment Authorization Documents Starting May 1](https://www.gibney.com/alerts/uscis-issue-redesigned-green-cards-employment-authorization-documents-starting-may-1/) - U.S. Citizenship and Immigration Services (USCIS) will redesign the Permanent Resident Card (Green Card) and the Employment Authorization Document (EAD) starting May 1, 2017. New cards will have enhanced graphics and fraud-resistant security features. The updates are part of an ongoing effort between USCIS, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement to enhance document security and deter counterfeiting and fraud.
- [Trump Administration Endorses RAISE Act Immigration Reform Bill](https://www.gibney.com/alerts/immigration-alert-trump-administration-endorses-raise-act-immigration-reform-bill/) - On August 2, 2017, President Trump announced his support of the proposed American Immigration for a Strong Economy (RAISE) Act. Proposed changes under the immigration reform bill include establishing a skills-based immigration system, limiting family-sponsored immigration, limiting refugees and eliminating the Diversity Immigrant Visa Program.
- [US Embassy in Russia to Suspend Nonimmigrant Visas Starting August 23](https://www.gibney.com/alerts/legal-alert-us-embassy-in-russia-suspends-nonimmigrant-visas-starting-august-23/) - The Department of State (DOS) announced that as a result of the Russian government’s personnel cap imposed on the U.S. Mission, all nonimmigrant visa operations across Russia will be suspended beginning August 23, 2017. Nonimmigrant visas (NIV) include temporary business visitors and common temporary work visas.
- [Enhanced Immigration Vetting Being Implemented](https://www.gibney.com/alerts/immigration-alert-enhanced-immigration-vetting-being-implemented/) - USCIS will begin requiring in-person interviews for employment-based Adjustment of Status (aka green card) applicants starting October 1, 2017. Current USCIS policy allows for waivers of in-person interviews for the majority of employment-based non-immigrant visa holders.
- [USCIS Resumes Premium Processing for FY 2018 Cap-Subject H-1B Petitions](https://www.gibney.com/alerts/immigration-alert-uscis-resumes-premium-processing-for-fy-2018-cap-subject-h-1b-petitions/) - On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it resumed Premium Processing for pending H-1B visa petitions subject to the Fiscal Year (FY) 2018 cap. Employers with pending H-1B cap-subject petitions can now request an upgrade to Premium Processing by filing Form I-907 and submitting the $1,225 filing fee. USCIS must respond within the 15-day period with either an adjudication or Request for Further Evidence, or will refund the fee. USCIS has stated that approval by early October is not guaranteed.
- [Administration Announces New Travel Restrictions](https://www.gibney.com/alerts/immigration-alert-trump-administration-announces-new-travel-restrictions/) - The Administration issued a Proclamation on September 24th, 2017 announcing various restrictions on nonimmigrant and immigrant entry for certain foreign nationals who are citizens or nationals of eight countries: North Korea, Venezuela, Chad, Syria, Iran, Somalia, Libya, and Yemen.
- [Cap-Subject H-1Bs Approved for Fiscal Year 2018 to Take Effect on October 1](https://www.gibney.com/alerts/immigration-alert-cap-subject-h-1bs-approved-for-fiscal-year-2018-to-take-effect-on-october-1/) - H-1B cap-subject visa petitions filed and approved by U.S. Citizenship and Immigration Services (USCIS) for Fiscal Year 2018 will take effect on or after October 1, 2017. After October 1, a beneficiary departing the U.S. must apply for an H-1B visa at a U.S. Consulate abroad in order to re-enter the U.S. in valid H-1B status. U.S. Consulates require a personal interview to apply for a visa, and most require a number of weeks to schedule an interview. Actual visa processing times vary by Consulate and can be found at the U.S. Department of State website. All beneficiaries are advised to check the website of the specific Consulate for further information on scheduling the interview and visa processing.
- [Increased H-1B Onsite Visits ](https://www.gibney.com/alerts/immigration-alert-increased-h-1b-onsite-visits/) - On October 20, 2017, the U.S. Department of Homeland Security’s (DHS) Office of Inspector General released a report outlining recommendations to improve the U.S. Citizenship & Immigration Services (USCIS) Administrative Site Visit and Verification Program and targeted site visits for H-1B non-immigrant workers.
- [Plan Now for H-1B Cap Filings](https://www.gibney.com/alerts/immigration-alert-plan-now-h-1b-cap-filings-2/) - Monday, April 2, 2018 marks the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B petitions subject to the annual cap for the Fiscal Year (FY) 2019, which begins October 1, 2018. Preparation for H-1B cap season starts much earlier, with the identification of prospective beneficiaries and gathering of supporting documentation. With increasing demand for H-1B workers, we encourage employers to identify potential H-1B cap cases now and work with immigration counsel to ensure timely filing of cases.
- [Premium Processing Fee Increase Takes Effect on October 1](https://www.gibney.com/alerts/premium-processing-fee-increase-effective-october-1/) - Effective October 1, 2018, the Department of Homeland Security (DHS) is increasing the Form I-907 premium processing fee from $1,225 to $1,410. All applications postmarked on or after that date must include the new fee. As a reminder, premium processing is available for certain immigration petitions filed on Forms I-129 and I-140.
- [DHS to Change H-1B Cap Lottery Selection Process](https://www.gibney.com/alerts/dhs-to-change-h-1b-cap-lottery-selection-process/) - The Department of Homeland Security (DHS) announced a final rule to amend regulations governing the H-1B cap process. Some changes will take effect for H-1B cap petitions filed this year (April 1, 2019) while other changes will be implemented for cap petitions filed in fiscal year (FY) 2021.
- [USCIS Proposes to Modify FY2020 H-1B Cap Process](https://www.gibney.com/alerts/uscis-proposes-to-modify-fy2020-h-1b-cap-process/) - On December 3, 2018, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to modify the H-1B cap-subject petition filing process for the upcoming FY2020 H-1B cap.
- [Immigration Planing for Holiday Travel](https://www.gibney.com/alerts/plan-ahead-for-holiday-travel/) - As the holiday season approaches, international travelers should expect airports, Consulates and U.S. Ports of Entry to be exceptionally busy due to the large number of travelers and visa applicants, and enhanced security measures and vetting procedures. Corporate human resource personnel, business travelers, and foreign national employees should take proactive steps and plan ahead to minimize the likelihood of delays when traveling abroad and entering the U.S.
- [USCIS to Implement Notice to Appear Policy Memo](https://www.gibney.com/alerts/uscis-to-implement-notice-to-appear-policy-memo/) - Starting October 1, 2018, the United States Citizenship and Immigration Service will begin implementing its June 28, 2018 policy memorandum, Updated Guidance for the Referral of Cases and Issuance of Notices to Appear in Cases Involving Inadmissible and Deportable Aliens. An NTA is a charging document issued to a foreign national that initiates removal proceedings, requiring the individual to appear before an immigration judge to determine whether he/she should be removed from the United States.
- [Supreme Court Upholds President’s Travel Ban](https://www.gibney.com/alerts/supreme-court-upholds-presidents-travel-ban/) - On June 26, 2018, the Supreme Court upheld the Trump Administration’s ban restricting nonimmigrant and immigrant entry for certain foreign nationals who are citizens or nationals of seven countries: Libya, North Korea, Syria, Venezuela, Yemen, Iran and Somalia. The decision lifts the temporary injunctions issued by the lower courts
- [Immigration Related Services Functioning as Government Shutdown Ends](https://www.gibney.com/alerts/immigration-alert-update-immigration-related-services-functioning-government-shutdown-ends/) - The U.S. Congress passed a short-term spending bill to fund the government through February 8th, 2018. All government services, including immigration services which were temporarily suspended during the shutdown, have now resumed. At this time, it is unclear whether the government will face a similar shutdown in February, which would again affect immigration services.
- [Government Shutdown Impacts Immigration Related Services](https://www.gibney.com/alerts/immigration-alert-government-shutdown-impacts-immigration-related-services-2/) - The failure of Congress to reach an agreement regarding the federal budget resulted in a government shutdown effective January 20, 2018 at 12:01 AM. The shutdown is expected to impact immigration related services provided by the U.S. Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP) and the U.S. Department of State (DOS).
- [New Executive Order on U.S. Immigration Effective March 16](https://www.gibney.com/alerts/new-executive-order-on-u-s-immigration-effective-march-16/) - On Monday, March 6, 2017, the Trump Administration issued a new Executive Order which will take effect on March 16, 2017 suspending entry of certain foreign nationals of six (6) countries including Iran, Libya, Somalia, Sudan, Syria, and Yemen for at least 90 days, subject to exemptions and waivers outlined below. The order also suspends the entry of all refugees for at least 120 days.
- [USCIS Resumes H-1B Premium Processing for Certain Cap-Exempt Petitions](https://www.gibney.com/alerts/immigration-alert-uscis-resumes-h-1b-premium-processing-for-certain-cap-exempt-petitions/) - On July 24, 2017, USCIS resumed premium processing for certain cap-exempt H-1B petitions. Specifically, premium processing resumed for cases in which the H-1B petitioner is an institution of higher education; a nonprofit related to or affiliated with an institution of higher education; or a nonprofit research or governmental research organization. Premium processing also resumed for petitions that may be exempt if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity as defined above.
- [New Version of Form I-9 Released](https://www.gibney.com/alerts/immigration-alert-new-version-of-form-i-9-released/) - Today, U.S. Citizenship and Immigration Services (USCIS) released a new version of Form I-9 that will become mandatory beginning Monday, September 18, 2017. Until Sunday, September 17, 2017, employers may choose to continue to use the prior edition of Form I-9. With this new version, no changes have been made to the Form I-9 itself. Instead, subtle changes have been made to the Form I-9 Instructions and to the Form I-9 Handbook (M-274). For example, a Consular Report of Birth Abroad (FS-240) issued by a U.S. Embassy or Consulate overseas will now be considered a List C document.
- [Department of Homeland Security Delays International Entrepreneur Rule](https://www.gibney.com/alerts/immigration-alert-department-of-homeland-security-delays-international-entrepreneur-rule/) - The Department of Homeland Security (DHS) announced that it will delay implementation of the International Entrepreneur Rule until March 2018 while it considers whether to rescind it. The rule was set to go into effect on July 17. The proposed rule would allow qualifying international entrepreneurs to seek temporary permission to stay in the U.S. as parolees for up to 5 years, to facilitate the growth of promising startups.
- [Supreme Court Reinstates Portions of Trump's Executive Order on Immigration](https://www.gibney.com/alerts/immigration-alert-the-supreme-court-reinstates-portions-of-trumps-executive-order/) - In an unsigned opinion, the U.S. Supreme Court has agreed to allow a limited provision of President Trump's Executive Order on immigration (the "Order") to take effect. The Court decided to allow the suspension of entry for foreign nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen who lack any "bona fide relationship with any person or entity in the United States."
- [Trump Issues Executive Order: "Buy American, Hire American"](https://www.gibney.com/alerts/immigration-alert-trump-issues-executive-order-buy-american-hire-american/) - On April 18, 2017, President Trump signed an Executive Order mandating a comprehensive review of the H-1B visa program used by companies to employ highly-skilled foreign workers. The Executive Order instructs the U.S. Department of Justice, Department of State, Department of Labor and Department of Homeland Security to propose new rules and guidance to "protect the interests of U.S. workers" and prevent fraud and abuse within the program. The federal agencies are also charged with suggesting reforms to the H-1B program to ensure that H-1B visas are awarded to the "most skilled" or "highest-paid" beneficiaries.
- [Federal Court Blocks Latest Executive Order on Immigration](https://www.gibney.com/alerts/immigration-alert-federal-court-blocks-latest-executive-order-on-immigration/) - On March 15, 2017, a Federal District Court in Hawaii granted a temporary restraining order preventing implementation of the two key provisions of the latest Executive Order impacting immigration, which was intended to go into effect on March 16th. The court order halts implementation of Section 2 of the order regarding suspension of entry by nationals of designated countries for 90 days and Section 6 suspending refugee admissions.
- [Proposed Executive Order on Travel/Refugee Ban](https://www.gibney.com/alerts/proposed-executive-order-travelrefugee-ban/) - The Trump administration is expected to issue an Executive Order calling for the suspension of visas and immigration benefits for nationals of seven (7) predominantly Muslim countries, as well as the suspension of the U.S. refugee program.
- [Update on Trump Administration Executive Orders on U.S. Immigration](https://www.gibney.com/alerts/update-on-trump-administration-executive-orders-on-u-s-immigration/) - On Friday, January 27, 2017, the Trump administration issued an Executive Order suspending entry of non-immigrant visa holders and U.S. lawful permanent residents (aka green card holders) who are nationals of seven (7) countries including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for at least 90 days, and suspending admittance of all refugees for at least 120 days.
- [Trump Administration Executive Orders on U.S. Immigration: Court Halts Travel/Refugee Ban](https://www.gibney.com/alerts/update-trump-administration-executive-orders-u-s-immigration-temporary-stay-granted/) - On Friday, January 27, 2017, the Trump administration issued an Executive Order suspending entry of nationals from seven (7) countries including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for at least 90 days, and suspending admittance of all refugees for at least 120 days. Since the Executive Order was signed, U.S. government agencies have issued various guidance regarding the admittance of travelers, reacting in light of various U.S. Federal Court judicial orders.
- [Trump Administration Executive Orders on U.S. Immigration Remains On Hold](https://www.gibney.com/alerts/update-trump-administration-executive-order-u-s-immigration-temporary-stay-upheld/) - The Trump Administration’s Executive Order on immigration remains on hold after an appeals court denied an emergency motion by the government to reinstate it. The Executive Order issued on January 27, 2017, sought to suspend entry of nationals from seven (7) countries including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for at least 90 days, and suspend admittance of all refugees for at least 120 days. The order was immediately challenged in courts across the country, including in Washington State, where a federal district court judge issued a temporary restraining order on February 3, 2017 that blocked enforcement of the travel ban on a nationwide basis while litigation is pending.
- [Premium Processing Suspended For All H-1B Petitions Starting April 3rd](https://www.gibney.com/alerts/immigration-alert-premium-processing-suspended-for-all-h-1b-petitions-starting-april-3rd/) - The U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend Premium Processing for all H-1B petitions for a period of up to six months starting on April 3rd, 2017. The USCIS's goal is to reduce overall H-1B processing times and prioritize adjudication of long-pending petitions.
- [President Trump Signs Laken Riley Act into Law: What This Means for Immigration Enforcement](https://www.gibney.com/alerts/president-trump-signs-laken-riley-act-into-law-what-this-means-for-immigration-enforcement/) - On January 29, 2025, President Donald Trump signed the Laken Riley Act, which substantially widens the government’s authority with respect to immigration enforcement. The new law institutes two separate changes into the immigration enforcement scheme in the United States,
- [Gibney Names John Macaluso as New Intellectual Property Chair](https://www.gibney.com/firm_news/gibney-names-john-macaluso-as-new-intellectual-property-chair/) - Gibney is pleased to announce the appointment of Partner John Macaluso as the new Chair of the Intellectual Property Group. John currently serves as a member of Gibney’s Executive Committee and has been with Gibney for 35 years.
- [Gibney Attorneys Recognized in Super Lawyers 2023](https://www.gibney.com/firm_news/gibney-attorneys-recognized-in-2023-super-lawyers/) - Gibney attorneys were recognized in New York Super Lawyers 2023. Super Lawyers recognizes lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.
- [IP Partner Angelo Mazza Featured in Loss Prevention Magazine](https://www.gibney.com/media-mentions/ip-partner-angelo-mazza-featured-in-loss-prevention-magazine/) - IP Partner Angelo Mazza was featured in the article "When Did Counterfeit Become Cool?" in Loss Prevention Magazine. The article explores the rise of counterfeit goods and its impact on the retail industry. In the article, Angelo shares his insights stating “The quality of the counterfeits has improved over the years as certain technologies become
- [Gibney Featured in Finding Your Way: The Trade and Investment Guide to the U.S.](https://www.gibney.com/media-mentions/gibney-featured-in-finding-your-way-the-trade-and-investment-guide-to-the-u-s/) - Gibney is featured in the BritishAmerican Business Guide: Finding Your Way: The Trade and Investment Guide to the U.S. Updated Edition (2021/2022) for Immigration.
- [Ellen Poreda, Stephen J.O. Maltby and Renna Nukta Author Chapter on US Immigration](https://www.gibney.com/media-mentions/ellen-poreda-stephen-j-o-maltby-and-renna-nukta-author-chapter-on-us-immigration/) - Immigration attorneys Ellen Poreda, Stephen J.O. Maltby and Renna Nukta authored a chapter on US Immigration for The Corporate Immigration Review.
- [IP Partner Angelo Mazza is a Featured Guest on The Protectors Podcast](https://www.gibney.com/media-mentions/ip-partner-angelo-mazza-is-a-featured-guest-on-the-protectors-podcast/) - Podcast Anyone? While participating at the CCROC Conference last month, IP Partner Angelo Mazza was a featured guest on the The Protectors Podcast presented by the International Association of Financial Crimes Investigators (IAFCI) for the episode: A Pirate's Ransom: The Battle Against Intellectual Property Theft. Angelo discussed a number of the issues related to intellectual property crimes and scams while addressing efforts to protect a brand's most valuable IP assets.
- [Angelo Mazza Featured in Loss Prevention Magazine on IP Counterfeiting](https://www.gibney.com/media-mentions/angelo-mazza-featured-in-loss-prevention-magazine-on-ip-counterfeiting/) - IP Partner Angelo Mazza was quoted in the article "When Did Counterfeit Become Cool?" in Loss Prevention Magazine. The articles explores the rise of counterfeit products in the retail industry.
- [Inez Macedonio Article on the Immigration Visa Bulletin on JD Supra Popular Reads List](https://www.gibney.com/media-mentions/inez-macedonio-article-on-the-immigration-visa-bulletin-on-jd-supra-popular-reads-list/) - The article May 2024 Visa Bulletin Released by Senior Counsel Inez Macedonio was recognized on JD Supra's May Popular Reads List. In the article, Inez discusses how USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. Most Employment-Based Categories will hold steady and remain unchanged for May under Final Action Dates.
- [Ellen Poreda, Stephen Maltby and Stewart Rodriguez Co-Author Year in Review: Corporate Immigration in USA](https://www.gibney.com/media-mentions/ellen-poreda-stephen-maltby-and-stewart-rodriguez-co-author-year-in-review-corporate-immigration-in-usa/) - Immigration Group attorneys Ellen Poreda, Stephen Maltby and Stewart Rodriguez co-authored the article: Year in Review: Corporate Immigration in USA. In the article, the attorneys highlight that the past year has seen a few positive developments for employment-based immigration, yet they have been somewhat overshadowed by long processing times, multiple threats of a government shutdown by a dysfunctional Congress and political manoeuvring as we head into another presidential election. The article explores key issues and provides an outlook for 2020.
- [IP Partner Angelo Mazza Featured On IP Fridays Podcast](https://www.gibney.com/media-mentions/ip-partner-angelo-mazza-featured-on-ip-fridays-podcast/) - IP Partner Angelo Mazza was a featured guest on the IP Fridays Podcast with hosts Ken Suzan and Dr. Rolf Claessen . He is featured on Episode 153: Experience With US Customs (CBP) – E-Commerce and the De Minimis Rule For Counterfeit Goods – MOU With US Chamber.
- [IP Partner Angelo Mazza Featured on Tracer Talks Discussing Cybercrime in the Luxury Goods Market](https://www.gibney.com/media-mentions/ip-partner-angelo-mazza-featured-on-tracer-talks/) - IP Partner Angelo Mazza is featured in Tracer Talks Episode 5: Fighting Cybercrime in the Luxury Goods Market. Angelo and Tracer CEO Rick Farnell delve into the emergence of "dupe culture" and its market impact.
- [Gibney Recognized in JD Supra’s 2023 Readers’ Choice Awards](https://www.gibney.com/media-mentions/immigration-partner-claire-razzolini-recognized-in-jd-supras-2023-readers-choice-awards/) - Gibney was recognized on the subject of immigration for the third straight year. The JD Supra Readers’ Choice Awards highlight top authors and firms who were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2022.
- [GIbney COVID-19 Response and Business Operations](https://www.gibney.com/firm_news/gibney-covid-19-response-and-business-operations/) - As we all continue to navigate the rapidly evolving impact of the COVID-19 pandemic, Gibney is proactively at work to protect the health and safety of our employees and ensure high-level service for our clients.
- [Gibney Recognized in JD Supra 2022 Reader's Choice Awards](https://www.gibney.com/firm_news/immigration-partner-claire-razzolini-recognized-in-jd-supra-2022-readers-choice-awards/) - Gibney attorneys were recognized as a top author on the subject of immigration in the 2022 JD Supra Readers' Choice Awards, recognizing 267 authors from among the over 65,000 authors who published on the platform throughout 2022.
- [Houman Afshar Quoted in Bloomberg BNA on Trump Immigration Order](https://www.gibney.com/firm_news/homan-ahshar-quoted-in-bloomberg-bna-on-trump-immigration-order/) - Immigration Partner Houman Afshar was quoted in the Bloomberg BNA article “How Hard Will Trump’s Immigration Order Hit Businesses?” on January 31, 2017. The article addresses how U.S. companies are responding to President Donald Trump’s Jan. 27 immigration executive order which included a ban on entry for nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
- [Bob Tracy Talks with Women’s Wear Daily about Workplace Antidiscrimination and Personal Expression](https://www.gibney.com/firm_news/bob-tracy-talks-with-womens-wear-daily-about-workplace-antidiscrimination-and-personal-expression/) - Bob Tracy was quoted in the Women’s Wear Daily article “On Staff: Fashion Works Through Braids and Identity.” The article explores steps that the New York City Commission on Human Rights has taken to identify potentially discriminatory practices involving grooming standards and dress codes.
- [Robert Tracy Discussses Dress Code Discrimination in New York Law Journal](https://www.gibney.com/firm_news/robert-tracy-discusses-dress-code-discrimination-in-new-york-law-journal/) - Robert Tracy co-authored the article “Are dress codes and grooming policies a source of potential liability for employers?” for the New York Law Journal’s Fashion Law issue published on August 26, 2019.
- [Angelo Mazza Quoted in Vox Media on Covid-19 Counterfeiters](https://www.gibney.com/firm_news/angelo-mazza-quoted-in-vox-media-on-covid-19-counterfeiters/) - IP Partner Angelo Mazza was quoted in the Vox Media article, “Coronavirus scammers are flooding social media with fake cures and tests.” The article explores the demand for products fueled by the Covid-19 pandemic such at-home testing kits and the new risk caused by online opportunists selling counterfeit products on social media platforms, e-commerce marketplaces and the dark web.
- [Gibney Immigration Article On JD Supra's June 2021 Popular Reads List](https://www.gibney.com/firm_news/gibney-immigration-article-jdsupra-2021-popular-reads-list/) - Gibney's recent immigration article was listed on JD Supra's Popular Reads List. The list ranks the most widely read articles on JD Supra in June 2021.
- [IP Partner Angelo Mazza to Speak at the EUROPOL IP Crime Conference on Combatting Counterfeit Goods](https://www.gibney.com/events/ip-partner-angelo-mazza-to-speak-at-the-europol-ip-crime-conference-on-combatting-counterfeit-goods/) - Intellectual Property Partner Angelo Mazza will speak at the EUROPOL IP Crime Conference in Lisbon, Portugal on October 26. His panel is titled “US Based, International Impact: Combatting Counterfeit Goods Posing a Threat to Health & Safety”.
- [Gibney Attorneys Recognized in 2024 JD Supra Awards](https://www.gibney.com/firm_news/claire-razzolini-recognized-in-jd-supra-awards/) - Gibney attorneys were recognized as a top author on the subject of immigration for the fourth consecutive year. The 2024 JD Supra Readers’ Choice Awards highlight top authors and firms who were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform.
- [Angelo Mazza Speaks at PLIs Intellectual Property Rights Enforcement 2024](https://www.gibney.com/events/angelo-mazza-and-maja-szumarska-to-speak-at-plis-intellectual-property-rights-enforcement-2024/) - IIntellectual Property Partner Angelo Mazza spoke at the Practising Law Institute’s Intellectual Property Rights Enforcement 2024 on January 17, 2024. The program provides developments on recent copyright and trademark cases and anticounterfeiting trends.
- [Trump Administration Issues Immigration Executive Orders](https://www.gibney.com/alerts/trump-administration-executive-orders/) - The Trump Administration executed a number of Executive Orders related to immigration in its first day. These orders include a return to the “extreme vetting” policy of the previous Trump administration, limitations on refugee and asylum policy, changes to border enforcement measures, and an order attempting to limit birthright citizenship guaranteed by the United States Constitution. Unlike the first Trump Administration, an immediate travel ban was not implemented. However, federal agencies were ordered to make recommendations on travel restrictions in the coming weeks.
- [February 2025 Immigration Visa Bulletin Released: What Employers Need to Know](https://www.gibney.com/alerts/february-2025-immigration-visa-bulletin-released-what-employers-need-to-know/) - The Department of State released the February 2025 Visa Bulletin and USCIS has confirmed they will accept the more modest Final Action Dates chart for employment-based Adjustment of Status applications. The Final Action Dates chart notes slight advancement for EB-2 and EB-3 India by two weeks, as well as forward movement for EB-3 China by one month. All other employment-based categories will continue to hold steady for February.
- [Angelo Mazza to Moderate INTA Panel on Business Development and Networking](https://www.gibney.com/events/angelo-mazza-to-moderate-inta-panel-on-business-development-and-networking/) - IP Partner Angelo Mazza is moderating an INTA virtual roundtable discussion panel. His session titled "Navigating Your Attendance and Maximizing the Value of the INTA Annual Meeting" will be held on Wednesday, February 5 from 11:00 am - 12:00 pm ET. This is a professional development session for INTA attendees in preparation for the upcoming 2025 Annual Meeting on May 17 - 21 in San Diego, California.
- [Angelo Mazza to Speak at PLI Intellectual Property Rights Enforcement 2025](https://www.gibney.com/events/angelo-mazza-to-speak-at-pli-intellectual-property-rights-enforcement-2025/) - Intellectual Property Partner Angelo Mazza will speak at the Practising Law Institute’s Intellectual Property Rights Enforcement 2025 on January 15, 2025. The program provides developments on recent copyright and trademark cases and anticounterfeiting trends.
- [January 2025 Immigration Visa Bulletin Released](https://www.gibney.com/alerts/january-2025-immigration-visa-bulletin-released/) - The Department of State released the January 2025 Visa Bulletin and USCIS has confirmed they will accept employment-based Adjustment of Status applications based on the Dates for Filing chart. All employment-based categories pursuant to Dates for Filing will continue to hold steady with no advancement observed in January.
- [United Kingdom Electronic Travel Authorization Required Starting January 8, 2025](https://www.gibney.com/alerts/united-kingdom-electronic-travel-authorization-required-starting-january-8-2025/) - Starting on January 8, 2025, citizens from multiple countries, including the United States, will require a new electronic travel authorization (ETA) to enter the United Kingdom as visitors without a visa.
- [DHS Permanently Increases the Automatic Extension Period for EAD Renewals to Support US Employers](https://www.gibney.com/alerts/dhs-permanently-increases-the-automatic-extension-period-for-ead-renewals-to-support-us-employers/) - The Department of Homeland Security (DHS) announced a final rule to permanently increase the automatic extension period for employment authorization and Employment Authorization Documents for certain applicants. The final rule will help to prevent eligible renewal applicants from experiencing a lapse in employment authorization due to longer processing times.
- [Planning Ahead for Holiday Travel: 2024 Immigration Checklist](https://www.gibney.com/alerts/planning-ahead-for-holiday-travel-immigration-checklist-2/) - The holiday season is here and it is critical that foreign nationals plan ahead to minimize potential risk and delays with traveling abroad and entering the U.S. Our holiday travel checklist is designed to help foreign national employees and employers schedule appointments and gather required documentation in advance.
- [December 2024 Immigration Visa Bulletin: What Employers Need to Know](https://www.gibney.com/alerts/december-2024-immigration-visa-bulletin-what-employers-need-to-know/) - The Department of State released the December 2024 Visa Bulletin and USCIS will continue to accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart. All employment-based categories pursuant to Dates for Filing will continue to hold steady with no advancement observed in December. The Final Action Dates chart also remains largely unchanged with the exception of very modest advancement for EB-2 and EB-3 India. which will move forward by two weeks and one week, respectively.
- [Gibney Launches Special Strategic Immigration Task Force to Monitor and Respond to Future Challenges on Behalf of its Clients  ](https://www.gibney.com/alerts/gibney-launches-special-strategic-immigration-task-force-to-monitor-and-respond-to-future-challenges-on-behalf-of-its-clients/) - Gibney has assembled a team of experts who will take a special role in supporting the specific needs of its valued clients so that they may effectively navigate the complexities of the immigration system and understand how potential changes will impact them. The task force will deliver Regulatory Monitoring and Analysis; Risk Assessment and Mitigation; Client Education; Crisis Management and Response; Strategic Planning; and Data Analytics and Reporting. By proactively addressing potential negative consequences, the task force can help employers navigate the ever-changing immigration landscape, minimize risks, and optimize their immigration programs.
- [November 2024 Visa Bulletin Released](https://www.gibney.com/alerts/november-2024-visa-bulletin-released/) - The Department of State released the November 2024 Visa Bulletin and USCIS will continue to accept employment-based Adjustment of Status applications based on the Dates for Filing chart. All employment-based categories pursuant to Dates for Filing will hold steady with no forward movement observed in November.
- [Qatar Becomes the First Gulf State to Join the Visa Waiver Program](https://www.gibney.com/alerts/qatar-becomes-the-first-gulf-state-to-join-the-visa-waiver-program/) - The U.S. Department of Homeland Security (DHS) has designated Qatar for inclusion in the Visa Waiver Program (VWP). Qatar will be the first Gulf State to join the VWP program which allows for streamlined travel and entry to the United States.
- [USCIS to Extend Green Card Validity for Renewal Applications to 36 Months](https://www.gibney.com/alerts/uscis-to-extend-green-card-validity-for-renewal-applications-to-36-months/) - Starting on September 10, 2024, U.S. Citizenship and Immigration Services (USCIS) has automatically extended the validity of Permanent Resident Cards (Green Cards) to 36 months for lawful permanent residents who submit Form I-90, the Application to Replace a Permanent Resident Card. Lawful permanent residents who properly file Form I-90 to renew an expired or soon-to-expire Green Card are eligible for this extension. Previously, receipt notices for Form I-90 provided only a 24-month extension of Green Card validity.
- [October 2024 Visa Bulletin Released](https://www.gibney.com/alerts/october-2024-visa-bulletin-released/) - The Department of State released the October 2024 Visa Bulletin and USCIS will accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart for the beginning of this fiscal year. Most categories will advance modestly or hold steady, with the exception of EB-3 China noting further retrogression.
- [Gibney Celebrates Constitution Day and Citizenship Day](https://www.gibney.com/firm_news/gibney-celebrates-constitution-day-and-citizenship-day/) - At Gibney, we understand that navigating the U.S. immigration system is a crucial step in a person’s professional and personal journey. As we approach Constitution Day and Citizenship Day, we reflect on the values of opportunity and inclusion that drive this nation. Constitution Day observed annually on September 17, commemorates the signing of the U.S.
- [EB-1 Immigrant Visa Category Unavailable After Reaching Annual Limit for FY 2024](https://www.gibney.com/alerts/eb-1-immigrant-visa-category-unavailable-after-reaching-annual-limit-for-fy-2024/) - The Department of State has confirmed that the annual limit for the EB-1 immigrant visa category has been reached for FY2024. Accordingly, no immigrant visas or green cards will be issued for the remainder of the fiscal year, which ends on September 30, 2024. However, USCIS will continue to accept EB-1 Adjustment of Status applications which are listed as current in the visa bulletin for September. Although Adjustment of Status filings based on the EB-1 category may continue to be accepted by USCIS, these filings cannot be approved until a visa number becomes available.
- [Immigration by the Numbers: Key Stats on FY 2025 H-1B Cap Lottery and H-1B Alternatives   ](https://www.gibney.com/alerts/immigration-by-the-numbers-key-stats-on-fy-2025-h-1b-cap-lottery-and-h-1b-alternatives/) - With the second round of the H-1B cap lottery just completed, the United States Citizenship and Immigration Service (USCIS) has now released statistics for this year’s H-1B cap selections as well as statistics on H-1B alternatives such as O-1A and EB-2 NIW cases.
- [USCIS Makes Updates to Guidance and Increases Investment and Revenue Thresholds for the International Entrepreneur Rule](https://www.gibney.com/alerts/uscis-makes-updates-to-guidance-and-increases-investment-and-revenue-thresholds-for-the-international-entrepreneur-rule/) - U.S. Citizenship and Immigration Services (USCIS) provided updated guidance on the eligibility requirements for the International Entrepreneur Rule (IER). Starting Oct. 1, 2024, USCIS will also increase the investment and revenue thresholds for foreign entrepreneurs to apply.
- [USCIS Completes Second H-1B Lottery for FY 2025](https://www.gibney.com/alerts/uscis-completes-second-h-1b-lottery-for-fy-2025/) - USCIS announced today that it completed the second H-1B cap lottery for fiscal year (FY) 2025 H-1B cap. All employers with selected registrations have been notified. Employers with selected registrations from the second lottery may file an H-1B petition for the beneficiary of a selected registration during the 90-day period from August 8, 2024 to
- [USCIS Will Conduct Second FY 2025 H-1B Cap Lottery](https://www.gibney.com/alerts/uscis-will-conduct-second-fy-2025-h-1b-cap-lottery/) - USCIS has announced that it will soon conduct a second round of H-1B cap lottery selection for fiscal year (FY) 2025 H-1B cap from the previously submitted registrations. USCIS has not indicated when the lottery will take place, but stated that all employers with selected registrations from the second lottery will be notified through their USCIS online accounts. Employers with selected registrations will be able to file an H-1B petition for the beneficiary of a selected registration during the 90-day period to be specified by USCIS.
- [New Biden-Harris Administration Parole in Place Spousal Protection Program:  USCIS Will Begin Accepting Applications Starting August 19, 2024](https://www.gibney.com/alerts/new-biden-harris-administration-parole-in-place-spousal-protection-program-uscis-will-begin-accepting-applications-starting-august-19-2024/) - The Department of Homeland Security (DHS) previously announced a new spousal protection policy in keeping with the Biden-Harris administration’s commitment to keep families together. DHS is establishing a process to consider, on a case-by-case basis, requests for parole in place from certain noncitizen spouses and step-children of U.S. citizens who have been in the U.S. in an undocumented status for at least a decade.
- [August 2024 Visa Bulletin Released](https://www.gibney.com/alerts/august-2024-visa-bulletin-released/) - The Department of State released the August 2024 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. Most Employment-Based Categories hold steady under Final Action Dates for August with moderate advancement for India EB-2, EB-3 and Other Workers.
- [July 2024 Visa Bulletin Released](https://www.gibney.com/alerts/july-2024-visa-bulletin-released/) - The Department of State released the July 2024 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. Most Employment-Based Categories will advance under Final Action Dates for July, while EB-3 Worldwide will retrogress by almost one year, with further retrogression projected in coming months.
- [USCIS Rejections and Delays Due to April 1 Changes](https://www.gibney.com/alerts/uscis-rejections-and-delays-due-to-april-1-changes/) - Gibney attorneys and American Immigration Lawyers Association (AILA) members have been monitoring nationwide issues with U.S. Citizenship and Immigration Services (USCIS) processing related to erroneous rejections and delays in receipt issuance for applications submitted over the last several weeks.
- [Immigration Summer Travel Checklist](https://www.gibney.com/alerts/immigration-summer-travel-checklist/) - Summer travel is expected to remain at record high levels in 2024, continuing the upsurge since pandemic-era restrictions were lifted. International travelers should expect busy consulates and U.S. Ports of Entry. Although many U.S. consulates have reduced visa wait times in recent months, foreign nationals may still encounter delays when applying for a visa. We encourage all travelers to plan ahead when traveling abroad and entering the U.S. Our travel checklist is designed to help foreign nationals schedule appointments and gather required documentation in advance.
- [Gibney Attorneys Recognized in JD Supra's 2021 Readers' Choice Awards](https://www.gibney.com/firm_news/immigration-partner-claire-razzolini-recognized-as-top-immigration-attorney-in-jd-supras-2021-readers-choice-awards/) - Gibney attorneys were recognized on the subject of immigration. The JD Supra Readers' Choice Awards highlight top authors and firms who were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2020.
- [Immigration Attorneys to Participate in NYSBA Immigration Law 2019 Program](https://www.gibney.com/events/immigration-attorneys-to-participate-in-nysba-immigration-law-2019-program/) - Gibney is participating in the New York State Bar Association’s Immigration Law 2019: Skills and Practice CLE on Monday, February 25, 2019.
- [Gibney Joins Future Mobility of Talent and US/UK Immigration Panel Event at BritishAmerican Business](https://www.gibney.com/events/claire-razzolini-to-speak-on-the-future-of-us-immigration-at-britishamerican-business/) - Gibney participated in the BritishAmerican Business Event: Future Mobility of Talent and UK Immigration on June 26 in London. This event will cover UK/US immigration and the future mobility of talent.
- [Gibney Joins BritishAmerican Business to Present Transatlantic Corridor Business Travel: The Immigration Outlook for UK & U.S. Labor Mobility](https://www.gibney.com/events/joins-britishamericanbusiness-for-transatlantic-corridor-business-travel/) - Gibney and Magrath Sheldrick are co-sponsoring the British American Business Event "The Transatlantic Corridor Business Travel: The Immigration Outlook for UK & U.S. Labor Mobility." Gibney will focus on the U.S. perspective for the international mobility of executives, entrepreneurs and innovators.
- [Gibney Attorneys to Speak at New York State Bar Association Immigration Law 2019](https://www.gibney.com/events/gibney-attorneys-to-speak-at-new-york-state-bar-association-immigration-law-2019/) - Gibney is participating in the New York State Bar Association event Immigration Law 2019: Skills and Practice CLE on Monday, February 25, 2019.
- [Navigating Global Mobility For Your Organization](https://www.gibney.com/events/navigating-global-mobility-for-your-organization/) - Gibney is partnering with BritishAmerican Business (BAB) to host the program "Navigating Global Mobility For Your Organization" on November 15. This program will feature a practical session on global mobility and recruitment, addressing the ongoing shifts in the translation of U.S. immigration regulations and policies by the current administration. Immigration Partner Claire Razzolini will moderate the program and Senior Counsel Violeta Petrova will discuss the recent immigration trends.
- [Managing Global Mobility Challenges](https://www.gibney.com/events/gibney-program-managing-global-mobility-challenges-brexit-trump-administration/) - This program will feature a panel discussion focusing on the critical issues of immigration and employment in the age of Brexit and the impact it will have on the transfer of employees between the UK and US.
- [Gibney Participates in Immigration 2022 – The Outlook for Employers](https://www.gibney.com/events/claire-razzolini-to-speak-at-immigration-2022-the-outlook-for-employers/) - Gibney participated in the event "Immigration 2022 – The Outlook for Employers" on Thursday 16 December 12pm, hosted by Magrath Sheldrick. This event is a look ahead to the coming year and will focus on the changes and challenges that employers will face in international mobility in 2022. Following the success of the recent session on the UK and Europe, this practical and interactive session will focus on the immigration policy initiatives, procedural challenges and regulatory changes in the United States and Asia Pacific.
- [June 2024 Visa Bulletin Released](https://www.gibney.com/alerts/june-2024-visa-bulletin-released/) - The Department of State released the June 2024 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. All Employment-Based Categories will hold steady and remain unchanged for June under Final Action Dates with the exception of EB-3 India which will advance by one week.
- [David Johnson and Arielle Sheinfeld to Speak at BelCham US Readiness Event](https://www.gibney.com/events/david-johnson-and-arielle-sheinfeld-speak-at-belcham-us-readiness-event/) - Gibney partnered with Belcham for the US Readiness online learning event from April 22-26, 2024. The program was designed to help companies who are ready for US expansion.
- [Angelo Mazza to Speak at IACC Fireside Chat on IP Enforcement](https://www.gibney.com/events/angelo-mazza-to-speak-at-iacc-fireside-chat-on-ip-enforcement/) - IP Partner Angelo Mazza will speak at the IACC Annual Conference 2024 on May 16, 2024 in Orlando, FL. Angelo's session will take place from 9:30am - 10:15am on May 16, 2024. His session is titled "IP Enforcement in One of the Busiest US Ports - A Fireside Chat with Salvatore Ingrassia, Port Director, New York JFK Airport".
- [FTC Issues Final Rule Effectively Banning Workplace Non-Compete Agreements](https://www.gibney.com/alerts/ftc-issues-final-rule-effectively-banning-workplace-non-compete-agreements/) - On April 23, 2024, the Federal Trade Commission (FTC) announced it had approved its final rule that would effectively ban workplace non-compete agreements, with limited exceptions (the “Final Rule”). The effective date of the Final Rule is 120 days after publication in the Federal Register – not after the FTC’s public announcement. The Final Rule concluded that non-compete agreements are an “unfair method of competition” and a violation of Section 5 of the FTC Act. Under the Final Rule, the FTC has issued a comprehensive ban on new non-compete agreements with all workers, including senior executives. Thus, under this rule, businesses are prohibited from entering into or enforcing new non-compete agreements upon the effective date.
- [May 2024 Visa Bulletin Released](https://www.gibney.com/alerts/may-2024-visa-bulletin-released/) - The Department of State released the May 2024 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. Most Employment-Based Categories will hold steady and remain unchanged for May under Final Action Dates.
- [European Commission Adopts Toolbox to Combat Counterfeiting](https://www.gibney.com/alerts/european-commission-adopts-toolbox-to-combat-counterfeiting/) - The European Commission has adopted a toolbox to combat counterfeiting and help brands enforce their intellectual property rights. The toolkit builds on the Commission’s 2020 Intellectual Property Action Plan to enhance IP enforcement and the 2022 Digital Services Act.
- [FY 2025 H-1B Cap Registration Period Extended](https://www.gibney.com/alerts/fy-2025-h-1b-cap-registration-period-extended/) - USCIS has extended the fiscal year 2025 (FY 2025) H-1B cap registration period. The new deadline to submit cap registrations is Monday, March 25, 2024 at noon Eastern Daylight Time. The extension comes after employers and their legal representatives encountered numerous technical problems with the reconfigured USCIS electronic registration system, preventing the submission and payment of registrations.
- [April 2024 Immigration Visa Bulletin Released](https://www.gibney.com/alerts/april-2024-immigration-visa-bulletin-released/) - The Department of State released the April 2024 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. Most employment-based categories will advance in April but limited advancement is projected for the coming months.
- [March 2024 Immigration Visa Bulletin Released](https://www.gibney.com/alerts/march-2024-immigration-visa-bulletin-released/) - The Department of State released the March 2024 Visa Bulletin. In March, USCIS will accept employment-based Adjustment of Status applications based on the more modest Final Action Dates chart for the first time this fiscal year. Many of the March Visa Bulletin Final Action Dates are more favorable than the February Visa Bulletin Final Action Dates, but they are not as favorable as the February Dates for Filing chart currently in effect.
- [Plan Now for FY 2025 H-1B Cap Registration](https://www.gibney.com/alerts/plan-now-for-fy-2025-h-1b-cap-registration/) - U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2025 H-1B cap from March 6, 2024 to March 22, 2024.
- [FY 2025 H-1B Cap Season Launched with Important Changes](https://www.gibney.com/alerts/fy-2025-h-1b-cap-season-launched-with-important-changes/) - USCIS announced that the initial electronic registration period for the fiscal year (FY 2025) H-1B cap season will open at noon Eastern on March 6, 2024 and will run through noon Eastern on March 22, 2024.
- [February 2024 Immigration Visa Bulletin Released](https://www.gibney.com/alerts/february-2024-immigration-visa-bulletin-released/) - The Department of State released the February 2024 Visa Bulletin. All Employment-Based Categories will hold steady for February under Dates for Filing with minor advancement for EB-2 and EB-3 Worldwide, EB-3 India and EB-5 China under Final Action Dates
- [New York Governor Vetoes Proposed Noncompete Ban](https://www.gibney.com/alerts/new-york-governor-vetoes-proposed-noncompete-ban/) - On December 22, 2023, New York Governor Kathy Hochul vetoed S3100, a bill which would have prohibited virtually all contractual noncompete agreements restricting workers’ ability to leave their job for a role with a rival business. The bill, passed by both houses of the legislature in June, would have applied to all employers and most individuals, regardless of compensation levels.
- [New York State Minimum Wage Increase Takes Effect January 1, 2024](https://www.gibney.com/alerts/new-york-state-minimum-wage-increase-takes-effect-january-1-2024/) - This is a reminder that the New York State Minimum Wage Increase has gone into effect. Governor Hochul signed Senate Bill S4006C into law on May 3, 2023, increasing New York’s minimum wage in annual increments beginning January 1, 2024.
- [U.S. Department of Labor to Consider Adding STEM Jobs to Streamlined Green Card Petitions](https://www.gibney.com/alerts/u-s-department-of-labor-to-consider-adding-stem-jobs-to-streamlined-green-card-petitions/) - The U.S. Department of Labor (DOL) will solicit public input on expanding its list of Schedule A occupations eligible for streamlined immigration processing to include designated jobs in Science, Technology, Engineering, and Mathematics (STEM) fields.
- [Stateside H-1B Visa Renewal Moves Closer to Implementation](https://www.gibney.com/alerts/stateside-h-1b-visa-renewal-moves-closer-to-implementation/) - The Office of Information and Regulatory Affairs (OIRA) cleared a rule that will allow limited stateside H-1B visa renewal. As previously reported, the proposed pilot program will allow 20,000 eligible participants, including Indian citizens and nationals of countries that do not require a visa reciprocity fee, to renew their H-1B visas without leaving the United States. The OIRA’s clearance of the rule on December 15, 2023 overcame the last regulatory obstacle before official publication.
- [Stateside Visa Renewal to Begin January 29, 2024](https://www.gibney.com/alerts/stateside-visa-renewal-to-begin-january-29-2024/) - As anticipated, on December 21, 2023, the Department of State (DOS) published the Federal Register notice announcing its stateside visa renewal pilot program for H-1B visa holders. The notice outlines the program requirements and application process. The pilot program is very limited in scope, and will run from January 29, 2024 to April 1, 2024.
- [Stephen Maltby and David Johnson Co-author Article on Doing Business in the U.S.](https://www.gibney.com/firm_news/stephen-maltby-and-david-johnson-co-author-article-on-doing-business-in-the-u-s/) - Stephen Maltby and David Johnson co-authored an article in the Trade and Investment Guide to the US for BrtishAmerican Business. The publication was launched at the BABC Conference in Birmingham, United Kingdom on June 6. The article addressed key immigration issues for foreign businesses looking to establish or grow their presence in the United States.
- [New York State and New York City Sexual Harassment Laws to Take Effect](https://www.gibney.com/alerts/new-york-state-and-new-york-city-sexual-harassment-laws-to-take-effect/) - The Stop Sexual Harassment in NYC Act is set to take effect on September 6, 2018. The New York State Sexual Harassment Prevention Law will take effect on October 9. New York State and New York City have published guidance on these new laws. Now is a good time for employers to review their policies to ensure they are compliant with their new obligations.
- [November 2023 Visa Bulletin Released](https://www.gibney.com/alerts/november-2023-visa-bulletin-released/) - The Department of State released the November 2023 Visa Bulletin. All employment-based categories will hold steady in November under Final Action Dates and Dates for Filing with the exception of a small advancement for EB-2 Final Action Dates.
- [U.S. Moves Closer to Resuming Stateside Visa Renewal](https://www.gibney.com/alerts/u-s-moves-closer-to-resuming-stateside-visa-renewal/) - The U.S. Department of State is expected to launch a pilot program to resume stateside H-1B visa renewal early in 2024. On October 17, 2023, the State Department sent the proposed Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens to the Office of Information and Regulatory Affairs for final review. Once published, eligibility criteria for participation in the pilot program will be specified.
- [White House Issues Proclamation Reopening U.S. to International Travel](https://www.gibney.com/alerts/white-house-issues-proclamation-reopening-u-s-to-international-travel/) - By Presidential Proclamation, the U.S. will reopen international air travel from previously restricted countries on November 8, 2021 at 12:01 am eastern standard time. As previously reported, the country-specific COVID-related travel bans that were implemented in response to the pandemic will be lifted, and will be replaced with a global vaccination requirement. The Proclamation will remain in effect until terminated by the President.
- [2017 Diversity Visa Lottery](https://www.gibney.com/alerts/immigration-alert-2017-diversity-visa-lottery/) - The Diversity Immigrant Visa Program, which is administered by the U.S. Department of State, permits up to 50,000 diversity immigrant visas to be granted for fiscal year 2017 to persons from countries with low immigration rates to the United States. Foreign nationals are selected for eligibility to file an application for permanent residence under this program on the basis of a lottery.
- [DHS Proposes to Amend H-1B Program](https://www.gibney.com/alerts/dhs-proposes-to-amend-h-1b-program/) - On October 23, 2023, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking (NPRM) to amend its H-1B regulations. The proposal also includes provisions that would change the H-1B cap registration and selection process.
- [Modified SHOP SAFE Act Introduced to Combat Anticounterfeiting](https://www.gibney.com/alerts/modified-shop-safe-act-introduced-to-combat-anticounterfeiting/) - On September 28, 2023, Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.) introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce (SHOP SAFE) Act. This bill is being introduced in modified form for the third time—it was introduced first in 2020, and again in 2021.
- [USCIS Employment Authorization Document Validity Period Updates](https://www.gibney.com/alerts/employment-authorization-document-validity-updates/) - USCIS issued updated guidance increasing the validity period of Employment Authorization Documents (EADs) issued to certain categories of applicants. USCIS will increase the initial validity period from a maximum of two (2) years to a maximum of up to five (5) years for the following applicants.
- [Diversity Visa Lottery Now Open for FY 2025](https://www.gibney.com/alerts/diversity-visa-lottery-now-open-for-fy-2025/) - The Diversity Immigrant Visa Program (“DV Program” or “DV-2025 Program”) is a government lottery program that provides up to 55,000 immigrant visas (aka green cards) to persons from countries with low U.S. immigration rates. The online registration period for the DV-2025 Program is open from 12:00 pm (ET) on October 4, 2023, to 12:00 pm (ET) on November 7, 2023. The entry form will only be available for submission during this time.
- [Immigration Impact of a Government Shutdown](https://www.gibney.com/alerts/immigration-impact-of-a-government-shutdown/) - If Congress does not reach a budget agreement by September 30, 2023, the federal government will shut down October 1. Below is a brief overview of the potential immigration impact based on how government agencies operated during prior shut downs.
- [September 2023 Visa Bulletin Released: What Employers Can Expect](https://www.gibney.com/alerts/september-2023-visa-bulletin-released-what-employers-can-expect/) - The Department of State released the September 2023 Visa Bulletin. Most Employment-Based Categories will hold steady with the exception of EB-2 Worldwide and EB-3 China. Number use by USCIS and the Department of State has been steady during the fiscal year. As a result, most employment-based preference category limits and/or the overall employment-based preference limit for FY 2023 are expected to be reached during September.
- [USCIS Completes Second FY 2024 H-1B Cap Lottery](https://www.gibney.com/alerts/uscis-completes-second-fy-2024-h-1b-cap-lottery/) - USCIS completed the second H-1B cap lottery for fiscal year (FY) 2024 H-1B cap on July 31, 2023. All employers with selected registrations have been notified. Employers with selected registrations from the second lottery may file an H-1B petition for the beneficiary of a selected registration during the 90-day period running from August 2, 2023 to October 31, 2023.
- [I-9 News: New Form Version and Live Video I-9 Inspection for E-Verify Employers](https://www.gibney.com/alerts/i-9-news-new-form-version-and-live-video-i-9-inspection-for-e-verify-employers/) - U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I-9, Employment Eligibility Verification. Employers must use Form I‑9 to verify the identity and employment authorization of their employees. Beginning August 1st, DHS is also providing an alternative for E-Verify registered employers to examine Form I-9 documents via live video interaction, instead of the current requirement to examine documents in-person.
- [August 2023 Visa Bulletin Released with Significant Retrogression](https://www.gibney.com/alerts/august-2023-visa-bulletin-released-with-significant-retrogression/) - The August 2023 Visa Bulletin has been released. Sustained demand for too few immigrant visas continues to have an adverse impact on foreign nationals and their U.S. employers. Retrogression is unlikely to improve for the remainder of the fiscal year as the limited annual supply of immigrant visa dwindles. Due to continued use and high demand, the Department of State established a cut-off date for EB-1 Worldwide. While further adjustments may be made in September, the State Department predicts that EB-1 Worldwide will return to “Current” with the start of the new fiscal year in October.
- [USCIS to Conduct Second FY 2024 H-1B Cap Lottery](https://www.gibney.com/alerts/uscis-to-conduct-second-fy-2024-h-1b-cap-lottery/) - On July 27, USCIS announced that it will conduct a second lottery for the fiscal year (FY) 2024 H-1B cap. USCIS has not yet indicated when the second lottery will occur. USCIS previously concluded its initial FY 2024 H-1B cap lottery in March 2023, and selected employers had a 90-day window during which to file H-1B cap petitions for selected beneficiaries. The second lottery is being conducted because the number of H-1B petitions ultimately submitted during the initial H-1B filing period (April 1, 2023 to June 30, 2023) were not sufficient to meet the annual H-1B cap. H-1B cap registrations that were not selected in the initial lottery remained in a reserve and the second lottery will be conducted from this reserve. USCIS has not yet announced how many additional registrations will be selected from the reserve.
- [Immigration 2020: UK/US Transatlantic Trends and Developments](https://www.gibney.com/events/immigration-2020-uk-us-transatlantic-trends-and-developments/) - Gibney is partnering with British American Business to host the program "Immigration 2020: UK/US Transatlantic Trends and Developments" on January 22, 2020. Speakers will include Violeta Petrova, Senior Counsel, Immigration Group, Gibney and Ben Sheldrick, Managing Partner and Head of Business Immigration at Magrath Sheldrick LLP. The event will be moderated by Stephen Maltby, Chair of Immigration at Gibney.
- [USCIS to Implement Public Charge Rule as of February 24, 2020](https://www.gibney.com/alerts/uscis-to-implement-public-charge-rule-as-of-february-24-2020/) - Today USCIS announced that, except for in the state of Illinois, it will implement its public charge rule as of Monday, February 24, 2020. USCIS is expected to publish updated forms, instructions and guidance on its website during the week of February 3, 2020.
- [Violeta Petrova to Speak at Labour Mobility Update](https://www.gibney.com/events/violeta-petrova-to-speak-at-labour-mobility-update/) - Violeta Petrova will speak at Labour Mobility Update – A New Immigration Framework on March 2, 2020. Hosted by BritishAmerican Business, the event will take place at Buzzacott in London. This program will explore the question: What does the new immigration framework need to look like in order for the UK economy to flourish in a post-Brexit environment? Violeta Petrova is a Senior Counsel in Gibney’s Immigration Group.
- [Year-End IP Legislation](https://www.gibney.com/alerts/year-end-ip-legislation/) - Shortly before midnight on December 21, 2020, Congress passed a 1.4 trillion omnibus spending package in order to avoid a federal government shut down. Included in the 5,593 page legislation were significant alterations to the intellectual property landscape.
- [Plan Ahead for Holiday Travel: 2021 Checklist for Foreign Nationals and Employers](https://www.gibney.com/alerts/plan-ahead-for-holiday-travel-2021-checklist-for-foreign-nationals-and-employers/) - As the holiday season approaches, international travelers should expect busy consulates and U.S. Ports of Entry. Due to COVID-19, consulates are not fully operational and are still experiencing delays in appointment availability and visa processing. Additionally, consular appointments are subject to cancellation with little notice. We encourage all travelers to plan ahead to minimize delays when traveling abroad and entering the U.S. Our holiday travel checklist is designed to help foreign national employees and employers schedule required appointments and gather documentation in advance.
- [DHS Expands STEM OPT Fields for International Students](https://www.gibney.com/alerts/dhs-expands-stem-opt-fields-for-international-students/) - On July 12, 2023, the U.S. Department of Homeland Security (DHS) added eight fields of study to the Designated Degree Program List qualifying F-1 students to secure a STEM OPT (science, technology, engineering, mathematics Optional Practical Training) extension of employment authorization. The change provides more international students with the opportunity to gain additional practical experience by temporarily working in the U.S. These updates are part of the Biden Administration's ongoing efforts to provide additional pathways for STEM students and researchers to continue ongoing research efforts in the U.S. In its 2016 STEM OPT Final Rule, DHS indicated it would continue to make ongoing updates to this list, in keeping with changes to STEM fields, academic programs and/or technological trends.
- [The CARES Act: Loan Program Options for Small Businesses to Consider](https://www.gibney.com/alerts/the-cares-act-loan-program-options-for-small-businesses-to-consider/) - On March 27, Congress passed the Coronavirus Aid, Relief and Economic Security (CARES) Act to alleviate the economic impact of COVID-19 on both individuals and businesses. The legislation provides economic assistance to small businesses through several Small Business Administration (SBA) program options.
- [Brian Brokate to Speak at PLI on Anticounterfeiting](https://www.gibney.com/events/brian-brokate-to-speak-at-pli-on-anticounterfeiting/) - Brian Brokate will speak at PLI’s upcoming program Intellectual Property Law: Trademark and Copyright Review 2020 on September 15. His session is titled “Developments in Anti-counterfeiting.” Brian Brokate and Associate Maja Szumarska also co-authored a chapter on this topic for the program handbook.
- [Ellen Poreda, Stephen Maltby and Jake Paul Minster Author Chapter on US Immigration Outlook](https://www.gibney.com/firm_news/ellen-poreda-stephen-maltby-and-jake-paul-minster-author-chapter-on-us-immigration-outlook/) - Immigration attorneys Ellen Poreda, Stephen Maltby and Jake Paul Minster authored a chapter on US Immigration in The Corporate Immigration Review. The chapter provides an overview of US immigration legislation and policy, recent legislative developments, employer sponsorship options, the impact of COVID-19 and an outlook on immigration trends. Now in its 10th edition, the purpose
- [USCIS and State Department Take Action to Improve Access to Immigration Benefits](https://www.gibney.com/alerts/uscis-and-state-department-take-action-to-improve-access-to-immigration-benefits/) - Early in its tenure, the Biden Administration issued an executive order directing the State Department and the Department of Homeland Security (DHS) to identify barriers that impede access to immigration benefits and the fair and efficient adjudications of these benefits. This week the agencies have taken important steps in furtherance of this directive.
- [July 2023 Visa Bulletin: Immigration Considerations for Employers](https://www.gibney.com/alerts/july-2023-visa-bulletin-immigration-considerations-for-employers/) - The Department of State released the July 2023 Visa Bulletin. Most Employment-Based Categories will hold steady with the exception of EB-3 Worldwide, EB-3 India, and Other Workers India. As predicted in the May 2023 Visa Bulletin, due to higher than expected demand, the State Department has implemented a further cutoff date for EB-3 Worldwide to keep immigrant visa number allocation within the FY 2023 annual limit.
- [INFORM ACT Takes Effect June 27: What Businesses Need to Know](https://www.gibney.com/alerts/inform-act-takes-effect-june-27-what-businesses-need-to-know/) - The Federal Trade Commission (FTC) announced the INFORM Act will take effect on June 27. Businesses with an online presence should understand what the new law means and how to prepare to avoid penalties. See Gibney’s prior update for more details on the Act requirements.
- [June 2023 Visa Bulletin Released](https://www.gibney.com/alerts/june-2023-visa-bulletin-released/) - The Department of State released the June 2023 Visa Bulletin. Most employment-based categories will hold steady with the exception of EB-5 India and China Other Workers.
- [U.S.  Ends COVID-19 Vaccine Requirements for International Travelers](https://www.gibney.com/alerts/u-s-ends-covid-19-vaccine-requirements-for-international-travelers/) - The Biden Administration ended the COVID-19 vaccine requirement for international air travelers on May 11, 2023, the same day that the COVID-19 public health emergency ended. Effective May 12, noncitizen nonimmigrant air passengers will no longer be required to show proof of being fully vaccinated with an accepted COVID-19 vaccine to board a flight to the United States.
- [Amazon Launches Anti-Counterfeiting Exchange to Combat Online Counterfeits in the Retail Industry](https://www.gibney.com/alerts/amazon-launches-anti-counterfeiting-exchange-to-combat-online-counterfeits-in-the-retail-industry/) - On April 20, 2023 Amazon launched the Anti-Counterfeiting Exchange (ACX) to combat the sale of counterfeit goods on its platform and make it safer for consumers to shop online. The program will allow participating stores and marketplace sellers to share information about confirmed counterfeiters who attempt to sell counterfeit products.
- [Angelo Mazza Participates in IACC US Law Enforcement Training - Port of San Francisco](https://www.gibney.com/events/angelo-mazza-participates-in-iacc-us-law-enforcement-training-port-of-san-francisco/) - IP Partner Angelo Mazza participated in the the IACC IP training in San Francisco, providing information on new products or changes to packaging in order to assist U.S. Customs and Border Protection (CBP) and it’s intellectual property protection efforts.
- [Survi Parvatiyar Speaks at AILA on Complex Immigration IV Issues](https://www.gibney.com/events/survi-parvatiyar-speaks-at-aila-on-complex-immigration-iv-issues/) - Immigration Senior Counsel Survi Parvitiyar spoke at AILA NYC's Corporate/Employment Committee CLE Program on May 1, 2023. The CLE covered Complex Issues with Labor Certifications, EB-1 Extraordinary Ability petitions, and EB-2 National Interest Waiver cases.
- [State Department to Resume Domestic Visa Renewal Program](https://www.gibney.com/alerts/state-department-to-resume-domestic-visa-renewal-program/) - Bloomberg Law has reported that the U.S. Department of State intends to implement a pilot program this year that will allow certain nonimmigrants to renew their visas in the U.S., obviating the need to travel internationally to renew the visa at a U.S. consulate abroad.
- [Premium Processing Available for Certain F-1 EAD Applications](https://www.gibney.com/alerts/premium-processing-available-for-certain-f-1-ead-applications/) - As previously forecasted, USCIS has now expanded premium processing service to I-765, Applications for Employment Authorization, filed by certain F-1 students seeing work authorization in connection with Optional Practical Training (OPT). Effective March 6, USCIS will accept Form I-907, Request for Premium Processing, filed by F-1 students who currently have an I-765, Application for Employment Authorization pending with USCIS, provided the I-765 was filed in one of the following categories:
- [U.S. Ends COVID Testing Requirement for Air Travelers from China](https://www.gibney.com/alerts/u-s-ends-covid-testing-requirement-for-air-travelers-from-china/) - On March 10, 2023, the U.S. Centers for Disease Control (CDC) rescinded its December 2022 order imposing a COVID testing requirement on air travelers to the U.S. from the People’s Republic of China (PRC), and the Special Administrative Regions of Hong Kong and Macau.
- [USCIS Completes Initial FY 2024 H-1B Cap Selection Process](https://www.gibney.com/alerts/uscis-completes-initial-fy-2024-h-1b-cap-selection-process/) - Today USCIS announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2024 H-1B cap. A random selection (lottery) was conducted from the registrations properly submitted from March 1, 2023 through March 20, 2023. H-1B petitions may be filed for selected registrations starting April 1, 2023.
- [April 2023 Visa Bulletin Developments](https://www.gibney.com/alerts/april-2023-visa-bulletin-developments/) - The Department of State released the April 2023 Visa Bulletin. There are a few notable developments for employment-based applicants. As noted in the March Visa Bulletin, due to increased demand, EB-2 final action dates will retrogress for all countries except China to keep immigrant visa number use within the FY 2023 statutory quota. With increased demand and fewer immigrant visas available, further cut-off dates may be implemented for EB-2 and EB-3.
- [USCIS May 2023 Visa Bulletin Released: Notable Developments for Employers](https://www.gibney.com/alerts/uscis-may-2023-visa-bulletin-released-notable-developments-for-employers/) - The Department of State released the May 2023 Visa Bulletin. There are a few notable developments for employment-based applicants, including further retrogression and expected retrogression for several categories. Due to increased demand, the State Department has established an EB-3 Professional/Skilled Workers Worldwide Final Action cutoff date and has further retrogressed the EB-2 Worldwide category.
- [Angelo Mazza and Maja Szumarska Spoke at IACC on Customs Enforcement, New Technologies and Brand Protection](https://www.gibney.com/events/angelo-mazza-and-maja-szumarska-speak-at-iacc/) - Gibney IP attorneys Angelo Mazza and Maja Szumarska spoke at the International Anticounterfeiting Coalition (IACC) Annual Conference in Nashville on “New Trends in Customs Enforcement" and “New Technologies and Impact on IP and Brand Protection – Metaverse, NFTs, and Virtual Goods”.
- [IP Partner Angelo Mazza Speaks on New Trends in Customs Enforcement at IACC](https://www.gibney.com/events/ip-partner-angelo-mazza-to-speak-on-new-trends-in-customs-enforcement-at-iacc/) - IP Partner Angelo Mazza was panelist at the International Anticounterfeiting Coalition (IACC) Conference in Nashville. His panel was titled “New Trends in Customs Enforcement”. The panel will focus on the changes under the U.S. Custom and Border Protection’s 21st Century Customs Framework.
- [USCIS Ends Pandemic-Related Flexible Deadlines](https://www.gibney.com/alerts/uscis-ends-pandemic-related-flexible-deadlines/) - On March 23, 2023, U.S. Citizenship and Immigration Services (USCIS) terminated its COVID-19-related policy extending deadlines to respond to USCIS notices.
- [FY 2024 H-1B Cap Registration Dates Announced](https://www.gibney.com/alerts/fy-2024-h-1b-cap-registration-dates-announced/) - USCIS announced that the initial electronic registration period for the fiscal year (FY) 2024 H-1B cap season will run from noon Eastern on March 1 through noon Eastern on March 17, 2023.
- [USCIS Extends COVID Flexibilities, Likely for Last Time](https://www.gibney.com/alerts/uscis-extends-covid-flexibilities-likely-for-last-time/) - U.S. Citizenship and Immigration Services (USCIS) again extended certain COVID-19-related flexibilities, this time through March 23, 2023. However, USCIS anticipates that this will be the final extension for these accommodations.
- [Lawsuit Settlement Results in USCIS Policy Benefiting  H-4 and L-2 Spouses and Children](https://www.gibney.com/alerts/lawsuit-settlement-results-in-uscis-policy-benefiting-h-4-and-l-2-spouses-and-children/) - Effective January 25, 2023, USCIS resumed concurrent processing of I-539 applications to extend/change nonimmigrant status and I-765 applications for employment authorization filed by H-4 and L-2 spouses and minor children when the applications are filed with the principal H or L visa holder’s I-129 petition for nonimmigrant worker.
- [Immigration Article on H-1B Cap Alternatives for Healthcare/Biotechnology Featured on JD Supra Popular Reads List](https://www.gibney.com/firm_news/immigration-article-on-h-1b-cap-alternatives-for-healthcare-biotechnology-featured-on-jd-supra-popular-reads-list/) - Gibney's recent immigration article was listed on JD Supra's Popular Reads List. The list ranks the most widely read articles on JD Supra in December 2022. The featured article H-1B Cap Alternatives: Visa Options for the Healthcare Industry and Biotechnology Companies was authored by Immigration attorney Survi Parvitiyar. The JD Supra Popular Reads List provides
- [USCIS Continues to Expand Premium Processing Service Offerings](https://www.gibney.com/alerts/uscis-continues-to-expand-premium-processing-service-offerings/) - U.S. Citizenship and Immigration Services (USCIS) further expanded premium processing for Form I-140, Immigrant Petitions for Alien Workers, marking the final phase of implementing premium processing for employment-based immigrant petitions. Effective January 30, 2023, premium processing will be available for I-140 petitions filed on behalf of multinational executives and managers (EB-1(3) classification) and persons seeking a National Interest Waiver (EB-2(1) NIW) classification.
- [Update: INFORM Act to Protect Against Online Counterfeiters: What the New Law Means for Brand Owners and Consumers](https://www.gibney.com/alerts/update-inform-act-to-protect-against-online-counterfeiters-what-the-new-law-means-for-brand-owners-and-consumers/) - The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Act) was signed into law by President Biden on December 29, 2022. A positive step in the fight against online counterfeiting, the Act supports consumers and brand owners by increasing the accountability of online marketplaces. It will also create greater transparency by requiring online marketplaces to disclose key information about their third-party sellers.
- [Plan Now For H-1B Cap Registration](https://www.gibney.com/alerts/plan-now-for-fy-2024-h-1b-cap-registration/) - U. S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2024 H-1B cap in March 2023. Employers should start planning for cap registration now by identifying foreign nationals that they intend to register for the H-1B cap lottery.
- [Form I-9 Flexibilities to Continue Through July 31, 2023: A Review for Employers](https://www.gibney.com/alerts/form-i-9-flexibilities-to-continue-through-july-31-2023-a-review-for-employers/) - The U.S. Department of Homeland Security (DHS) has extended a policy providing employers with flexibility in meeting certain Form I-9 Employment Verification requirements through July 31, 2023. The policy relaxes the requirement to review Form I-9 identity and employment verification documents for remote workers “in-person”.
- [Form I-9 Flexibilities to Continue Through July 31, 2023: A Review for Employers](https://www.gibney.com/alerts/form-i-9-flexibilities-to-continue-through-july-31-2023-a-review-for-employers-2/) - The U.S. Department of Homeland Security (DHS) has extended a policy providing employers with flexibility in meeting certain Form I-9 Employment Verification requirements through July 31, 2023. The policy relaxes the requirement to review Form I-9 identity and employment verification documents for remote workers “in-person”.
- [David Johnson to Speak at Visa & Immigration to the US and Norway](https://www.gibney.com/events/david-johnson-to-speak-at-visa-immigration-to-the-us-and-norway/) - David Johnson will participate in the event "Visa & Immigration to the US and Norway" for the Norwegian American Chamber of Commerce (NACC). He will discuss U.S. work visas and updates to immigration policies from the Biden Administration.
- [State Department Extends Validity of National Interest Exceptions](https://www.gibney.com/alerts/state-department-extends-validity-of-national-interest-exceptions/) - The U.S. Department of State has extended the validity of National Interest Exceptions (NIEs) for travelers from China, Iran, India, Brazil, South Africa, the Schengen Area, Ireland and the United Kingdom whose admission to the U.S. is restricted by COVID-related regional travel bans.
- [Brian Brokate and Maja Szumarska to Speak at PLI's Intellectual Property Rights Enforcement 2023](https://www.gibney.com/events/brian-brokate-and-maja-szumarska-to-speak-at-plis-intellectual-property-rights-enforcement-2023/) - Intellectual Property Partners Brian Brokate and Maja Szumarska will speak at the Practising Law Institute’s Intellectual Property Rights Enforcement 2023 on January 13, 2023. The program provides developments on recent copyright and trademark cases and anticounterfeiting trends.
- [Reminder: USCIS COVID-19 Flexibilities Continue Through January 24, 2023](https://www.gibney.com/alerts/reminder-uscis-covid-19-flexibilities-continue-through-january-24-2023/) - U.S. Citizenship and Immigration Services (USCIS) continues to extend certain COVID-19-related flexibilities through Jan. 24, 2023. Under this policy, petitioners and applicants have 60 additional calendar days after the due date to respond to USCIS requests and notices issued between March 1, 2020 and Jan. 24, 2023.
- [January 2023 Visa Bulletin Brings Retrogression in the New Year](https://www.gibney.com/alerts/january-2023-visa-bulletin-brings-retrogression-in-the-new-year/) - The Department of State released the January 2023 Visa Bulletin. As forecasted in our Fiscal Year 2023 visa availability analysis, we are now seeing the retrogression for Indian and Chinese nationals in the EB-1 category. To date, there has not been further retrogression for Chinese and Indian nationals in the EB-2 and EB-3 categories, as the Dates for Filing and Final Action Dates remain the same. However, the Department of State will continue to monitor the demand for visas in these categories, and make adjustments accordingly in the months ahead.
- [H-1B Cap Alternatives: Visa Options for the Healthcare Industry and Biotechnology Companies](https://www.gibney.com/alerts/h-1b-cap-alternatives-visa-options-for-the-healthcare-industry-and-biotechnology-companies/) - As has been the case for numerous years running, this year’s H-1B cap has been filled, and new H-1B cap visas won’t be available until the start of the next fiscal year, October 1, 2023. Employers who do not have the option of employing international talent in L-1 visa status or in E-1/ E-2 visa status are left wondering – are we really out of options until October 1, 2023? The good news is, employers in the healthcare industry and biotechnology industry have several alternatives to H-1B Cap visas. Here are key visa sponsorship options to consider.
- [December 2022 Visa Bulletin and Immigrant Visa Availability Developments](https://www.gibney.com/alerts/december-2022-visa-bulletin-and-immigrant-visa-availability-developments/) - The Department of State released the December 2022 Visa Bulletin. There are a few notable developments for employment-based applicants. As reviewed in our Fiscal Year 2023 visa availability analysis, we are starting to see the impact of fewer immigrant visas being available fiscal year 2023.
- [New York City Salary Range Transparency Law Takes Effect November 1](https://www.gibney.com/alerts/new-york-city-salary-range-transparency-law-takes-effect-november-1/) - This is a reminder that the New York City Salary Range Transparency Law, originally scheduled to go into effect on May 15, 2022, will become effective on November 1, 2022. By way of background, the new law amends the New York City Human Rights Law to require covered employers (those with 4 or more employees) who post a job, promotion, or transfer opportunity for a position that can or will be performed, at least in part, in New York City to disclose the minimum and maximum annual salary or hourly wage that the employer in good faith believes it would pay for the position.
- [Diversity Visa Lottery for FY 2024 Now Open](https://www.gibney.com/alerts/diversity-visa-lottery-for-fy-2024-now-open/) - The Fiscal Year (FY) 2024 Diversity Immigrant Visa Program (“DV Program” or “DV-2024 Program”) provides up to 55,000 immigrant visas (aka permanent residence or green cards) for issuance in FY 2024 to persons from countries with low immigration rates to the U.S. Foreign nationals are selected for eligibility to apply for U.S. Lawful Permanent Resident (“LPR”) status under this program on the basis of a lottery. The DV Program is administered by the U.S. Department of State, and there is no cost to register.
- [H-1B Cap Petitions Effective October 1, 2022](https://www.gibney.com/alerts/h-1b-cap-petitions-effective-october-1-2022/) - Fiscal year 2023 H-1B cap petitions filed as “change of status” and approved by USCIS automatically took effect on October 1, 2022 if the beneficiary: was physically present in the U.S. for the entire period from the date the petition was received through the date the application was approved; and, was physically present in the U.S. on October 1, 2022 for the change of status to take effect.
- [USCIS Offers Premium Processing for More Permanent Resident Petitions](https://www.gibney.com/alerts/uscis-offers-premium-processing-for-more-permanent-resident-petitions/) - U.S. Citizenship and Immigration Services (USCIS) has further expanded premium processing eligibility to include more Form I-140, Immigrant Petitions for Alien Workers, under the EB-1 and EB-2 classifications, consistent with its initiative to expand premium processing service for certain long-pending, employment-based permanent resident petitions.
- [Brian Brokate to Speak on NFTs, Blockchain and Trademark Considerations](https://www.gibney.com/events/brian-brokate-to-speak-on-nfts-blockchain-and-trademark-considerations/) - Intellectual Property Chair Brian Brokate will speak at the Practising Law Institute’s Intellectual Property Law Institute 2022 on September 15-16, 2022. The program provides developments on trends in patents, copyrights, trademarks, and trade secrets.
- [FY 2023 H-1B Cap Reached](https://www.gibney.com/alerts/fy-2023-h-1b-cap-reached/) - United States Citizenship and Immigration Services (USCIS) confirmed that the Fiscal Year (FY) 2023 H-1B Cap has been reached. This year, there will be no additional lotteries. USCIS will continue to accept and process H-1B petitions that are not subject to the cap. These include filings for extensions of status, amended petitions, changes of employer, concurrent employment for existing H-1B workers, and petitions filed by organizations that are cap-exempt.
- [How to Immigrate to the United States through a Franchise Investment](https://www.gibney.com/events/gibney-and-visa-franchise-webinar-on-visa-options-for-franchise-investors-in-the-us/) - Gibney and Visa Franchise are hosting the webinar “How to Immigrate to the United States through a Franchise Investment” on January 24, 2017. David Johnson, Senior Counsel in Gibney's Immigration Practice, will address visa options for investors in the United States including E-2, L-1 and EB-5 visas.
- [Brian Brokate to Speak on Digital Fashion and Brand Protection](https://www.gibney.com/events/brian-brokate-to-speak-on-digital-fashion-and-brand-protection/) - Brian Brokate, Chair of Gibney’s Intellectual Property Group, will be a panelist at the Strafford webinar “Digital Fashion and Brand Protection: Leveraging Copyright, Trademark, and Trade Dress; NFTs; Ownership Challenges” on Tuesday, June 21, 2022 from 1:30 – 2:30 pm EDT.
- [USCIS Expands Premium Processing Services](https://www.gibney.com/alerts/uscis-expands-premium-processing-services/) - U.S. Citizenship and Immigration Services (USCIS) has started to offer premium processing service for certain long-pending, employment-based permanent resident petitions. Consistent with its previous announcement, USCIS is taking an incremental approach to expanding premium processing service.
- [USCIS Extends EAD Auto-Extension Period](https://www.gibney.com/alerts/uscis-extends-ead-auto-extension-period/) - USCIS has implemented a temporary final rule to automatically extend the validity of certain expired or expiring Employment Authorization Documents (EADs) for up to 540 days. Previously USCIS permitted a 180-day auto-extension for certain EAD renewals.
- [New York Salary Transparency Law Amended and Delayed Until November 2022](https://www.gibney.com/alerts/new-york-salary-transparency-law-amended-and-delayed-until-november-2022/) - On April 28, 2022, the New York City Council amended the New York City Salary Range Transparency Act. As a result of the amendment, the effective date will be moved from May 15, 2022 to November 1, 2022. The amendment is expected to be signed into law by Mayor Adams.
- [New Electronic Monitoring Requirements for New York Employers Starting May 7](https://www.gibney.com/alerts/new-electronic-monitoring-requirements-for-new-york-employers-starting-may-7/) - Effective May 7, 2022, employers in New York State will need to provide written notice to new hires where the employer “monitors or otherwise intercepts [employee] telephone conversations or transmissions, electronic mail or transmissions, or internet” using “any electronic device or system.” The new state law applies to any private individual or entity with a place of business in the State of New York.
- [USCIS to Expand Premium Processing Offerings](https://www.gibney.com/alerts/uscis-to-expand-premium-processing-offerings/) - The Department of Homeland Security has published a final rule to expand premium processing service to expand premium processing service for certain immigration benefit requests. The rule takes effect May 31, 2022.
- [FY 2023 H-1B Initial Selection Process Completed](https://www.gibney.com/alerts/fy-2023-h-1b-initial-selection-process-completed/) - Today USCIS announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2023 H-1B cap. A random selection (lottery) was conducted from the registrations properly submitted from March 1, 2022 through March 18, 2022 . H-1B petitions may be filed for selected registrations starting April 1,
- [USCIS Expands Acceptable Evidence For EB-1 Extraordinary Ability and Outstanding Researcher/Professor Petitions](https://www.gibney.com/alerts/uscis-expands-acceptable-evidence-for-eb-1-extraordinary-ability-and-outstanding-researcher-professor-petitions/) - U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to expand acceptable evidence under the published material criteria for EB-1 Extraordinary Ability and Outstanding Researcher/Professor petitions, as well as acceptable evidence to meet the "leading or critical role" performed for a "distinguished" institution criteria as applied to EB-1 Extraordinary Ability petitions.
- [USCIS Updates  E and L Spousal Employment Authorization Guidelines](https://www.gibney.com/alerts/uscis-updates-e-and-l-spousal-employment-authorization-guidelines/) - On March 18, 2022, USCIS went one step further to provide relief for E and L spouses who were issued a Form I-94 by USCIS prior to the January 30, 2022 implementation of the new classification codes. Starting April 1, 2022, USCIS will begin mailing notices to E and L spouses who were issued a Form I-94 by USCIS without an “S” annotated I-94.
- [New Federal Law Ends Forced Arbitration of Sexual Assault and Sexual Harassment Claims: What Employers Should Know ](https://www.gibney.com/alerts/new-federal-law-ends-forced-arbitration-of-sexual-assault-and-sexual-harassment-claims-what-employers-should-know/) - On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). Significantly, the Act amends the Federal Arbitration Act (FAA). The Act invalidates all predispute arbitration agreements and class or claim waivers to the extent they are sought to be applied to any claim of sexual assault or sexual harassment, and provides that victims of sexual assault and/or harassment in the workplace, are given the option of bringing their claims in court
- [E and L Spousal Employment Authorization Update:  CBP Implements Admission Classification System](https://www.gibney.com/alerts/e-and-l-spousal-employment-authorization-update-cbp-implements-admission-classification-system/) - USCIS will consider E and L nonimmigrant dependent spouses to be employment authorized incidental to their status. This means that upon admission and issuance of a valid I-94 document showing E or L-2 spousal status, E and L nonimmigrant spouses will automatically be authorized to work without the need to apply to USCIS for an Employment Authorization Document (EAD).
- [New York City to Require Salary Ranges in Job Postings: How Employers Can Prepare](https://www.gibney.com/alerts/new-york-city-to-require-salary-ranges-in-job-postings-how-employers-can-prepare/) - On January 15, 2022, New York City enacted a first-of-its-kind law requiring employers to include a maximum and minimum salary in all job postings for positions located in New York City. The requirement also applies to internal job postings as well as transfers within a company. The new law will go into effect on May 15, 2022. The law will apply to all employers with more than four employees but excludes temporary hiring firms. This means that virtually all employers with employees in New York City will need to comply.
- [USCIS to Continue Electronic Registration for FY 2023 H-1B Cap Season from March 1 - 18](https://www.gibney.com/alerts/uscis-to-continue-electronic-registration-for-fy-2023-from-march-1-18/) - USCIS formally confirmed that it will continue using its electronic registration process for fiscal year (FY) 2023 H-1B cap season. The registration period will run from March 1 through March 18, 2022.
- [Automated IP Enforcement: Moving Towards Better Results](https://www.gibney.com/alerts/automated-ip-enforcement-moving-towards-better-results/) - Last year in our article “What Will Post Pandemic IP Enforcement Look Like,” we looked at the future of enforcement and what strategies may emerge and take root post-pandemic. As it appears we are moving to an endemic stage, it may be a good time to revisit some key ideas.
- [Biden Administration Announces Expansion of Immigration Policies to Benefit STEM Students, Scholars and Researchers](https://www.gibney.com/alerts/biden-administration-announces-expansion-of-immigration-policies-to-benefit-stem-students-scholars-and-researchers/) - The Biden-Harris Administration announced an expansion of immigration policies to benefit Science, Technology, Engineering, and Mathematics (STEM) degree students and graduates, in a stated effort to strengthen the U.S. economy and competitiveness. The new policies affect the F-1 student, J-1 exchange visitor, and O-1 extraordinary ability nonimmigrant visa categories, as well as the EB-2 National Interest Waiver immigrant visa category.
- [Plan Now for H-1B Cap Registration FY 2023](https://www.gibney.com/alerts/plan-now-for-h-1b-cap-registration-fy-2023/) - USCIS is expected to continue using its electronic registration process for fiscal year (FY) 2023 H-1B cap season. The registration period will run in March 2022 for a minimum of 14 calendar days. Employers should work with counsel now to identify current or prospective employees who may require an H-1B petition to work in the U.S. and to take appropriate steps to ensure timely online registration of identified candidates.
- [Supreme Court Strikes Down OSHA's Covid-19 Vaccination and Testing ETS: What This Means for Employers](https://www.gibney.com/alerts/supreme-court-strikes-down-oshas-covid-19-vaccination-and-testing-ets-what-this-means-for-employers/) - On January 13th, the Supreme Court in National Federation of Independent Business v. Department of Labor, invalidated the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test Emergency Temporary Standard (ETS) for large private employers (employers with 100 or more employees). The January 13 decision throws out the ETS issued by OSHA in November to require large employers to develop, implement, and enforce a COVID-19 vaccination-or-testing policy.
- [Gibney Attorneys Recognized in New York Super Lawyers 2021](https://www.gibney.com/firm_news/gibney-attorneys-recognized-in-new-york-super-lawyers-2021/) - Gibney attorneys were recognized in New York Super Lawyers 2021. Super Lawyers recognizes lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.
- [U.S. to Lift Southern Africa Travel Ban](https://www.gibney.com/alerts/u-s-to-lift-southern-africa-travel-ban/) - The White House indicates that it intends to lift the regional travel ban restricting travel from eight southern African countries effective December 31, 2021 at 12:01 am ET. Individuals traveling into the U.S. by air remain subject to the COVID-19 vaccination requirements under Proclamation 10294, as well as related CDC travel requirements, including updated COVID-19 testing requirements.
- [USCIS Issues EAD Expedite Guidance for Health Care Workers](https://www.gibney.com/alerts/uscis-issues-ead-expedite-guidance-for-health-care-workers/) - Effective immediately, USCIS will consider requests to expedite processing of applications to renew Employment Authorization Documents (EADs) for health care workers. Qualifying health care workers may request expedited issuance of their EAD if they have a pending EAD renewal application filed on Form I-765 and an EAD that expires within 30 days or less, or has already expired.
- [Brian Brokate and Angelo Mazza to Speak at PLI's Intellectual Property Rights Enforcement 2022](https://www.gibney.com/events/brian-brokate-and-angelo-mazza-to-speak-at-plis-intellectual-property-rights-enforcement-2022/) - Brian Brokate and Angelo Mazza will speak at the Practising Law Institute’s Intellectual Property Rights Enforcement 2022 on January 7, 2022. The program will provide developments on recent copyright and trademark cases and anticounterfeiting trends.
- [Biden Administration Imposes Regional Travel Restriction for Southern African Countries](https://www.gibney.com/alerts/biden-administration-imposes-regional-travel-restriction-for-southern-african-countries/) - The Biden Administration issued a Presidential Proclamation restricting travel to the U.S. for noncitizens who have been present in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa and Zimbabwe at any point during the 14 day period prior to arrival in the U.S. The ban took effect 12:01 AM EST on November 29, 2021 and will remain in effect until lifted by the President. This new regional travel restriction for countries in southern Africa stems from the emergence of the Omicron variant of COVID-19.
- [CDC Tightens COVID Testing Requirements for Travelers](https://www.gibney.com/alerts/cdc-tightens-covid-testing-requirements-for-travelers/) - Effective December 6, 2021, all international travelers must take a COVID-19 viral test, regardless of vaccination status or citizenship, no more than 1 day before travel by air into the United States. Travelers must show a negative result to the airline before boarding their flight. For those who have recently recovered from COVID-19, they may instead travel with documentation of recovery from COVID-19.
- [USCIS Quickly Implements New Employment Authorization Policy for H-4, L and E Spouses](https://www.gibney.com/alerts/uscis-quickly-implements-new-employment-authorization-policy-for-h-4-l-and-e-spouses/) - On November 12, 2021, USCIS updated its Policy Manual to permit H-4, E and L nonimmigrant dependent spouses to receive automatic extension of employment authorization in certain circumstances. Earlier in the week, USCIS announced that it would implement new policies for H-4 and L spouses within 120 days. In updating its Policy Manual, USCIS moved quickly to implement the new polices and to expand the benefits to E spouses.
- [USCIS to Adopt New Policies for H-4 and L-2 Work Authorization](https://www.gibney.com/alerts/uscis-to-adopt-new-policies-for-h-4-and-l-2-work-authorization/) - Pursuant to a lawsuit brought by the American Immigration Lawyer Association and its litigation partners, U.S. Citizenship and Immigration Services (USCIS) will implement new policies to improve issuance of work authorization for nonimmigrant H-4 and L-2 spouses.
- [Gibney Participates in InnovateNordics Summit 2021 for Emerging Businesses](https://www.gibney.com/events/gibney-participates-in-innovatenordics-summit-2021-for-emerging-businesses/) - Gibney is partnering with the Swedish American Chamber of Commerce for the InnovateNordics Summit 2021 & U.S. Acceleration Program on October 15, 2021. Gibney will discuss U.S. legal issues for emerging businesses. Speakers include David Johnson, Kristen Smith, Maja Szumarska and Robert Tracy.
- [Angelo Mazza Speaks on Tools of the Italian System for Intellectual Property Protection and Combatting Anticounterfeiting in the US](https://www.gibney.com/events/angelo-mazza-speaks-on-tools-of-the-italian-system-for-intellectual-property-protection-and-combatting-anticounterfeiting-in-the-us/) - Gibney IP Partner Angelo Mazza recently spoke the webinar entitled "The Tools of the Italian System for the Protection of Intellectual Property and the Fight Against Anticounterfeiting in the US" The webinar covered the many brand protection options, public and private, that exist under the American system. Angelo directed his comments, in Italian, to the importance of law enforcement training as part of an overall approach to brand protection.
- [Fiscal Year (FY) 2023 Diversity Visa Lottery Now Open](https://www.gibney.com/alerts/fiscal-year-fy-2023-diversity-visa-lottery-now-open/) - The Diversity Immigrant Visa Program (DV Program) provides up to 55,000 immigrant visas (aka permanent residence or green cards) for issuance in Fiscal Year 2023 to persons from countries with low immigration rates to the U.S. Foreign nationals are selected for eligibility to apply for U.S. Lawful Permanent Resident (LPR) status under this program on the basis of a lottery. The DV Program is administered by the U.S. Department of State, and there is no cost to register. The online registration period for the DV-2023 Program began on Wednesday, October 6, 2021 at 12:00 pm noon, Eastern Daylight Time (EDT) (GMT-4), and concludes on Tuesday, November 9, 2021 at 12:00 pm noon, Eastern Standard Time (EST) (GMT-5).
- [USCIS Sued Over H-4 and L-2 EAD Policies](https://www.gibney.com/alerts/uscis-sued-over-h-4-and-l-2-ead-policies/) - The American Immigration Lawyers Association and a litigation partner have brought a class action lawsuit on behalf of H-4 and L-2 spouses who have applied for work authorization as the dependents of H-1B and L-1 principal visa holders.
- [Croatia Added to Visa Waiver Program](https://www.gibney.com/alerts/croatia-added-to-visa-waiver-program/) - The U.S. Department of Homeland Security (DHS) has designated Croatia for inclusion in the Visa Waiver Program (VWP). Eligible Croatian nationals who have an electronically readable passport (e-Passport) and who have obtained pre-authorization for travel through the Electronic Screening System for Travel Authorization (ESTA) system will be eligible to enter the U.S. for business or tourism without a visa for a period of up to 90 days. DHS is expected to update the ESTA system to include Croatia by December 1, 2021. Croatia joins a list of 39 countries designated for participation in the VWP.
- [Brian Brokate to Speak at PLI on Trademark Developments in Anticounterfeiting](https://www.gibney.com/events/brian-brokate-to-speak-at-pli-on-trademark-developments-in-anticounterfeiting/) - Brian W. Brokate will speak at the Practising Law Institute’s Intellectual Property Law Institute 2021 event on September 28, 2021 on the “Trademark” panel. He will focus on developments in anti-counterfeiting and combatting counterfeiters during an unprecedented era. Other topics will include:
- [Biden Administration Plans to Lift Regional COVID-19 Travel Bans and Replace with Global Vaccination Requirement for International Travelers](https://www.gibney.com/alerts/biden-administration-plans-to-lift-regional-covid-19-travel-bans-and-replace-with-global-vaccination-requirement-for-international-travelers/) - The American Immigration Lawyers Association and various news outlets are reporting that, effective early November the Biden Administration intends to replace the regional travel bans with a global requirement that all foreign national travelers provide proof of full vaccination against COVID-19 and proof of a negative COVID-19 test taken within 3 days prior to boarding a flight to the U.S.
- [Court Vacates Rule Favoring High-Wage Earners in H-1B Cap Selection Process](https://www.gibney.com/alerts/court-vacates-rule-favoring-high-wage-earners-in-h-1b-cap-selection-process/) - A federal district court has struck down a legacy Trump administration rule that would have replaced the annual H-1B cap lottery with a scheme to favor high-wage earners. If implemented, the rule would have adversely impacted employers wishing to sponsor H-1B petitions for entry level professionals positions with corresponding entry level wages, including petitions for recent foreign student graduates from U.S. universities.
- [New COVID-19 Vaccination Requirement for Green Card Applicants](https://www.gibney.com/alerts/new-covid-19-vaccination-requirement-for-green-card-applicants/) - Effective October 1, 2021, by order of the Centers for Disease Control (CDC), USCIS and the U.S. Department of State will require individuals applying for permanent resident status to be vaccinated for COVID-19, with limited exceptions. Refugees are also covered by the order. Proof of full COVID-19 vaccination will be required along with the other vaccination requirements already in place in connection with green card applications.
- [Protecting Your Brand: Five Cost-Effective Customs & Border Protection Tools to Stop Counterfeit Goods at the Border](https://www.gibney.com/alerts/protecting-your-brand-five-cost-effective-customs-border-protection-tools-to-stop-counterfeit-goods-at-the-border/) - With the ever-evolving world of brand protection, it may be easy to overlook some of the strongest tools available for protecting a brand. We are often drawn to the latest software or technology to stop counterfeits from making their way into the US. However, these may be part of a broader strategy that includes the tools Customs & Border Protection (CBP) makes available. If you are protecting a brand and have a tight budget, please take a look at some lower cost opportunities.
- [IP Partner Angelo Mazza Participates in IACC Enforcement Training for US Customs and Border Protection](https://www.gibney.com/firm_news/ip-partner-angelo-mazza-participates-in-iacc-enforcement-training-for-us-customs-and-border-protection/) - Gibney IP Partner Angelo Mazza recently participated on behalf of several clients in the IACC sponsored virtual training for CBP personnel at the Port of Newark. The training bought together over 40 brands and 100 CBP personnel from Newark and around the country. CBP Officers, Import Specialists and FP&F personnel had the ability to watch presentations by brands based on type of commodity and set to run at specific times during the 3-day event.
- [Angelo Mazza to Speak at IACC Panel on Brand Protection Basics](https://www.gibney.com/events/angelo-mazza-to-speak-on-brand-protection-basics-practical-tips-for-protecting-your-rights-at-the-u-s-border/) - Intellectual Property Partner Angelo Mazza will speak at the International Anticounterfeiting Coalition webinar on August 19, 2021 from 1:00pm - 2:00pm ET. The program is titled "Brand Protection Basics – Practical Tips for Protecting Your Rights at the U.S. Border." This informative program will provide an opportunity to hear first-hand from brand representatives who will share practical tips and advice drawn from years of experience partnering with CBP.
- [USCIS Selects Additional  FY 2022 H-1B Cap Registrations: What Employers and Foreign Nationals Need to Know](https://www.gibney.com/alerts/uscis-selects-additional-fy-2022-h-1b-cap-registrations-what-employers-and-foreign-nationals-need-to-know/) - USCIS conducted a second lottery for the fiscal year (FY) 2022 H-1B cap on July 28, 2021 and has notified employers that additional registrations have been selected. Employers with selected registrations from the second lottery may file an H-1B petition for the beneficiary of a selected registration during the 90-day period running from August 2, 2021 to November 3, 2021.
- [Understanding Intracompany Transferee Visas and the Associated Green Card Sponsorship Process](https://www.gibney.com/alerts/understanding-intracompany-transferee-visas-and-the-associated-green-card-sponsorship-process-2/) - In Episode 1 we discuss the characteristics and differences of L-1A and L-1B Intracompany Transferee visas and the Employment Based First Preference multinational manager green card sponsorship process. In this quick take, we break down what employers need to know about these options for transferring and retaining employees from affiliated companies into the U.S.
- [Understanding Intracompany Transferee Visas and the Associated Green Card Sponsorship Process   ](https://www.gibney.com/alerts/understanding-intracompany-transferee-visas-and-the-associated-green-card-sponsorship-process/) - In Episode 1, immigration topics discussed include L-1A and L-1B Intracompany Transferee visas and the Employment Based First Preference multinational manager green card sponsorship process. In this quick take article, we break down what employers need to know about these options for transferring and retaining employees from affiliated companies into the U.S.
- [DHS Extends Form I-9 Flexibility for Remote Employees to August 31, 2021](https://www.gibney.com/alerts/dhs-extends-form-i-9-flexibility-for-remote-employees-to-august-31-2021/) - The U.S. Department of Homeland Security has extended a policy providing employers with flexibility to meet certain Form I-9 Employment Verification requirements. The guidance, which was set to expire May 31, 2021, has now been extended to August 31, 2021.
- [Gibney Celebrates Juneteenth](https://www.gibney.com/firm_news/gibney-celebrates-juneteenth/) - This Saturday is Juneteenth. In honor of the day, Gibney is supporting legal organizations that are combatting racial injustice.
- [USCIS Issues Policies to Improve Immigration Services: What Employers and Foreign Nationals Need to Know](https://www.gibney.com/alerts/uscis-issues-policies-to-improve-immigration-services-what-employers-and-foreign-nationals-need-to-know/) - USCIS announced three new immigration policy updates on expedited processing of benefit applications, Requests for Evidence and Notices of Intent to Deny and the validity period for employment authorization documents.
- [David Johnson to Speak at Insider Scoop: US Travel & Immigration](https://www.gibney.com/events/david-johnson-to-speak-at-insider-scoop-us-travel-immigration/) - David Johnson will join Belcham for the event "Insider Scoop: Travel & Immigration" on May 21, 2021. The program will cover business activities affected by the travel ban and changing immigration policies impacting foreign entrepreneurs.
- [USCIS FY2020 H-1B Cap and Premium Processing Update](https://www.gibney.com/alerts/uscis-fy2020-h-1b-cap-and-premium-processing-update/) - On March 19, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it will take a two-phased approach to premium processing for H-1B cap petitions when the FY 2020 filing period begins April 1, 2019.
- [National Interest Exceptions for Travelers from Europe:  US Department of State Update July 16, 2020](https://www.gibney.com/alerts/national-interest-exceptions-for-travelers-from-europe-us-department-of-state-update-july-16-2020/) - On July 16, 2020 the U.S. Department of State released guidance outlining national interest exceptions to the Presidential Proclamations (PPs) prohibiting the admission of travelers arriving from the Schengen Area (PP 9993) and the United Kingdom and Ireland (PP 9996).
- [U.S. Nonimmigrant Visa Ban Expires](https://www.gibney.com/alerts/u-s-nonimmigrant-visa-ban-expires/) - Presidential Proclamation (PP) 10052 suspending entry to the U.S. of certain nonimmigrants in J, H and L status expired March 31, 2021. The Biden Administration has declined to extend the ban. Expiration of PP 10052 is welcome news to U.S. companies, hospitals, universities and small businesses seeking to employ high-skilled and temporary workers, as well as multinational corporations seeking to leverage the expertise of employees from overseas affiliate offices. Nevertheless, significant challenges remain in bringing nonimmigrants to the U.S.
- [U.S. Department of State Restricts Eligibility for National Interest Exemptions](https://www.gibney.com/alerts/u-s-department-of-state-restricts-eligibility-for-national-interest-exemptions/) - On March 2, 2021, the U.S. Department of State issued revised guidance further limiting eligibility for National Interest Exemptions (NIEs) for travelers from the Schengen Area, the United Kingdom and Ireland whose admission to the U.S. is restricted by Presidential Proclamation (PP) 10143. PP 10143 restricts the entry of travelers to the U.S. who were present within the Schengen Area, the United Kingdom, the Republic of Ireland, Brazil and South Africa during the 14-day period preceding attempted entry to the U.S.
- [President Trump Extends Duration of Visa Category Bans to March 31, 2021](https://www.gibney.com/alerts/president-trump-extends-duration-of-visa-category-bans-to-march-31-2021/) - Donald Trump extended two directives restricting the admission of certain immigrants and nonimmigrants to the U.S. Specifically, Presidential Proclamation (PP) 10014 restricting the admission of first-time immigrants and PP 10052 restricting the admission certain H, J and L temporary workers, were set to expire on December 31, 2020 but have now been extended to March 31, 2021.
- [National Interest Exceptions to Nonimmigrant  Visa Ban: U.S. Department of State Update August 12, 2020](https://www.gibney.com/alerts/national-interest-exceptions-to-nonimmigrant-visa-ban-u-s-department-of-state-update-august-12-2020/) - The U.S. Department of State (DOS) released additional guidance expanding the scope of national interest exceptions to the June 24, 2020 Presidential Proclamation (PP 10052) banning the admission of certain J, H and L visa holders until at least December 31, 2020. The guidance will potentially permit many more foreign nationals to be admitted to the U.S. in H and L status while the ban remains in effect.
- [President Bans Entry of Temporary Workers to U.S.](https://www.gibney.com/alerts/president-bans-entry-of-temporary-workers-to-u-s/) - On June 22, 2020, President Trump issued a Proclamation suspending entry to the U.S. of foreign nationals in certain nonimmigrant (temporary) visa classifications. The entry ban takes effect June 24, 2020 at 12:01 a.m. Eastern Daylight Time.
- [U.S. Entry Ban on Temporary Workers: State Department and CBP Update](https://www.gibney.com/alerts/u-s-entry-ban-on-temporary-workers-state-department-and-cbp-update/) - The U.S. Department of State and U.S. Customs and Border Protection (CBP) and have provided initial guidance clarifying the scope of Donald Trump’s June 22 proclamation banning the entry of certain H, L and J visa holders.
- [U.S. to Require International Passengers to Present Negative Covid Test Result](https://www.gibney.com/alerts/u-s-to-require-international-passengers-to-present-negative-covid-test-result/) - The U.S. Centers for Disease Control and Prevention (CDC) has issued an order requiring all passengers traveling to the U.S. on international flights to show written proof of a negative Covid-19 test or documentation of recovery from Covid-19 after a prior positive test result prior to boarding flights to the U.S. The order is effective January 26, 2021. Passengers must obtain the Covid-19 test within three days of traveling to the U.S.
- [COVID-19: U.S. Restricts Travel from Brazil](https://www.gibney.com/alerts/covid-19-u-s-restricts-travel-from-brazil/) - Due to the ongoing coronavirus pandemic, on May 24, 2020 President Trump issued a Proclamation restricting travel to the United States for foreign nationals arriving from Brazil. The Proclamation suspends entry to the United States of most foreign nationals, regardless of nationality, who have been in Brazil at any point during the 14 days prior to their scheduled arrival in the United States.
- [Updated EEOC Guidance on COVID-19, the ADA and Other EEO Laws: What Employers Need to Know](https://www.gibney.com/alerts/updated-guidance-on-covid-19-the-ada-and-other-eeo-laws/) - The United States Equal Employment Opportunity commission updated its Technical Assistance Questions and Answers about Covid-19, the American with Disabilities Act and other EEO laws. The EEOC update contains important clarifications for employers on issues ranging from temperature testing employees, retention and proper storage of Covid-19 related medical records, to reasonable accommodations of disabled workers and steps employers can take to reduce the risk of pandemic related harassment.
- [USCIS Expands Online Filing to  F-1 Students Seeking OPT Work Authorization](https://www.gibney.com/alerts/uscis-expands-online-filing-to-f-1-students-seeking-opt-work-authorization/) - Today U.S. Citizenship and Immigration Services (USCIS) announced that F-1 students applying for work authorization in connection with optional practical training (OPT) may now file Form I-765, Application for Employment Authorization online. The online filing option will allow eligible students to file forms in a more user-friendly manner and help to increase efficiencies for adjudicators.
- [Trump Administration Advances Rules Restricting Visas for High-Skilled Foreign Workers](https://www.gibney.com/alerts/trump-administration-advances-rules-restricting-visas-for-high-skilled-foreign-workers/) - The Trump Administration has announced that it will published two Interim Final Rules on Thursday, October 8, 2020 that will substantially alter the H-1B visa program for temporary professionals working in a specialty occupation and significantly increase wage obligations for employers that file H-1B, H-1B1, and E-3 petitions, and PERM labor certification applications. The rules will have an immediate, direct and adverse impact on businesses seeking to employ these workers.
- [Coronavirus Travel Restrictions](https://www.gibney.com/alerts/coronavirus-travel-restrictions/) - The World Health Organization declared the Coronavirus a global public health emergency and the U.S. State Department issued an advisory not to travel to China. The President signed a Proclamation imposing travel restrictions for certain travelers who are visiting or have visited China within a designated period. This alert covers what employers and foreign nationals can expect.
- [David Johnson to Present at the SACCNY Webinar: New U.S. Visa Ban - What Does It Mean?](https://www.gibney.com/events/david-johnson-to-present-new-u-s-visa-ban-what-does-it-mean/) - Immigration Partner David Johnson will be featured at the SACCNY webinar to help unpack and make sense of the Executive Order emporarily suspending certain new work visas into the United States. The webinar will focus on how the new restrictions will affect you and your business.
- [Travel Restrictions at U.S. Land Borders Extended to August 20, 2020](https://www.gibney.com/alerts/travel-restrictions-at-u-s-land-borders-extended-to-august-20-2020/) - On July 16, 2020, the Department of Homeland Security further extended measures to restrict non-essential travel to the U.S. from Canada and Mexico through land ports of entry and ferry terminals. The travel restriction is extended 30 days, and will remain in place through August 20, 2020.
- [U.S Extends Land Border Restrictions with Canada and Mexico Again](https://www.gibney.com/alerts/u-s-extends-land-border-restrictions-with-canada-and-mexico-again/) - UPDATE – On August 14, 2020, the U.S. Department of Homeland Security further extended measures to restrict non-essential travel to the U.S. from Canada and Mexico through land ports of entry and ferry terminals through September 21, 2020.
- [October Visa Bulletin Effective as USCIS Honors Dates of Filing](https://www.gibney.com/alerts/october-visa-bulletin-effective-as-uscis-honors-dates-of-filing/) - The October 2020 Visa Bulletin takes effect today. The Bulletin shows rapid advancement in priority dates for both final action dates and dates for filing in the employment-based (EB) preference categories, with the exception of EB-5. Significantly, USCIS indicates that it will follow the Visa Bulletin’s dates for filing in the employment-based categories. This means that numerous employment-sponsored foreign nationals, many of whom have been waiting years, are eligible to file their I-485, adjustment of status (“green card”) applications in October.
- [November Visa Bulletin:  Employment-Based Categories Remain Current for Dates of Filing](https://www.gibney.com/alerts/november-visa-bulletin-employment-based-categories-remain-current-for-dates-of-filing/) - The November Visa Bulletin has been published by the Department of State. The Bulletin dates for filing remain the same for most employment-based and other categories, with some advancement for final action dates. Significantly, USCIS confirmed that it will follow the Visa Bulletin’s dates for filing in the employment-based categories. This means that employment-sponsored foreign nationals who were eligible to file in October, many of whom have been waiting years, will continue to be eligible to file their I-485, adjustment of status (“green card”) applications in November.
- [Executive Order Increases Scrutiny on Federal Contractors and H-1B Workers](https://www.gibney.com/alerts/executive-order-increases-scrutiny-on-federal-contractors-and-h-1b-workers/) - On August 4, 2020, President Trump signed an Executive Order requiring federal agencies to review the use of foreign temporary workers and overseas offshoring practices by federal contractors and subcontractors. The order also directs the Department of Labor (DOL) and the Department of Homeland Security (DHS) to take action to enforce H-1B regulations and ensure that U.S. workers are not adversely impacted by the hiring of H-1B workers.
- [Trump Administration Seeks Legislation to Hold E-Commerce Platforms Accountable for Counterfeit Sales](https://www.gibney.com/alerts/trump-administration-seeks-legislation-to-hold-e-commerce-platforms-accountable-for-counterfeit-sales/) - On October 13, 2020, President Trump signed a “Memorandum on Stopping Counterfeit Trafficking on E-commerce Platforms Through Fines and Civil Penalties” to combat trademark counterfeiting by taking aim at the e-commerce marketplaces that act as intermediaries between buyers and sellers.
- [U.S. Ends Preferential Immigration Treatment for Hong Kong](https://www.gibney.com/alerts/u-s-ends-preferential-immigration-treatment-for-hong-kong/) - On July 14, 2020, the Trump Administration issued an executive order ending differential treatment for Hong Kong under U.S. law. The order, effective immediately, directs government agencies to amend regulations within 15 days of the order, including trade and immigration regulations, as they pertain to special treatment of individuals born in Hong Kong and those holding Hong Kong SAR passports. The change in legal status for Hong Kong will have significant immigration consequences for many foreign nationals and their U.S. employers.
- [Proclamation Suspends Entry of Certain Chinese Nationals on F and J Visas](https://www.gibney.com/alerts/proclamation-restricting-f-and-j-visas-for-certain-chinese-nationals/) - President Trump issued a Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China (PRC). The stated purpose is to limit access to sensitive U.S. technologies and intellectual property by restricting F and J visas for certain Chinese nationals.
- [President Restricts Entry for Limited Group of Immigrants](https://www.gibney.com/alerts/president-restricts-entry-for-limited-group-of-immigrants/) - President Trump issued a Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. The proclamation is effective 11:59 pm EDT on April 23, 2020 for an initial period of 60 days, and is subject to extension
- [Nicolo Rivolta Discusses Visa Options For Tech Start Ups at Belcham Catalyst](https://www.gibney.com/events/nicolo-rivolta-discusses-visa-options-for-tech-start-ups-at-belcham-catalyst/) - Nicolo Rivolta discussed visa options for emerging businesses at Belcham Catalyst in San Francisco yesterday. Nico discussed E-2/new company visas as well as the B-1 visa option as an alternative to the H-1B category.
- [New Zealand Nationals May Now Qualify for E-1/E-2 Nonimmigrant Classification](https://www.gibney.com/alerts/u-s-immigration-alert-new-zealand-nationals-may-now-qualify-for-e-1-e-2-nonimmigrant-classification/) - The U.S. Department of State announced that as of June 10, 2019, citizens of New Zealand are eligible to apply for E-1 Treaty Trader and E-2 Treaty Investor classification at the U.S. consulates overseas. The development comes pursuant to Congress passing the Knowledgeable Innovators and Worthy Investors (KIWI) Act, and President Trump signing it into law.
- [Biden Administration Revives International Entrepreneur Immigration Program](https://www.gibney.com/alerts/biden-administration-revives-international-entrepreneur-immigration-program/) - The Department of Homeland Security (DHS) announced it is restoring the Obama-era International Entrepreneur Rule (IER), allowing certain foreign national entrepreneurs the opportunity to launch qualifying start-up businesses in the U.S.
- [DHS Will Restart the International Entrepreneur Parole Program to Provide Opportunities for Foreign Entrepreneurs](https://www.gibney.com/alerts/dhs-will-restart-the-international-entrepreneur-parole-program-to-provide-opportunities-for-foreign-entrepreneurs/) - U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) is withdrawing a 2018 notice to remove the International Entrepreneur (IE) parole program from DHS regulations. The IE parole program provides a viable means for foreign entrepreneurs to establish and develop their start-up entities in the US.
- [DOL Prevailing Wage Rule Postponed](https://www.gibney.com/alerts/dol-prevailing-wage-rule-postponed/) - The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and H-1B, H-1B1 and E-3 nonimmigrant visa sponsorship. Under the revised timeline, transition to the new, higher wage tiers will commence January 1, 2023.
- [USCIS to Suspend Biometric Requirements for Certain E, H-4, and L-2 Applicants](https://www.gibney.com/alerts/uscis-to-suspend-biometric-requirements-for-certain-e-h-4-and-l-2-applicants/) - USCIS intends to suspend collecting biometrics for individuals requesting E, H-4 and L-2 status on Form I-539, Application to Extend/Change Nonimmigrant Status. The policy, projected to take effect May 17, 2021, is expected to reduce adjudication backlogs and improve processing times for these applications, as well as for associated applications for Employment Authorization Documents (EADs) filed on Form I-765.
- [Biden Administration Issues Travel Ban for India](https://www.gibney.com/alerts/biden-administration-issues-travel-ban-for-india/) - On April 30, 2021, the Biden Administration issued a proclamation imposing restrictions on the admission of travelers from India. The ban will take effect at 12:01 am eastern daylight time on Tuesday, May 4, 2021. Impacted travelers include nonimmigrant foreign nationals who have been physically present in India at any point during the 14 day period prior to arrival in the U.S.
- [Counterfeit Covid-19 Vaccines: Impacting Public Health and Safety](https://www.gibney.com/alerts/counterfeit-covid-19-vaccines-impacting-public-health-and-safety/) - Since early in the pandemic, the US has faced a significant and still ongoing wave of counterfeit PPE entering the country from abroad. A recent Wall Street Journal article confirms what had been feared for months; a rise in the availability of counterfeit Covid-19 vaccines. Albeit the counterfeit doses were found in Mexico and Poland, it does not portend well for the efforts to reign in the pandemic around the world.
- [H-1B Initial Electronic Registration Selection Process Completed](https://www.gibney.com/alerts/h-1b-initial-electronic-registration-selection-process-completed-2/) - Today USCIS announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B cap. A random selection (lottery) was conducted from the registrations properly submitted from March 9, 2021 through March 25, 2021. H-1B petitions may be filed for selected registrations starting April 1, 2021.
- [INFORM Consumers Act Introduced to Target Online Counterfeiters](https://www.gibney.com/alerts/inform-consumers-act-introduced-to-target-online-counterfeiters/) - The INFORM (Integrity, Notification, and Fairness in Online Retail Marketplaces) Consumers Act was introduced on the Senate floor on March 23, 2021. This bill would require greater accountability and transparency from the e-commerce marketplaces that act as intermediaries between buyers and sellers.
- [New York State Extends Tax Filing Deadline to May 17, 2021](https://www.gibney.com/alerts/new-york-state-extends-tax-filing-deadline-to-may-17-2021/) - New York State has extended the due date for personal income tax returns and related payments originally due on April 15, 2021 to May 17, 2021. This follows the federal tax deadline which was also extended from April 15, 2021 to May 17, 2021. These extensions are due to the continued impact of COVID-19.
- [Federal Tax Deadline for Individuals Extended to May 17](https://www.gibney.com/alerts/federal-tax-deadline-for-individuals-extended-to-may-17/) - The Treasury Department and Internal Revenue Service has announced that the federal income tax filing due date for individuals for the 2020 tax year will be automatically extended from April 15, 2021 to May 17, 2021. The IRS will providing more formal guidance. Estimated federal tax payments and state tax filings are not extended and are still due by April 15, 2021.
- [David Johnson to Discuss U.S. Travel & Work Visas During Covid-19](https://www.gibney.com/events/11080/) - David Johnson will give a discussion on U.S. immigration to the Swedish American Chamber of Commerce (SACC) on March 17, 2021. His presentation is titled "U.S. Travel & Work Visas During Covid-19: A Guide for Business Travelers."
- [USCIS Public Charge Rule Eliminated](https://www.gibney.com/alerts/uscis-public-charge-rule-eliminated/) - The Trump Administration’s draconian 2019 Public Charge Final Rule is no longer in effect. U.S. Citizenship and Immigration Services (USCIS) announced it will revert to utilizing the public charge guidance that was in effect prior to implementation of the 2019 rule. With elimination of the rule, Form I-944, Declaration of Self Sufficiency, is no longer required in connection with adjustment of status (“green card”) applications and individuals no longer have to respond to questions regarding the receipt of public benefits on the current version of Forms I-485, I-129 and I-539.
- [Travel and Immigration Between Finland in the US During Covid-19: What You Need to Know](https://www.gibney.com/events/travel-and-immigration-between-finland-in-the-us-during-covid-19-what-you-need-to-know/) - Gibney is co-sponsoring the event "Travel and Immigration Between Finland in the US During Covid-19: What You Need to Know" on March 2, 2021. This event is in partnership with The Finnish American Chamber of Commerce, the Consulate General of Finland New York and the Consulate General of Finland Los Angeles.
- [USCIS Expands Premium Processing to E-3 Visas](https://www.gibney.com/alerts/uscis-expands-premium-processing-to-e-3-visas/) - On February 24, 2021, USCIS expanded its premium processing service to Petitioners requesting a change of status or extension of status in the E-3 Specialty Occupation Workers from Australia nonimmigrant visa classification.
- [Immigration Update: Biden Lifts Immigrant Visa Ban](https://www.gibney.com/alerts/immigration-update-biden-lifts-immigrant-visa-ban/) - On February 24, 2021, President Biden issued a Proclamation revoking the Trump era immigrant visa ban, which suspended the entry of certain immigrants seeking to apply for U.S. permanent residence from abroad.
- [What Will Post Pandemic IP Enforcement Look Like?](https://www.gibney.com/alerts/what-will-post-pandemic-ip-enforcement-look-like/) - As we are on the cusp of gaining some control over the pandemic and regaining a focus on the new normal, it seems to be an opportune time to think about what the post-pandemic world of IP enforcement will look like. While admittedly focusing only on the world of counterfeiters, this brief overview offers some food for thought into other aspects of intellectual property matters.
- [Brian Brokate Recognized in the World Trademark Review 1000 for IP Enforcement and Litigation Work](https://www.gibney.com/firm_news/brian-brokate-recognized-in-the-world-trademark-review-1000-for-ip-enforcement-and-litigation-work/) - Brian Brokate was recognized in the 2021 World Trademark Review 1000 for enforcement and litigation work. The WTR 1000 remains the only standalone publication to recommend individual practitioners and their firms exclusively in the trademark field, and identifies the leading players in over 80 key jurisdictions globally.
- [Legislation Overhauling US Immigration Introduced in Congress](https://www.gibney.com/alerts/legislation-overhauling-us-immigration-introduced-in-congress/) - Democrats in Congress have introduced the U.S. Citizenship Act of 2021, advancing the Biden Administration’s efforts for reform of the U.S. immigration system. Democrats will need 60 votes in the U.S. Senate to overcome a filibuster.
- [USCIS Rule Postpones Prioritizing H-1B Cap Selection for High-Wage Earners & Announces Cap Registration Period](https://www.gibney.com/alerts/uscis-rule-prioritizing-h-1b-cap-selection-for-high-wage-earners-postponed/) - The Department of Homeland Security (DHS) announced that it will delay the effective date of the January 8, 2021 rule modifying the H-1B cap selection process to prioritize high wage earners until December 31, 2021. This means that the fiscal year (FY) 2022 H-1B cap registration and selection process, on target to commence next month, will proceed as it did last year, with selection based on a random lottery. Additionally, today USCIS announced that the initial registration period for the FY 2022 H-1B cap will open March 9, 2021 at Noon Eastern Time (ET) and will close on March 25, 2021 at Noon ET.
- [U.S. Immigration Update: DHS Secretary Confirmed and More Immigration Executive Orders Issued](https://www.gibney.com/alerts/u-s-immigration-update-dhs-secretary-confirmed-and-more-immigration-executive-orders-issued/) - On February 2, 2021, the U.S. Senate confirmed Alejandro Mayorkas as Department of Homeland Security (DHS) Secretary and President Biden signed three immigration orders aimed at reunifying children separated from their parents at the U.S.-Mexico border, addressing the U.S. southern border and asylum system, and improving the U.S. legal immigration system.
- [David Johnson Speaks On U.S. Business Travel and Work Visas for Entrepreneurs](https://www.gibney.com/events/david-johnson-speaks-on-u-s-business-visas-and-work-travel-for-entrepreneurs/) - David Johnson spoke on U.S. Business Travel and Work Visas for Entrepreneurs for Entrepreneurs Roundtable Accelerator (ERA) on January 26, 2021 including current travel restrictions, common U.S. visas and new policy changes.
- [Regional Travel Ban Updates: CDC Testing Requirements for International Travelers](https://www.gibney.com/alerts/regional-travel-ban-updates-cdc-testing-requirements-for-international-travelers/) - The Biden Administration is expanding and strengthening travel restrictions to the U.S. as new strains of the coronavirus emerge globally. The Biden Administration issued an Executive Order extending COVID-related travel restrictions to foreign national travelers from South Africa. The CDC also issued updated instructions for international travelers.
- [Biden Administration Tackles Immigration on Day One](https://www.gibney.com/alerts/biden-administration-tackles-immigration-on-day-one/) - On its first day in office, the Biden Administration acted to reverse numerous hardline immigration policies from the prior administration and to advance immigration reforms. Some action comes in the form of executive orders and directives that take effect immediately, while other initiatives will be advanced through legislation, requiring Congressional approval.
- [Use It or Lose It: Utilizing Estate Tax Exemption Before It Goes Away](https://www.gibney.com/alerts/use-it-or-lose-it-utilizing-estate-tax-exemption-before-it-goes-away/) - The U.S. imposes an estate tax of approximately 40% on the net estate of U.S. tax residents. The current exemption from estate tax is $11,700,000 per person, leaving very few estates actually subject to the tax. Under current law, the exemption will revert to $5,000,000, adjusted for inflation, on January 1, 2026. However, President elect Biden has proposed reducing the exemption to $3,500,000. After democratic wins in Georgia this change could be made as soon as this year.
- [USCIS Publishes Rule Prioritizing H-1B Cap Selection for High-Wage Earners](https://www.gibney.com/alerts/uscis-publishes-rule-prioritizing-h-1b-cap-selection-for-high-wage-earners/) - U.S. Citizenship and Immigration Services (USCIS) today published a final rule modifying the annual H-1B cap selection process to favor high-wage earners. The rule is set to take effect March 9, 2021, in time for the Fiscal Year (FY) 2022 H-1B cap registration and selection process. However, implementation may be delayed or deferred, due to the impending change in presidential administrations and potential litigation.
- [Stephen Maltby and Houman Afshar Recognized in 2021 Best Lawyers in America©](https://www.gibney.com/firm_news/stephen-maltby-and-houman-afshar-recognized-in-2021-best-lawyers-in-america/) - Gibney attorneys Stephen Maltby and Houman Afshar have been recognized in the 2021 edition of The Best Lawyers in America© in the field of immigration law. Gibney was also recognized as a top firm for immigration in New York.
- [Travel Restrictions at US-Canada-Mexico Land Borders Extended](https://www.gibney.com/alerts/travel-restrictions-at-us-canada-mexico-land-borders-extended/) - The U.S. Department of Homeland Security again extended measures to restrict non-essential travel to the U.S. from Canada and Mexico through land ports of entry and ferry terminals. The travel restrictions will remain in place through January 21, 2020 and will likely be extended further.
- [Brian Brokate and Angelo Mazza to Speak at Intellectual Property Rights Enforcement 2021 NY](https://www.gibney.com/events/brian-brokate-and-angelo-mazza-to-speak-at-intellectual-property-rights-enforcement-2021-ny/) - IP Partners Brian W. Brokate and Angelo E.P. Mazza will speak at the Practising Law Institute’s Intellectual Property Rights Enforcement 2021 NY event on January 7, 2021. Brian Brokate is also co-chair of the event. This will be the tenth year that Brian and Angelo have participated in this program.
- [DHS Again Extends Form I-9 Compliance Flexibility](https://www.gibney.com/alerts/dhs-again-extends-form-i-9-compliance-flexibility/) - The U.S. Department of Homeland Security (DHS) has extended a policy providing employers with flexibility in meeting certain Form I-9 Employment Verification requirements until January 31, 2021. The policy, initially announced in March 2020, relaxes the requirement to review Form I-9 identity and employment verification documents for remote workers “in-person” during the pandemic.
- [January 2021 Visa Bulletin Published – USCIS to use Final Action Dates](https://www.gibney.com/alerts/january-2021-visa-bulletin-published-uscis-to-use-final-action-dates/) - The Department of State released the January 2021 Visa Bulletin. In a departure from the last three months, USCIS has indicated that employment-based adjustment of status applicants must follow the Final Action Dates chart. Chinese and Indian nationals face more severe retrogression under Final Action Dates than under the Dates for Filing charts used from October through December.
- [Year-End Tax Planning: Steps to Take Now for 2021](https://www.gibney.com/alerts/year-end-tax-planning-steps-to-take-now-for-2021/) - During this election year, with the determination of the Senate seats not taking place until January 2021, taxpayers will be faced with uncertainty in their approach to planning. The outcome of the Senate will play a key role in whether the Biden Administration will move forward with several planned proposals. While it remains unclear whether there will be any significant tax changes next year, these are steps that taxpayers can take during the remainder of 2020 to be well-positioned for 2021 no matter who controls the Senate.
- [IP Partner Angelo Mazza Joins CBP Working Group on Intellectual Property](https://www.gibney.com/firm_news/ip-partner-angelo-mazza-joins-cbp-working-group-on-intellectual-property/) - IP Partner Angelo Mazza was asked by Customs & Border Protection (CBP) leadership to join the Intellectual Property Rights (IPR) Process Modernization Working Group. This working group is part of the larger Commercial Customs Operations Advisory Committee (COAC).
- [Judge Strikes Down Rules Restricting Visas for High-Skilled Foreign Workers](https://www.gibney.com/alerts/judge-strikes-down-rules-restricting-visas-for-high-skilled-foreign-workers/) - A federal judge in California struck down two Trump administration rules that substantially altered the H-1B visa program for temporary professional workers and increased wage obligations for businesses employing certain temporary workers.
- [TRAVEL RESTRICTIONS AT U.S. LAND BORDERS EXTENDED THROUGH DECEMBER 21, 2020](https://www.gibney.com/alerts/travel-restrictions-at-u-s-land-borders-extended-through-december-21-2020/) - The U.S. Department of Homeland Security further extended measures to restrict non-essential travel to the U.S. from Canada and Mexico through land ports of entry and ferry terminals. The travel restrictions will remain in place through December 21, 2020 and may extended further.
- [DHS Extends Form I-9 Compliance Flexibility](https://www.gibney.com/alerts/dhs-extends-form-i-9-compliance-flexibility-2/) - The U.S. Department of Homeland Security (DHS) has extended two policies providing employers and employees with flexibility in meeting certain Form I-9 Employment Verification requirements.
- [December 2020 Visa Bulletin Published – USCIS Again Honors Dates of Filing](https://www.gibney.com/alerts/december-2020-visa-bulletin-published-uscis-again-honors-dates-of-filing/) - The Department of State released the December 2020 Visa Bulletin and USCIS confirmed that it will follow the dates for filing chart. Cut-off dates for filing in the employment-based first preference category advanced for Chinese and Indian nationals, but retrogressed in the third-preference categories for Indian nationals.
- [USCIS Introduces Revised Naturalization Civics Test](https://www.gibney.com/alerts/uscis-introduces-revised-naturalization-civics-test/) - U.S. Citizenship and Immigration Services (USCIS) is introducing a revised version of the naturalization civics test. The oral civics test is administered to all applicants for U.S. citizenship. The 2020 test increases the number of questions that applicants will be asked. Applicants who apply for naturalization on or after Dec. 1, 2020 will be required to take the 2020 test. Applicants with a filing date before Dec. 1, 2020 will take the 2008 version of the test currently utilized.
- [USCIS Increases Premium Processing Fee](https://www.gibney.com/alerts/uscis-increases-premium-processing-fee/) - U.S. Citizenship and Immigration Services announced that it will increase the premium processing fee for all filings currently eligible for premium processing service effective October 19, 2020.
- [COVID-19: Updated Travel Guidance for India](https://www.gibney.com/alerts/covid-19-updated-travel-guidance-for-india/) - The India Ministry of Home Affairs has stated that all scheduled international commercial passenger services will remain closed until October 31, 2020. International scheduled flights may be permitted for select routes and authorized on a case-by-case basis. All Indian visa services, excluding visa extensions, in-country registration and other in-country services will remain suspended until further notice.
- [Canada to Expedite Permanent Residence and Spousal Applications](https://www.gibney.com/alerts/canada-to-expedite-permanent-residence-and-spousal-applications/) - The Minister of Immigration Refugees and Citizenship Canada (IRCC) recently announced new steps to expedite the processing of Permanent Residence applications and spousal applications in Canada. Applications have been delayed significantly due to the coronavirus.
- [Appropriations Act Allows USCIS to Expand Premium Processing Service](https://www.gibney.com/alerts/appropriations-act-allows-uscis-to-expand-premium-processing-service/) - On September 30, 2020 the President signed the Continuing Appropriations Act, 2021 and Other Extensions Act, to fund the U.S. government through December 11, 2020. The Act also addresses USCIS revenue shortfalls and the need to meet operational expenses. It includes measures to expand the scope of premium processing service and increase premium processing fees. These measures will not take effect until USCIS takes affirmative steps to implement the changes.
- [Judge Temporarily Blocks USCIS Fee Rule](https://www.gibney.com/alerts/uscis-fee-rule-enjoined/) - A federal court has temporarily barred the Department of Homeland Security (DHS) from implementing a rule that would have significantly increased many immigration application filing fees. The rule was set to take effect October 2, 2020. In prohibiting USCIS from implementing the rule while litigation proceeds, the court found that acting DHS Secretary Chad Wolf was likely improperly appointed and thus likely lacked authority to issue the rule. The government is expected to appeal the decision.
- [DHS Extends Form I-9 Compliance Flexibility to November 19, 2020](https://www.gibney.com/alerts/dhs-extends-form-i-9-compliance-flexibility-to-november-19-2020/) - The U.S. Department of Homeland Security (DHS) has extended Form I-9 compliance flexibility for certain employers for an additional 60 days, until November 19, 2020. The policy, initially announced on March 20, 2020, relaxes the requirement to review Form I-9 identity and employment verification documents for remote workers “in-person” during the pandemic.
- [USCIS Public Charge Rule in Effect Nationwide](https://www.gibney.com/alerts/uscis-public-charge-rule-in-effect-nationwide/) - U.S. Citizenship and Immigration Services (USCIS) may resume implementation of its Inadmissibility on Public Charge Grounds Final Rule (Public Charge Final Rule) nationwide after the Second Circuit Court of Appeals lifted a nationwide injunction on September 11, 2020.
- [Gibney Immigration Attorney Violeta Petrova Promoted to Partner](https://www.gibney.com/firm_news/gibney-immigration-attorney-violeta-petrova-promoted-to-partner/) - Gibney is pleased to announce that Violeta Petrova was promoted to a Partner in our Immigration Group, effective July 1, 2020. Violeta Petrova represents large-cap, mid-cap and small-cap clients in U.S. business immigration, including nonimmigrant and permanent residence matters.
- [IP Enforcement in the Age of Covid-19  (An Update)](https://www.gibney.com/alerts/ip-enforcement-in-the-age-of-covid-19-an-update/) - Over five months ago, we entered one of the darkest periods of recent memory. The safety of family and friends became paramount as priorities changed and numerous activities simply stopped. Our online world became our reality as we were cut off from connections and activities. Now may be a good time to take a quick peek at where enforcement against counterfeit products stands.
- [DHS Eases Form I-9 Verification due to EAD Production Delays](https://www.gibney.com/alerts/dhs-eases-form-i-9-verification-due-to-ead-production-delays/) - The U.S. Department of Homeland Security (DHS) announced temporary relaxation of a key Form I-9 compliance requirement as it pertains to individuals who require an I-766, Employment Authorization Document (EAD) for employment.
- [DHS Extends Form I-9 Compliance Flexibility](https://www.gibney.com/alerts/dhs-extends-form-i-9-compliance-flexibility/) - The U.S. Department of Homeland Security (DHS) has extended Form I-9 compliance flexibility for certain employers until September 19, 2020. The policy, initially announced on March 20, 2020, relaxes the requirement to review Form I-9 identity and employment verification documents for remote workers “in-person” during the pandemic.
- [USCIS Selects Additional H-1B Cap Registrations](https://www.gibney.com/alerts/uscis-selects-additional-h-1b-cap-registrations/) - USCIS is conducting a second lottery for the fiscal year (FY) 2021 H-1B cap, and has started to notify employers that additional registrations have been selected. Employers with selected registrations from the second lottery are expected to have from August 17, 2020 to November 16, 2020 to file an H-1B petition for the beneficiary of a selected registration.
- [USCIS Will Adjust Filing Fees on October 2, 2020](https://www.gibney.com/alerts/uscis-will-adjust-filing-fees-on-october-2-2020/) - Effective October 2, 2020, filing fees for certain non-immigrant, immigrant, and naturalization benefit requests will be adjusted to help meet U.S. Citizenship and Immigration Services (USCIS) operational needs. As a fee-funded agency, USCIS would be underfunded by around $1 billion per year based on current fees, and the adjustments in fees will help the agency recover its costs of services. Applications, petitions, or requests postmarked on or after October 2, 2020, must include payment of new fees.
- [New Version of Form I-9 is Required on May 1, 2020](https://www.gibney.com/alerts/new-version-of-form-i-9-is-required-on-may-1-2020/) - Employers must use the new version of Form I-9 (version dated 10/21/2019) starting Friday, May 1, 2020. DHS has relaxed the “in-person” review requirements associated with the Form I-9 process for certain employers on a remote working schedule.
- [Brian Brokate and Maja Szumarska Co-author Article on Ex Parte Seizure Orders](https://www.gibney.com/firm_news/brian-brokate-and-maja-szumarska-co-author-article-on-ex-parte-seizure-orders/) - This article provides a summary of recent counterfeiting cases and highlights the need to adhere closely to the statutory requirements when seeking ex parte seizure relief.
- [Updated EEOC Guidance on Covid-19, the ADA and Other EEO Laws: What Employers Need to Know](https://www.gibney.com/alerts/updated-eeoc-guidance-on-covid-19-the-ada-and-other-eeo-laws-what-employers-need-to-know/) - The United States Equal Employment Opportunity commission (EEOC) updated its Technical Assistance Questions and Answers about COVID-19, the American with Disabilities Act (ADA) and other EEO laws on Thursday June 11 and again on Wednesday June 17, 2020.
- [USMCA Takes Effect July 1, 2020](https://www.gibney.com/alerts/usmca-takes-effect-july-1-2020/) - The United States-Mexico-Canada Agreement (USMCA) will take effect on July 1, 2020. The USMCA replaces the North American Free Trade Agreement (NAFTA), which expires on June 30, 2020.
- [U.S. Supreme Court Blocks Rescission of DACA](https://www.gibney.com/alerts/u-s-supreme-court-blocks-rescission-of-daca/) - On June 18, 2020, the U.S. Supreme Court blocked the Trump Administration’s attempt to terminate the Deferred Action for Childhood Arrivals (DACA) program, ruling that the U.S. Department of Homeland Security (DHS)’s decision to rescind the program was arbitrary and capricious.
- [U.S.–Canada–Mexico Border Travel Restrictions Extended](https://www.gibney.com/alerts/u-s-canada-mexico-border-travel-restrictions-extended/) - On June 16, 2020, the Department of Homeland Security again extended the suspension of entry of certain persons traveling to the U.S. from Canada and Mexico through land ports of entry. The travel restriction is extended 30 days, and will remain in place through July 21, 2020.
- [US Supreme Court Makes Landmark Ruling on Employment Discrimination Protections for Gay, Lesbian and Transgender Employees](https://www.gibney.com/alerts/us-supreme-court-makes-landmark-ruling-on-employment-discrimination-protections-for-gay-lesbian-and-transgender-employees/) - On June 15, 2020, the United States Supreme Court held the Title VII federal law prohibition of employment discrimination because of sex, extends to gay, lesbian, and transgender employees. Thus, adverse action against employees because of their sexual orientation or identity is barred in all 50 states.
- [COVID 19: UK Issues New Travel Rules Effective June 8](https://www.gibney.com/alerts/covid-19-uk-issues-new-travel-rules-effective-june-8/) - The United Kingdom has issued new rules for travelers entering or returning to the country on or after Monday, June 8, 2020. This requirement will apply to British citizens, residents of the UK, and international visitors entering for business or tourism. Travelers are encouraged to check the latest public health advice on coronavirus before travel or upon arrival in the UK.
- [USCIS to Reinstate Premium Processing Service](https://www.gibney.com/alerts/uscis-to-reinstate-premium-processing-service/) - On May 29, 2020, USCIS announced that it intends to reinstate premium processing service for eligible I-129 petitions and I-140 petitions in stages over the next few months. Premium processing service was suspended March 20, 2020 due to the coronavirus pandemic.
- [USCIS Preparing to Reopen Offices for Public Services Starting June 4](https://www.gibney.com/alerts/uscis-preparing-to-reopen-offices-for-public-services-starting-june-4/) - USCIS announced that it will resume public non-emergency services at some local offices within the United States commencing Thursday, June 4, 2020. The number of appointments and interviews at reopened offices will be limited to facilitate social distancing.
- [Canada Expedites Process for Temporary Foreign Workers to Start New Jobs](https://www.gibney.com/alerts/canada-expedites-process-for-temporary-foreign-workers-to-start-new-jobs/) - As the unprecedented circumstances surrounding the outbreak of COVID-19 continue to evolve, Immigration, Refugees and Citizenship Canada announced a new policy to significantly reduce the time it takes for a temporary foreign worker to start a new job in Canada. The policy is effective immediately
- [Travel Restrictions from Canada and Mexico Extended](https://www.gibney.com/alerts/travel-restrictions-from-canada-and-mexico-extended/) - On May 19, 2020, the Secretary of Homeland Security extended the suspension of entry of certain persons traveling to the U.S. from Canada and Mexico through land ports of entry. The travel restriction will remain in place through 11:59 pm ET on June 22, 2020.
- [Updated EEOC Guidance on Covid-19 and the ADA: What Employers Need to Know](https://www.gibney.com/alerts/updated-eeoc-gupdated-guidance-on-covid-19-and-the-ada-what-employers-need-to-know/) - On Tuesday May 5, 2020, the United States Equal Employment Opportunity Commission (EEOC) further updated its Technical Assistance Questions and Answers about COVID-19, the American with Disabilities Act (ADA) and other EEO laws. The latest EEOC update focuses on accommodating an employee with an underlying medical condition that may place the employee at greater risk from COVID-19.
- [USCIS Offers Limited Flexibility to Meet Response Deadlines](https://www.gibney.com/alerts/uscis-offers-limited-flexibility-to-meet-response-deadlines/) - On May 1, 2020, U.S. Citizenship and Immigration Services (USCIS) announced flexibility for applicants and petitioners to meet certain government response deadlines. Response deadline flexibility applies to certain documents if the issuance date listed on the request, notice or decision is between March 1 and July 1, 2020.
- [Reopening of USCIS Offices Postponed to at least June 4](https://www.gibney.com/alerts/reopening-of-uscis-offices-postponed-to-at-least-june-4/) - Due to the impact of COVID-19, USCIS temporarily suspended all in-person services, including interviews and biometrics collection, at its field and asylum offices and application support centers on March 18, 2020. USCIS announced that it is now preparing to reopen its offices on or after June 4.
- [COVID-19: U.S., Mexico and Canada: Temporary Travel Restrictions for Land Ports of Entry & Ferry Service](https://www.gibney.com/alerts/covid-19-u-s-mexico-and-canada-temporary-travel-restrictions-for-land-ports-of-entry-ferry-service/) - The United States reached mutual agreements with Canada and Mexico to limit non-essential travel at land Ports of Entry and ferry terminals to reduce the spread of COVID-19. The restrictions do not apply to air travel.
- [President Trump Announces Intent to Suspend Immigration to U.S.](https://www.gibney.com/alerts/president-trump-announces-intent-to-suspend-immigration-to-u-s/) - Last evening, President Trump announced his intent to issue an executive order suspending all immigration to the United States. The announcement was made via Twitter, and offered few details. President Trump cited “the Invisible Enemy” – presumably, the coronavirus – and the need to protect jobs for U.S. citizens.
- [COVID-19:  USCIS Guidance for Extending/Changing Status During Pandemic](https://www.gibney.com/alerts/covid-19-uscis-guidance-for-extending-changing-status-during-pandemic/) - The coronavirus pandemic presents unique challenges for foreign nationals in the U.S. who have status expiration dates approaching. Many of these individuals are unable to depart the U.S. due to travel restrictions and health concerns, while others may face obstacles to filing applications to extend status while in the U.S. These existing measures are available in these instances.
- [USPTO Issues Patent and Trademark Filing Deadline Extensions](https://www.gibney.com/alerts/uspto-issues-patent-and-trademark-filing-deadline-extensions/) - The United States Patent and Trademark Office (USPTO) is providing extensions to file certain patent and trademark-related documents and pay required fees as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act.
- [IRS Employee Retention Credit: What Employers Need to Know](https://www.gibney.com/alerts/irs-employee-retention-credit/) - The Internal Revenue Service launched the Employee Retention Credit to encourage businesses to keep employees on their payroll. The refundable tax credit is 50% of up to $10,000 in wages paid by an eligible employer whose business has been financially impacted by COVID-19.
- [Of Cash, Counterfeits and Technology](https://www.gibney.com/alerts/of-cash-counterfeits-and-technology/) - While conducting online enforcement on behalf of our clients, we have noticed that sellers now tend to post more during the weekend than in the past (real work takes precedence). Sellers are now more prevalent on these platforms in the western half of the country. In reviewing images, sellers appear to be enjoying the outdoors without significant social distance. However, they will not sell in person. Many have shifted to mailing product (even locally) with tracking numbers and securing payment through a variety of person to person payment options; again using technology to enhance their efforts.
- [New York Permits Remote Witnessing and Notarization of Estate Planning Documents](https://www.gibney.com/alerts/new-york-permits-remote-witnessing-and-notarization-of-estate-planning-documents/) - On April 7, Governor Cuomo issued an executive order allowing the act of witnessing estate planning document required under New York State laws to be done using audio video technology. This expands the executive order issued on March 19, 2020 permitting remote notarization.
- [New York State Tax Deadline Extended to July 15](https://www.gibney.com/alerts/new-york-state-tax-deadline-extended-to-july-15/) - New York State has extended the deadline for personal income tax and corporation tax returns from April 15, 2020 to July 15, 2020. This is in keeping with the federal tax deadline which was extended to July 15. This extension applies to individuals, fiduciaries (estate and trusts) and corporations. Taxpayers will be allowed to defer all related payments due on April 15, 2020 to July 15, 2020, without penalties and interest.
- [COVID-19 Travel: India Travel Restrictions and Evacuation Procedures](https://www.gibney.com/alerts/covid-19-travel-india-travel-restrictions-and-evacuation-procedures/) - The India Government continues to implement new travel restrictions due to the COVID-19 pandemic. The following are guidelines for commercial flights and evacuation procedures for citizens of other countries who are in India.
- [FY 2021 H-1B Cap Filing Period Opens](https://www.gibney.com/alerts/fy-2021-h-1b-cap-filing-period-opens/) - U.S. Citizenship and Immigration Services announced that H-1B cap-subject petitions for fiscal year (FY) 2021 may now be filed with USCIS if based on a valid selected registration.
- [CARES Act: Retirement Plan Distributions and Loans Provisions for Employers](https://www.gibney.com/alerts/cares-act-retirement-plan-distributions-and-loans-provisions-for-employers/) - On March 27, 2020, Congress enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Employees may be inquiring about whether they can receive distributions or loans from the company's 401(k) plan to confront financial challenges resulting from the COVID-19 virus. The CARES Act includes several provisions regarding 401(k) distributions and loans that employers may wish to consider.
- [Visa Appointments at U.S. Embassy and Consulates in India Cancelled ](https://www.gibney.com/alerts/visa-appointments-at-u-s-embassy-and-consulates-in-india-cancelled/) - On March 13, 2020, the U.S. Department of State announced that the U.S. Embassy and Consulates in India are cancelling all visa appointments scheduled on or after March 16, 2020 due to the COVID-19 pandemic. The U.S. Department of State has not provided a date by when they expect to resume regular consular operations.
- [Online Safety: Avoiding Counterfeit COVID-19 Testing Kits](https://www.gibney.com/alerts/online-safety-avoiding-counterfeit-covid-19-testing-kits/) - Almost as if on cue, as the United States ramps up testing and containment measures, US Customs and Border Protection (CBP) announced its first seizure of counterfeit COVID-19 test kits at the Los Angeles Airport International Mail Facility. The seizure took place on March 12 and involved vials which had been manifested as innocuous purified water vials. This alert reviews best practices for protecting against counterfeit pharmaceutical products.
- [The Federal Families First Coronavirus Act: What Employers Need to Know](https://www.gibney.com/alerts/federal-families-first-coronavirus-act-now-in-effect-what-employers-need-to-know/) - The Federal Families First Coronavirus Act was signed into law on March 18, 2020 and is set to become effective on April 2. The two sections of the FFCA that will have the most direct impact on employers are Division C Emergency Family and Medical Leave Expansion Act and Division E Emergency Paid Sick Leave Act.
- [I-9 “In-Person” Requirement Relaxed During Pandemic](https://www.gibney.com/alerts/i-9-in-person-requirement-relaxed-during-pandemic/) - During the 2020 coronavirus pandemic, DHS has relaxed the “in-person” review requirements associated with the Form I-9 process for certain employers on a remote working schedule. All other Form I-9 process rules remain in effect, meaning that remote-working employers must still complete Form I-9 within three (3) business days following an employee’s first day of work.
- [IRS Filing and Payment Deadline Extended to July 15, 2020: What this Means for Individuals and Corporations](https://www.gibney.com/alerts/irs-filing-and-payment-deadline-extended-to-july-15-2020-what-this-means-for-individuals-and-corporations/) - The Treasury Department and Internal Revenue Service have extended the federal income tax filing due from April 15, 2020, to July 15, 2020. The payment deadline was also extended to July 15, 2020.
- [Counterfeits in the Age of COVID-19: Online Best Practices](https://www.gibney.com/alerts/counterfeits-in-the-age-of-covid-19-online-best-practices/) - As the COVID-19 pandemic spreads throughout the corners of the world, people rush to complete shopping and stock pantries and medicine cabinets by shopping online. In their haste and sometime desperation, individuals become easy targets for fraudsters and counterfeiters. Now more than ever offers stark examples of why counterfeiters always seek to profit from human misery and show no regard for the fragility of human life.
- [New York Emergency Sick Leave Law: What Employers Need to Know](https://www.gibney.com/alerts/new-york-emergency-sick-leave-law-what-employers-need-to-know/) - New York employers must be aware of the New York emergency sick leave law which was enacted on March 18. The New York law took immediate effect. The New York law provides emergency sick leave and job protection to employees subject to orders of quarantine or isolation issued by an authorized, state, county, or local governmental entity.
- [COVID-19 Travel Restrictions: India](https://www.gibney.com/alerts/covid-19-travel-restrictions-india/) - India has issued new travel restrictions due to the COVID-19 pandemic. The following are guidelines for foreign nationals traveling to India. Effective March 23, 2020 and until March 29, 2020, no incoming scheduled international commercial passenger aircraft will be allowed to land and disembark passengers in India.
- [H-1B Initial Electronic Registration Selection Process Completed](https://www.gibney.com/alerts/h-1b-initial-electronic-registration-selection-process-completed/) - Today USCIS announced that it received enough electronic registrations during the initial registration period to reach the FY 2021 H-1B cap. A random selection (lottery) was conducted from the registrations properly submitted.
- [USCIS FY 2021 H-1B Cap Update](https://www.gibney.com/alerts/uscis-fy-2021-h-1b-cap-update/) - The electronic registration period for the fiscal year 2021 (FY 2021) H-1B cap season successfully concluded on March 20, 2020. USCIS intends to notify employers and their legal representatives of lottery results no later than March 31, 2020.
- [Zarina Syed Chairs Business Immigration Update 2019 Event](https://www.gibney.com/events/zarina-syed-chairs-business-immigration-update-2019-event/) - Immigration Senior Counsel Zarina H. Syed is the Program Chair for the New York State Bar Association's upcoming Business Immigration Update 2019 program. The event is sponsored by the Special Committee on Immigration Representation and the Committee on Continuing Legal Education. The program will take place on Friday, November 8, 2019 from 9:00 AM - 4:30 PM.
- [Zarina Syed to Discuss Immigration Basics with Emerging Businesses](https://www.gibney.com/events/zarina-syed-to-discuss-immigration-basics-with-emerging-businesses/) - Zarina Syed will discuss immigration basics at the Grow to Market 2019 program on October 4. She will focus on key issues for entrepreneurs including common U.S. work visa categories and recent policy changes. Innovestor’s Grow to Market supports emerging Finnish companies planning to establish their business in the U.S.
- [Gibney San Francisco is Moving](https://www.gibney.com/firm_news/gibney-san-francisco-is-moving/) - Gibney is pleased to announce that our San Francisco office is relocating. Starting Monday, March 9, 2020 our new location will be 220 Montgomery Street, Suite 810, San Francisco, CA 94104.
- [SHOP Safe Act of 2020: Making E-Commerce Companies Liable for Counterfeits](https://www.gibney.com/alerts/shop-safe-act-of-2020-making-e-commerce-companies-liable-for-counterfeits/) - The House of Representatives recently introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-commerce (SHOP Safe) Act of 2020. The bipartisan bill incentivizes e-commerce platforms to adopt best practices to reduce the presence of counterfeit products on their sites. E-commerce sites that fail to adhere to the steps would be held liable.
- [Brian Brokate Recognized as Leading IP Attorney in World Trademark Review 1000](https://www.gibney.com/firm_news/brian-brokate-recognized-as-leading-ip-attorney-in-world-trademark-review-1000/) - Gibney’s Intellectual Property Chair Brian Brokate has been recognized in the 2020 edition of World Trademark Review 1000: The World’s Leading Trademark Professionals. Brian is listed as a leading attorney in New York.
- [Gibney Immigration Attorneys and Practice Named in The Best Lawyers in America©](https://www.gibney.com/firm_news/gibney-immigration-attorneys-and-practice-named-in-the-best-lawyers-in-america/) - Gibney attorneys Stephen Maltby and Houman Afshar were recognized in the 2020 edition of The Best Lawyers in America© in the field of immigration law. Gibney was also recognized as a top firm for immigration in New York. Published in 1982, The Best Lawyers in America© is one of the oldest and most respected peer review publications
- [New York State to Sue Trump Administration over Traveler Program Ban](https://www.gibney.com/alerts/new-york-state-to-sue-trump-administration-over-traveler-program-ban/) - Two days after the Trump Administration banned New York residents from participating in Trusted Traveler Programs (TTPs), New York State’s Attorney General Letitia James announced that the state will respond with legal action. Calling the Trump Administration’s action “political retribution, plain and simple” James announced that the state will sue the Department of Homeland Security (DHS) for unfair targeting of New York residents.
- [Trump Administration Bans New York Residents from Trusted Traveler Programs](https://www.gibney.com/alerts/trump-administration-bans-new-york-residents-from-trusted-traveler-programs/) - On February 5, 2020, the U.S. Department of Homeland Security (DHS) announced that New York residents will no longer be eligible to apply or re-apply for several Trusted Traveler Programs (TTPs), which serve to expedite travel screening and entry to the U.S. at major airports nationwide.
- [Treaty Termination Ends E Visa Eligibility for Iranian Nationals](https://www.gibney.com/alerts/treaty-termination-ends-e-visa-eligibility-for-iranian-nationals/) - USCIS has announced that Iranian nationals are no longer eligible for E-1 treaty trader and E-2 treaty investor changes or extensions of status based on the treaty. This is a result of the U.S. termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran.
- [U.S. Supreme Court Allows DHS to Implement Public Charge Rule](https://www.gibney.com/alerts/u-s-supreme-court-allows-dhs-to-implement-public-charge-rule/) - The U.S. Supreme Court granted the Trump administration’s request to lift the last remaining nationwide injunction blocking implementing of its public charge rule. The new public charge rule is much more restrictive than current policy and adjudicators will have substantial discretion in making public charge determinations. This may result in even longer processing times to adjudicate cases, inconsistent decisions and increased denials of applications on public charge grounds.
- [New Form I-9 Published on January 31, 2020: Next Steps for Employers](https://www.gibney.com/alerts/new-form-i-9-published-on-january-31-2020-next-steps-for-employers/) - USCIS has published the latest version of Form I-9. Employers should begin using the new version starting January 31, 2020. The notice provides employers additional time to make necessary updates and adjust their business processes. Employers may continue using the 2017 version until April 30, 2020.
- [USCIS Resumes Limited Premium Processing for H-1Bs](https://www.gibney.com/alerts/uscis-resumes-limited-premium-processing-for-h-1bs/) - The U.S. Citizenship & Immigration Services (USCIS) has indicated that it will resume Premium Processing on Tuesday, February 19, 2019 for pending H-1B petitions filed on or before December 21, 2018. Premium Processing ensures expedited adjudication of petitions within a 15 calendar day processing time frame.
- [Gibney Attorneys Author Article on Executive Transfers to the United States](https://www.gibney.com/firm_news/gibney-attorneys-author-article-on-executive-transfers-to-the-united-states/) - Gerald J. Dunworth, Meredith M. Mazzola and Shai Dayan co-authored the article “Executive transfers to the United States: planning and avoiding pitfalls.” The article looks at the main considerations when an executive is transferred to the US, including global compensation packages, securing visas for executives and their spouses, tax planning, retirement benefits, housing costs, expat protection, permanent residence and repatriation. The article appears in Practical Law’s Private Client Guide.
- [Estate Planning Basics for Families with Young Children](https://www.gibney.com/alerts/estate-planning-basics-for-families-with-young-children/) - Setting up an estate plan is essential for families with young children. This report covers Special Considerations for Choosing a Guardian for Your Children, Divorced Parents and Blended Families, Disability Planning and Powers of Attorney, Financial Planning, Wills and Revocable Living Trusts.
- [Keeping Up With The Ever-Changing Estate Tax](https://www.gibney.com/alerts/keeping-up-with-the-ever-changing-estate-tax/) - Whether or not you think your estate will be affected by the changes in the tax law, it is essential that you have an estate plan in place. Tax planning is just one small portion of a comprehensive estate plan. An estate plan brings certainty and stability to the lives of your loved ones. It gives them direction for how your assets are to be managed, allows you to decide who will care for your minor children and to have a plan in place for providing for your children.
- [Planning It Right the Second Time Around](https://www.gibney.com/alerts/planning-it-right-the-second-time-around/) - Each blended family is unique. Each couple has its own set of goals to accomplish. Proper estate planning can tailor a solution to help meet those goals. A qualified estate planning attorney can help you decide upon a plan that fits your unique situation.
- [What Every Senior Should Know About Probate](https://www.gibney.com/alerts/what-every-senior-should-know-about-probate/) - Just what is probate? Living probate is a legal process that determines your fate when you cannot, generally because you’ve been disabled by injury, illness, or mental incapacity. Death probate is the process that disposes of your estate after you die. Having a will virtually guarantees that your estate will go through probate. While probate attorneys might be happy with these definitions, trust attorneys would draw your attention to all the problems that come with probate: red tape, expense, publicity, delay, loss of control, and in the case of living probate, potential for personal humiliation.
- [The Trouble with Joint Tenancy](https://www.gibney.com/alerts/the-trouble-with-joint-tenancy/) - Although Joint Tenancy offers some short-term conveniences, in the long run it poses a host of problems that can cost you and your loved ones many times the expense and headaches you thought you were avoiding.
- [Where There's a Will, There's a Probate](https://www.gibney.com/alerts/where-theres-a-will-ther/) - Many Americans think that passing on their worldly goods is a simple proposition: they write out their final wishes, then, someone ensures that their wishes are carried out. Unfortunately, wills require probate, and in many states, there’s nothing simple about probate. It’s usually a highly technical, complicated and bureaucratic process that can drown your heirs in a sea of red tape. There are exceptions, however. In some states, small estates may be eligible for short-form probate. See your estate planning attorney to learn how your state’s probate rules will affect your estate.
- [Getting the Most Out of Your Life Insurance](https://www.gibney.com/alerts/getting-the-most-out-of-your-life-insurance/) - Many of us put off purchasing life insurance critical element in our family’s financial planning, which may have devastating consequences on loved ones. You probably know why life insurance is so important. Young families need it to replace part of a breadwinner’s income. Mature Americans find it provides their heirs with a source of funds to pay estate taxes. Investors have discovered that innovative insurance products help them build cash value, tax deferred, for long-term goals like retirement. Buying life insurance may be only part of the solution. Without proper planning, it can actually add to your estate tax bill.
- [Charity Begins at Home](https://www.gibney.com/alerts/charity-begins-at-home/) - Whether you are a budding philanthropist looking for the best way to contribute to society, or an investor looking for strategies to maximize income and tax breaks, the Charitable Remainder trust offers a powerful solution to your needs. It combines current charitable income tax deductions and future estate tax deductions with the opportunity to avoid capital gains tax on a highly appreciated asset. It then goes one step further to provide you with a new source of income.
- [Ellen Poreda and Stephen Maltby Co-Author Chapter on U.S. Immigration](https://www.gibney.com/firm_news/ellen-poreda-and-stephen-maltby-co-author-chapter-on-u-s-immigration/) - Immigration Partners Ellen Poreda and Stephen Maltby co-authored the United States chapter of The Corporate Immigration Review. The chapter provides an introduction to the U.S. immigration framework and a year in review. The Corporate Immigration Review is a guide summarizing key immigration issues from some of the world's leading immigration lawyers.
- [Estate Planning: Frequently Asked Questions](https://www.gibney.com/alerts/estate-planning-frequently-asked-questions/) - A solid, effective estate plan ensures that your heard-earned wealth will pass intact to those you intend to be your beneficiaries. This provides an overview of the benefits of creating an estate plan, the difference between a living will and trust, and best practices for establishing a living trust.
- [Choosing A Living Trust](https://www.gibney.com/alerts/7318/) - The desire to ensure that an heir is provided for materially is the most common reason for creating a Living Trust. With a Living Trust, your designated trustee takes over management of trust property and must manage it according to your explicit instructions in the trust document. This article is a review of the benefits for choosing a Living Trust including maintaining control, managing assets and reducing tax burdens,
- [Asset Protection](https://www.gibney.com/alerts/asset-protection/) - In the face of litigation, there are proven strategies that will ethically preserve your wealth. Your most powerful weapons will be a variety of estate planning tools, including the Family Limited Partnership, the Irrevocable Life Insurance Trust, the Children’s Trust, and Foreign Asset Protection Trusts.
- [Family Wealth Trust](https://www.gibney.com/alerts/family-wealth-trust/) - Focusing on complete “legacy planning” causes something more than a simple or bare bones Living Trust to be needed by most families. This special report details what a Family Wealth Trust can do for you and your family. Topics include why to choose a Family Trust, avoiding probate, maintaining control, managing assets, and advantages and disadvantages to consider.
- [Brian Brokate and Maja Szumarska Co-author Chapter on Anticounterfeiting Enforcement](https://www.gibney.com/alerts/brian-brokate-and-maja-szumarska-co-author-chapter-on-anticounterfeiting-enforcement/) - Brian Brokate and and Maja Szumarska co-authored a chapter in PLI’s course handbook for the program Intellectual Property Law Institute 2018 on October 9, 2018. Their chapter is titled "Anticounterfeiting Enforcement 2018: Developing Trends in Enforcement and Remedies: What’s New in Civil, Criminal and Government Actions."
- [Are Dress Codes and Grooming Policies a Source of Potential Liability for Employers?](https://www.gibney.com/alerts/are-dress-codes-and-grooming-policies-a-source-of-potential-liability-for-employers/) - Over the years, many employers have used employee grooming and dress policies to project a desired image in the marketplace. While much of corporate America has relaxed employee dress codes in recent years, many employers in the fashion industry continue to use such policies to project a desired image. Recently, state and local governments have passed new laws and increased enforcement of existing laws to protect employees from discrimination based on race or gender identity or expression in the workplace.
- [Plan Now for H-1B Cap Registration](https://www.gibney.com/alerts/plan-now-for-h-1b-cap-registration/) - USCIS formally confirmed that it will implement its new electronic registration process for the fiscal year (FY) 2021 H-1B cap season. The initial registration period will run from March 1 through March 20, 2020. This alert reviews what is new this year and what employers can do now to prepare.
- [Brian Brokate and Angelo Mazza to Speak at Intellectual Property Rights Enforcement 2020](https://www.gibney.com/events/brian-brokate-and-angelo-mazza-to-speak-at-intellectual-property-rights-enforcement-2020/) - Brokate and Angelo E.P. Mazza will speak at the Practising Law Institute’s Intellectual Property Rights Enforcement 2020 event. Angelo will lead the first panel on Current Government IP Enforcement Programs. Brian will speak on the Anticounterfeiting Update panel. The event will be held on January 16, 2020.
- [U.S. Trade Agreement with Mexico and Canada Advances](https://www.gibney.com/alerts/u-s-trade-agreement-with-mexico-and-canada-advances/) - Today House Speaker Nancy Pelosi announced that Democrats in the U.S. House of Representatives reached an agreement with the administration to proceed with a modified version of the United States-Mexico-Canada Agreement (USMCA). The modifications relate to additional protective measures for labor and the environment, among others.
- [USCIS To Implement H-1B Electronic Registration Process for FY2021 Cap Season](https://www.gibney.com/alerts/uscis-will-implement-h-1b-electronic-registration-process-for-fy2021-cap-season/) - U.S. Citizenship and Immigration Services announced it will implement the new electronic registration process for the fiscal year (FY) 2021 H-1B cap lottery. Employers intending to file H-1B cap-subject petitions under next year’s cap will be required to first electronically register each intended beneficiary and pay the associated $10 H-1B registration fee.
- [New EB-5 Program Rules Start November 21: What To Expect](https://www.gibney.com/alerts/new-eb-5-program-rules-start-november-21-what-to-expect/) - U.S. Citizenship and Immigration Services has made significant changes to the Immigrant Investor Program (EB-5) through their establishment of new EB-5 modernization regulations. The new EB-5 regulations will take effect November 21, 2019. Investors seeking to be “grandfathered” in under the old rules must file an I-526 petition with USCIS before the new regulation’s effective date.
- [DHS Finalizes H-1B Cap Registration Fee](https://www.gibney.com/alerts/dhs-finalizes-h-1b-cap-registration-fee/) - The U.S. Department of Homeland Security published a final rule that will require employers to pay a $10 non-refundable fee for each H-1B cap registration submitted, once the electronic registration system is implemented. The final rule is effective December 9, 2019.
- [Brian Brokate Recognized in Who’s Who Legal Trademarks](https://www.gibney.com/firm_news/brian-brokate-recognized-in-whos-who-legal-trademarks/) - Brian Brokate was recognized in Who’s Who Legal: Trademarks 2019. WWL: Trademarks highlights leading trademarks lawyers who are recognized for their broad-ranging expertise across the field of trademark law, assisting clients of all sizes with a wide range of matters, including prosecution, enforcement, portfolio management and dispute resolution. Brian is head of Gibney’s Intellectual Property
- [Violeta Petrova and Ruby Li to Speak on Business Visa Trends](https://www.gibney.com/events/violeta-petrova-and-ruby-li-on-visa-trends-at-cultural-vistas/) - Immigration attorneys Violeta Petrova and Ruby Li will speak at the annual staff retreat of Cultural Vistas on November 5. Cultural Vistas is an organization that provides J-1 sponsorship for interns and trainees. Violeta and Ruby will discuss business visa classifications and current trends.
- [David Johnson Partners to Discuss Immigration at Entrepreneurs Roundtable Accelerator](https://www.gibney.com/events/david-johnson-partners-to-discuss-immigration-at-entrepreneurs-roundtable-accelerator/) - David Johnson is partnering with Entrepreneurs Roundtable Accelerator on November 8. ERA Global helps global startups enter the US market through acceleration programs at ERA’s New York City offices.
- [Gibney Expands Immigration Group with Senior Counsel Kristen Heckman](https://www.gibney.com/firm_news/gibney-expands-immigration-group-with-senior-counsel-kristen-heckman/) - Gibney continues to grow its Immigration Group with the addition of Senior Counsel Kristen Heckman. Kristen has over 10 years of experience focusing on the immigration counseling of Fortune 500 corporations.
- [Angelo Mazza Speaks on Customs and Border Protection Strategies](https://www.gibney.com/events/angelo-e-p-mazza-to-speak-on-customs-and-border-protection-strategies/) - Angelo Mazza spoke at the IQPC 21st annual Anti-Counterfeiting and Brand Protection Summit on January 28, 2019. His workshop was titled “Customs and Border Protection: Combating Cross-Border Trade in Counterfeit Goods.
- [IP Partner Angelo Mazza Spoke at IQPC 20th Anti-Counterfeiting & Brand Protection Summit](https://www.gibney.com/events/ip-partner-angelo-mazza-to-speak-at-iqpc-20th-anti-counterfeiting-brand-protection-summit/) - IP Partner Angelo Mazza spoke at the IQPC 20th Anti-Counterfeiting & Brand Protection Summit from January 29-31, 2018 in San Francisco. The event brought together brand leaders, customs officials, law enforcement and legal counsel to discuss best practices and strategies for fighting counterfeiters. Angelo serves on IQPC's 2018 Advisory Board.
- [Gibney Supports British American Business Foundation Scholarship Awards](https://www.gibney.com/pro-bono-outreach/gibney-supports-british-american-business-foundation-scholarship-awards/) - Gibney is a sponsor of the British American Business Foundation, the charitable arm of BritishAmerican Business. The BritishAmerican Business Scholarship Awards is dedicated to providing economically disadvantaged high-school students, who have an exceptional track record of academic achievement and community leadership, with potentially life-changing, cross-cultural educational opportunities. For the tenth straight year, the Foundation has sent outstanding students from high schools in and around New York City to the ACS Cobham International School in Surrey.
- [Brian Brokate Discusses Emerging Trends in Privacy Law at IGAL](https://www.gibney.com/events/brian-brokate-discusses-emerging-trends-in-privacy-law-at-igal/) - Brian Brokate spoke on Emerging Trends in Privacy Law in the United States at the Intercontinental Grouping of Accountants and Lawyers (IGAL) in Frankfurt, Germany from September 23-28. Brian was also reelected to IGAL’s Board of Directors for another three year term. He will serve as Secretary and director of North American recruitment.
- [Form I-9 Expires August 31](https://www.gibney.com/alerts/form-i-9-expires-august-31/) - The current version of Form I-9 expires on August 31, 2019. The Department of Homeland Security has issued guidance instructing employers to continue to use the current version of Form I-9 until further notice.
- [David Johnson to Discuss Immigration for Emerging Businesses at USA Bootcamp in Finland](https://www.gibney.com/events/david-johnson-to-discuss-immigration-for-emerging-businesses-at-usa-bootcamp-in-finland/) - Immigration Partner David Johnson will discuss U.S. visa issues at the USA Bootcamp in Helsinki, Finland on August 29. This event is for emerging Finnish companies who are interested in establishing a business in the U.S. David will address U.S. immigration basics and common U.S. work visa categories.
- [Gibney Supports LSA Family Health Service](https://www.gibney.com/pro-bono-outreach/gibney-supports-lsa-family-health-service/) - Gibney is hosting a healthy snack drive to support an after-school program through LSA Family Health Service. LSA is a nonprofit organization that offers programs to underserved families and young children in East Harlem.
- [Zarina H. Syed to Speak on U.S. Employment-Based Immigration in Stockholm](https://www.gibney.com/events/zarina-h-syed-to-speak-on-u-s-employment-based-immigration-in-stockholm/) - Senior Counsel Zarina H. Syed will speak at the event “Your Gateway to the U.S.” on August 21 presented by The Swedish-American Chamber of Commerce, New York. Zarina will address U.S. employment-based immigration matters for both startups and established companies including E-2 and L-1 visa options, among others.
- [USCIS Publishes Final Rule Altering the EB-5 Immigrant Investor Program](https://www.gibney.com/alerts/uscis-publishes-final-rule-altering-the-eb-5-immigrant-investor-program/) - U.S. Citizenship and Immigration Services published a final rule making significant changes to the employment-based, fifth preference (EB-5) immigrant investor classification and associated regional centers. The EB-5 program permits individuals to apply for permanent residence in the U.S. if they make the necessary investment in a new commercial enterprise in the U.S. and create 10 full-time jobs for qualified U.S. workers. Regional Centers are economic enterprises designated by USCIS for participation in the Immigrant Investor Program. The new rule will take effect November 21, 2019.
- [After August 3, 2019 All Foreign Trademark Applicants Will Be Required To Appoint A Licensed U.S. Attorney](https://www.gibney.com/alerts/after-august-3-2019-all-foreign-trademark-applicants-will-be-required-to-appoint-a-licensed-u-s-attorney/) - The United States Patent and Trademark Office announced a new rule that all trademark applicants and registrants whose domicile or principal place of business is not located within the United States must be represented by an attorney licensed in the United States. This rule becomes effective on August 3, 2019. Foreign filers using a TEAS Plus application, the most popular application used by foreign filers, will be unable to submit the application unless the filer completes the section designating a qualified US attorney as the applicant's represent
- [The New Tax Proposals](https://www.gibney.com/alerts/tax-alert-new-tax-proposals-compare/) - The Senate issued its version of the tax proposal on Thursday, the same day that the House Ways and Means committee approved their version. The Senate and House proposals share many similarities and there are certain key items that differ between the proposals that will require further deliberations. This summary provides an overview of the key items in each proposal.
- [Reminder: Canada New Electronic Travel Authorization (eTA) Program](https://www.gibney.com/alerts/global-immigration-alert-reminder-canada-new-electronic-travel-authorization-eta-program/) - In 2015, Citizenship and Immigration Canada (“CIC”) introduced an Electronic Travel Authorization (“eTA”) Program. The eTA program objective is to establish a uniform process to screen visa-exempt foreign nationals prior to travel to Canada, in order to identify security threats prior to arrival in North America. The eTA program is modelled after the Electronic System for Travel Authorization (“ESTA”), which applies to foreign nationals who enter the U.S. under the Visa Waiver Program. The government-authorized transition period that allows travelers to board their flight without an eTA ends November 9, 2016.
- [Canada New Electronic Travel Authorization (eTA) Program Announced](https://www.gibney.com/alerts/global-immigration-alert-canada-new-electronic-travel-authorization-eta-program-announced/) - On August 1, 2015, Citizenship and Immigration Canada will introduce an Electronic Travel Authorization (eTA) Program. The eTA program objective is to establish a uniform process to screen visa-exempt foreign nationals prior to travel to Canada, in order to identify security threats prior to arrival in North America.
- [David Johnson Speaks on Emerging Business Issues](https://www.gibney.com/events/david-johnson-and-stephen-millington-speak-on-emerging-business-issues/) - David Johnson spoke at a joint presentation with Innovation Norway and Nordic Innovation House. The presentation focused on key legal issues for Nordic companies to consider when establishing a presence in the United States.
- [U.S. Employment Visa Seminar: Obtaining and Extending Work Visas in the Trump Era](https://www.gibney.com/events/u-s-employment-visa-seminar-obtaining-and-extending-work-visas-in-the-trump-era/) - Immigration attorneys David Johnson, Jennifer Bennett and Rubi Li will give the presentation "U.S. Employment Visa Seminar: Obtaining and Extending Work Visas in the Trump Era." The discussion is focused on employment-based visa options, the Trump Administration's latest immigration proposals and its impact on U.S. immigration.
- [FY 2020 H-1B Cap Data Entry Completed](https://www.gibney.com/alerts/fy-2020-h-1b-cap-data-entry-completed/) - United States Citizenship and Immigration Services has announced that its completed data entry for the H-1B cap-subject petitions filed during the Fiscal Year 2020 filing period. It will now begin returning all H-1B cap-subject petitions that were not selected and will issue an announcement once notification of rejections has been completed.
- [Angelo Mazza to Moderate INTA Panel on Working with Millennials](https://www.gibney.com/events/angelo-mazza-to-moderate-inta-panel-on-working-with-millennials/) - Intellectual Property Partner Angelo Mazza is moderating a Table Topic at INTA’s 2019 Annual Meeting in Boston, MA. His session “Working with Millennials: Are They Really That Different?” will take place on May 18. This will be a deep dive into issues facing law firms as more millennials join firms and the conflicts that sometimes arise between generations.
- [Houman Afshar to Present Immigration Basics](https://www.gibney.com/events/houman-afshar-to-present-immigration-basics/) - Immigration Partner Houman Afshar will present “Immigration Basics” to the Human Resources Professionals in Hospitality Group on May 16. Houman will discuss nonimmigrant vs. immigrant visas, common status documents and steps to permanent residence.
- [Stephen Maltby Profiled for Work with British American Business Foundation](https://www.gibney.com/pro-bono-outreach/stephen-maltby-profiled-for-work-with-british-american-business-foundation/) - Immigration Chair Stephen Maltby was profiled in the ACS International Schools Relocation Newsletter. Stephen discusses the shift in the approach to U.S. immigration policy. Stephen also discusses his work as Chairman of the British American Business Foundation and the ACS British Studies Summer Programme.
- [Gibney Participates in NY Mega Naturalization Workshop](https://www.gibney.com/pro-bono-outreach/gibney-participates-in-ny-mega-naturalization-workshop/) - Gibney participated in an inaugural NY Mega Naturalization Workshop at the Bronx Zoo hosted by the New Americans Campaign and New York Cares. The all-day event which included naturalization screenings and completing citizenship applications and fee waiver requests. With over 300 participants, this was the largest citizenship clinic New York Cares has hosted.
- [Gibney Joins New York Cares Annual Coat Drive](https://www.gibney.com/pro-bono-outreach/9658/) - Gibney organized a coat drive for the 30th New York Cares Coat Drive this holiday season. Gibney employees participate in the coat drive every year to help New Yorkers in need. The Coat Drive is a city-wide effort run by New York Cares which aims to collect over 100,000 coats each year and distribute them to New Yorkers who need them most.
- [FY2020 H-1B Cap Reached and Lottery Conducted](https://www.gibney.com/alerts/fy2020-h-1b-cap-reached-and-lottery-conducted/) - On April 11, 2019, United States Citizenship and Immigration Services confirmed that the agency received 201,011 H-1B cap-subject petitions during the Fiscal Year (FY) 2020 filing period (April 1 to April 5, 2019). USCIS also announced that it conducted the lottery for the regular H-1B cap of 65,000 petitions and the U.S. advanced degree H-1B cap of 20,000 petitions.
- [Premium Processing Service For H-1B Petitions: Update](https://www.gibney.com/alerts/premium-processing-service-for-h-1b-petitions/) - On March 12, 2019, USCIS reinstated premium processing service for H-1B petitions. On March 13, USCIS clarified that the announcement was not specific to FY 2020 H-1B cap petitions, and that the government will address these filings in a separate announcement.
- [United Kingdom to Expand ePassport Gate Program](https://www.gibney.com/alerts/united-kingdom-to-expand-epassport-gate-program/) - Commencing June 1, 2019, the United Kingdom will expand the ePassport Gate program to include citizens of the United States, Australia, Canada, Japan, New Zealand, Singapore, and South Korea.
- [Schengen Area Countries to Require Travel Clearances for Visa Exempt Travelers as of January 2021](https://www.gibney.com/alerts/schengen-area-countries-to-require-travel-clearances-for-visa-exempt-travelers-as-of-january-2021/) - Commencing January 1, 2021, visa-exempt travelers to Schengen area countries, including U.S. citizens, will be required to obtain a European Travel Information and Authorization System (ETIAS) clearance prior to visiting these countries.
- [New I-94 Website & Record Format](https://www.gibney.com/alerts/changes-cbps-94-website-record-format/) - U.S. Customs & Border Protection (CBP) recently released a new format for the Form I-94 retrieval website and I-94 document records. On the CBP website, users can retrieve electronic Form I-94s and view their travel history including U.S. arrivals and departures.
- [Immigration, Tax and Estate Planning Options for US Permanent Residence Status](https://www.gibney.com/events/upcoming-gibney-seminar-thinking-of-getting-a-green-card-immigration-tax-and-estate-planning-options-for-those-seeking-permanent-residence-status-in-the-u-s/) - Gibney presented the seminar "Thinking of Getting a Green Card? Immigration, Tax and Estate Planning Options for those Seeking Permanent Residence Status in the U.S. In this seminar, the panel explored various immigration, tax and estate planning considerations for green card seekers.
- [Gibney Presents Immigration Briefing at Private Asset Management Magazine Breakfast Series](https://www.gibney.com/events/gibney-anthony-flaherty-presents-at-breakfast-briefing-hosted-by-private-asset-management-pam-magazine/) - Gibney led a panel discussion at a briefing as part of PAM Magazine’s monthly breakfast series on what advisors to foreign investors should know about investment-related immigration and tax issues in the U.S.
- [Shutdown Ends and Immigration Services Resume](https://www.gibney.com/alerts/shutdown-ends-and-immigration-services-resume/) - On January 25, 2019, President Trump signed a stopgap spending bill to re-open the U.S. government. Federal agencies affected by the 35-day shutdown have resumed operations and will be funded until February 15, 2019. E-Verify also resumed operations, and the Department of Homeland Security provided instructions for participating employers to ensure compliance.
- [Customs and Border Protection to Expand Global Entry for UK Citizens](https://www.gibney.com/alerts/customs-border-protection-expand-global-entry-uk-citizens/) - In December 2015 the United States Department of Homeland Security/Customs and Border Protection (CBP) will expand the Global Entry program for citizens of the United Kingdom. The Global Entry program allows for expedited clearance through immigration and customs of qualifying pre-approved travelers when entering the U.S.
- [Brian Brokate Recognized in World's Leading Trademark Professionals](https://www.gibney.com/firm_news/brian-brokate-recognized-in-worlds-leading-trademark-professionals/) - Intellectual Property Group Head Brian Brokate was named to the World Trademark Review's global list of the World's Leading Trademark Professionals for the fifth year in a row. Recognized as one of New York's top individuals and law firms in enforcement litigation, Brian and Gibney rank among the most prominent IP lawyers and law firms.
- [Jeffrey E. Dupler Named Chair of Litigation Group](https://www.gibney.com/firm_news/jeffrey-e-dupler-named-chair-of-litigation-group/) - Gibney is pleased to announce that Partner Jeffrey E. Dupler was named Chair of the Litigation Group. Jeff advises clients on trademark and trade dress infringement, unfair competition and copyright infringement claims.
- [U.S. Court of Appeals Upholds DACA](https://www.gibney.com/alerts/u-s-court-of-appeals-upholds-daca/) - The U.S. Court of Appeals for the 9th Circuit has ruled that the Administration cannot immediately end Deferred Action for Childhood Arrivals, or DACA, the program that shields from deportation young undocumented immigrants who were brought to the country as children.
- [Potential Government Shutdown and Immigration Impact](https://www.gibney.com/alerts/potential-government-shutdown-and-immigration-impact/) - Congressional budget negotiations for FY 2020 continue. If an agreement to fund various federal agencies is not reached by midnight Friday, December 21, 2018, approximately 25 percent of government functions are expected to shut down. The Department of Homeland Security will be hardest hit, but the impact on immigration benefits is expected to be limited.
- [Plan Now for H-1B Cap Filings](https://www.gibney.com/alerts/9428/) - Now is the time of year when employers should identify any current or future employees who may require a cap-subject H-1B petition to work in the U.S. Under current rules, the first day to file H-1B cap petitions is April 1, 2019, for an employment start date of October 1, 2019. This year, employers face greater uncertainty due to the Department of Homeland Security’s recent publication of a proposed rule that could substantially alter the H-1B cap preparation and filing process.
- [USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions](https://www.gibney.com/alerts/uscis-resumes-premium-processing-for-fiscal-year-2019-h-1b-cap-petitions/) - Effective January 28, 2019, USCIS is resuming premium processing for all fiscal year (FY) 2019 H-1B cap petitions. Petitioners may now interfile requests for premium processing of H-1B cap petitions that were filed in April 2018 and are still pending. Petitioners who have received Requests for Evidence (RFEs) on FY 2019 H-1B cap petitions may also submit premium processing requests when filing RFE responses.
- [Angelo Mazza Joins DC Roundtable on IP Trade Practices and Protection](https://www.gibney.com/events/angelo-mazza-joins-dc-roundtable-on-ip-trade-practices-and-protection/) - IP Partner Angelo Mazza will participate in a trade roundtable sponsored by U.S. Senator Bill Cassidy. He will share his views on trade transparency, terror financing, gang activity and drug trafficking related to intellectual property right protection.
- [Brian Brokate and Angelo Mazza to Speak at Intellectual Property Rights Enforcement 2019](https://www.gibney.com/events/brian-brokate-and-angelo-mazza-to-speak-at-intellectual-property-rights-enforcement-2019/) - Brian W. Brokate and Angelo E.P. Mazza will speak at the Practising Law Institute’s Intellectual Property Rights Enforcement 2019 event on January 17, 2019. Brian Brokate is also co-chair of the event. This will be the eighth year that Brian and Angelo have participated in this program.
- [Estate Tax Planning for New York Residents](https://www.gibney.com/alerts/estate-tax-planning-for-new-york-residents/) - The Tax Cuts and Jobs Act increased the Federal Unified Credit for 2019. Unfortunately, New York State’s laws are not as generous. There are two features of the New York estate tax laws that make it challenging to plan for. Although there are challenges with the New York estate tax laws there are also opportunities. This article explores those options.
- [USCIS Increases Premium Processing Suspension for H-1B Petitions](https://www.gibney.com/alerts/uscis-increases-premium-processing-suspension-for-h-1b-petitions/) - The U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend and expand the suspension of Premium Processing for certain H-1B petitions for a period estimated through at least February 19, 2019. H-1B petitions that are subject to the Fiscal Year (FY) 2019 cap, request new employment, request an amendment to existing employment, or request a change of employer, and that are filed and receipted into the USCIS on or after September 11, 2018 will no longer be eligible for Premium Processing until further notice, and will be subject to significantly lengthier processing times than may otherwise be secured through the Premium Processing method.
- [Gibney's Immigration Group Recognized in U.S. News 2019 Best Law Firms](https://www.gibney.com/firm_news/gibneys-immigration-group-recognized-in-u-s-news-2019-best-law-firms/) - Gibney was recognized in U.S. News – Best Lawyers® for 2019. The firm has been named a Tier 1 National "Best Law Firm" for Immigration. The practice also received a Tier 1 ranking in New York City.
- [Meredith M. Mazzola Named Chair of Private Client Group](https://www.gibney.com/firm_news/meredith-m-mazzola-named-chair-of-private-client-group/) - Gibney is pleased to announce that Partner Meredith M. Mazzola was named Chair of the Private Client Group. Gibney's Private Client Group provides tax and estate planning for individuals, families and their closely held businesses. Services include estates, trusts, fiduciary selection, and retirement and income tax planning.
- [Immigration Attorney David W. Johnson Promoted to Partner](https://www.gibney.com/firm_news/david-w-johnson-has-been-promoted-to-partner/) - Gibney is pleased to announce that David W. Johnson has been promoted to Partner. As an attorney in Gibney’s Immigration Group, David assists corporate and individual clients in immigrant, nonimmigrant, and citizenship matters and provides advice on immigration-related onboarding compliance issues.
- [Voters in Switzerland Pass Measure to Restrict Immigration](https://www.gibney.com/alerts/global-alert-switzerland-voters-pass-measure-to-restrict-immigration/) - On February 24, 2014, voters in Switzerland passed a popular referendum to amend Switzerland’s constitution and restrict immigration, reflecting a departure from the freedom of movement allowed European Union (EU) nationals under existing agreements. The Swiss Federal Council interpreted the referendum as a response to population growth, increased immigration, and an attempt to protect the local labor force.
- [IRS Revenue Procedure 2014-18 Extends Taxpayer Deadline to File Portability Elections](https://www.gibney.com/alerts/private-client-alert-irs-revenue-procedure-2014-18-extends-taxpayer-deadline-to-file-portability-elections/) - A new Revenue Procedure released by the IRS in January, extends the deadline for filing Form 706 for the purpose of electing portability until December 31, 2014. The deceased spouse must have died after December 31, 2010 and before December 31, 2013 in order to be eligible for this extension.
- [New York Legislature Passes Counterfeit Goods Donation Bill](https://www.gibney.com/alerts/intellectual-property-alert-new-york-legislature-passes-counterfeit-goods-donation-bill/) - New York State Senators Joseph A. Griffo (R) and Martin J. Golden (R) introduced a bill empowering courts to order seized counterfeit products to be donated to a not-for-profit corporation rather than destroyed. The bill passed in the New York State Legislature in June.
- [The Defend Trade Secrets Act of 2014](https://www.gibney.com/alerts/intellectual-property-alert-the-defend-trade-secrets-act-of-2014/) - On April 29, 2014, Senators Christopher Coons (D-Del) and Orrin Hatch (R-Utah) introduced a bipartisan bill (S.2267), entitled the Defend Trade Secrets Act of 2014 (DTSA). If enacted, the DTSA will allow companies to protect their trade secrets in federal court.
- [Amazon Not Liable for Affiliates’ Copyright Infringement](https://www.gibney.com/alerts/intellectual-property-alert-amazon-not-liable-for-affiliates-copyright-infringement/) - On August 29, 2014, the Ninth Circuit held that Amazon.com, Inc. (Amazon) could not be held vicariously liable for the conduct of certain participants in its affiliate-marketing program.
- [Fox News Content Used by TVEyes is Fair Use](https://www.gibney.com/alerts/intellectual-property-alert-fox-news-content-used-by-tveyes-is-fair-use/) - Fox News Network, LLC sued TVEyes, Inc. for copyright infringement, misappropriation and unfair competition.
- [Trade Secrets Protection Act Passes House Judiciary Committee](https://www.gibney.com/alerts/intellectual-property-alert-trade-secrets-protection-act-passes-house-judiciary-committee/) - On September 17, 2014, the Judiciary Committee of the U.S. House of Representatives approved the Trade Secrets Protection Act. The bill, sponsored by George Holding (R-NC), is a companion bill to the previously reported Defend Trade Secrets Act of 2014, currently before the Senate Judiciary Committee.
- [Obama Administration Sued for Trademark Infringement](https://www.gibney.com/alerts/intellectual-property-alert-obama-administration-sued-for-trademark-infringement-2/) - On October 7, 2014, My Retirement Account Services, LLC sued the United States Treasury Department for trademark infringement.
- [Executive Actions on Immigration Accountability](https://www.gibney.com/alerts/immigration-alert-executive-actions-on-immigration-accountability/) - On November 20, 2014, President Obama announced a series of executive actions designed to improve U.S. border security; preserve family unity while holding undocumented immigrants accountable for background checks and taxes; and boost the U.S. economy through the reform of legal immigration.
- [US and China Extend Visa Validity for Business Travelers, Tourists, Exchange Visitors, and Students](https://www.gibney.com/alerts/global-immigration-alert-the-united-states-and-china-extend-visa-validity-for-business-travelers-tourists-exchange-visitors-and-students/) - Effective November 12, 2014, the United States and China entered into a new reciprocal visa agreement aimed at providing Chinese and U.S. citizen business visitors, tourists, exchange visitors, students, and accompanying family members with visas with longer validity periods.
- [Argentina's Supreme Court Rules on Third Party Liability](https://www.gibney.com/alerts/intellectual-property-alert-argentinas-supreme-court-rules-on-third-party-liability/) - On October 28, 2014, the Supreme Court of Argentina ruled that search engines are not liable for unlawful third-party content appearing in search results. This groundbreaking ruling will have a significant impact on the question of intermediary liability in Latin America.
- [Coca-Cola Seeks to Trademark Hashtags](https://www.gibney.com/alerts/intellectual-property-alert-coca-cola-seeks-to-trademark-hashtags/) - On December 15, 2014, Coca-Cola Co. filed trademark applications for the following hashtags: #cokecanpics and #smilewithacoke with the U.S. Patent and Trademark Office. These hashtags are currently being used on Twitter in connection with the company’s soft drinks. This is the first time that Coca-Cola has applied to trademark a hashtag.
- [Supreme Court Holds Trademark Tacking to Be Decided by Juries](https://www.gibney.com/alerts/intellectual-property-alert-supreme-court-holds-trademark-tacking-to-be-decided-by-juries/) - The Supreme Court ruled that trademark tacking is a question of fact for the jury to decide in Hana Financial, Inc. v. Hana Bank. Tacking allows a trademark owner to alter its mark while maintaining the older first-use date for the original mark. The new mark is “tacked” onto the older priority date.
- [The Foreign Counterfeit Merchandise Prevention Act](https://www.gibney.com/alerts/intellectual-property-alert-the-foreign-counterfeit-merchandise-prevention-act/) - On January 9, 2015, Ted Poe (R-Texas) introduced the Foreign Counterfeit Merchandise Prevention Act (H.R. 236). The purpose of this bill is to amend the Trade Secrets Act to allow U.S. Customs and Border Protection to involve trademark and copyright owners in its investigation once it has seized a potential counterfeit shipment. A similar bill was previously introduced in 2012, but it was not passed.
- [Missed Opportunity to Register “Sriracha” Mark](https://www.gibney.com/alerts/intellectual-property-alert-missed-opportunity-to-register-sriracha-mark/) - As first reported on LA Times, Huy Fong Foods, Inc., the originator of the famous spicy Sriracha sauce, may have missed its opportunity to trademark the term “Sriracha”. David Tran, the owner of Huy Fong Foods, named his sauce after a coastal city in Thailand and believed that it would be difficult to register the Sriracha mark for that reason.
- [Employment Eligibility for Certain H-4 Visa Holders Effective May 26, 2015](https://www.gibney.com/alerts/immigration-alert-employment-eligibility-for-certain-h-4-visa-holders-effective-may-26-2015/) - U.S. Citizenship and Immigration Services (USCIS) published its final rule, effective May 26, 2015, confirming that the Department of Homeland Security (DHS) will extend employment authorization eligibility to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status.
- [Copyright Holder Sues Former Business Partner for Serving Her Recipes](https://www.gibney.com/alerts/intellectual-property-alert-copyright-holder-sues-former-business-partner-for-serving-her-recipes/) - Copyright protection may extend to a recipe book or cookbook because it is a compilation, but that protection is limited to way the content is presented and how the compilation’s elements are presented. The elements themselves are not necessarily protected by copyright law.
- [USCIS Releases New Guidance Concerning L-1B Workers](https://www.gibney.com/alerts/immigration-alert-uscis-releases-new-guidance-concerning-l-1b-workers/) - USCIS released a long-anticipated Policy Memorandum on the L-1B visa category, which allows for an intra-company transfer of current foreign employees with “Specialized Knowledge” of the company.
- [New AAO Decision Impacts Changes in Worksite Location for H-1B Workers](https://www.gibney.com/alerts/immigration-alert-new-aao-decision-impacts-changes-in-worksite-location-for-h-1b-workers/) - On April 9, 2015, the Administrative Appeals Office (AAO) of the United States Citizenship and Immigration Services (USCIS) issued a decision directly impacting many employers who currently employ H-1B nonimmigrant workers.
- [USCIS Provides Guidance on H-1B Worksite Location Changes](https://www.gibney.com/alerts/uscis-provides-guidance-on-h-1b-worksite-location-changes/) - U.S. Citizenship and Immigration Services (“USCIS”) has released final guidance on a recent precedent decision clarifying whether amended or new petitions need be filed for H-1B employees who move job locations. The memo, which is effective immediately, includes information and deadlines for being compliant with Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015).
- [Customs Issues Amendments Concerning Disclosure of Information](https://www.gibney.com/alerts/customs-issues-amendments-concerning-disclosure-of-information/) - On September 18, 2015, U.S. Customs and Border Protection (“CBP”) published a Federal Register notice concerning its adoption of certain amendments to the Final Interim Rule regarding the “Disclosure of Information for Certain Intellectual Property Rights Enforced at the Border”.
- [DHS Publishes STEM OPT Extension Proposed Rule for F-1 Students](https://www.gibney.com/alerts/dhs-publishes-stem-opt-extension-proposed-rule-for-f-1-students/) - The U.S. Department of Homeland Security (DHS) has published a proposed rule in the Federal Register relating to Optional Practical Training extensions for F-1 students with science, technology, engineering and math degrees (STEM OPT extension).
- [DHS Granted Extension Until May 2016 to Issue New F-1 STEM OPT Rule](https://www.gibney.com/alerts/immigration-alert-dhs-granted-extension-until-may-2016-to-issue-new-f-1-stem-opt-rule/) - A federal district court has granted the U.S. Department of Homeland Security (“DHS”) an additional 90 days to issue a new rule on Optional Practical Training extensions for F-1 students with science, technology, engineering and math degrees (“STEM OPT extension”).
- [Immigration Filing Fee Increases](https://www.gibney.com/alerts/immigration-alert-immigration-filing-fee-increases/) - On October 24, 2016, U.S. Department of Homeland Security (DHS) published its final rule regarding fee changes for immigration related-filings. The rule will take effect on December 23, 2016. Applications or petitions mailed, postmarked, or filed on or after December 23, 2016 must include the new fees.
- [Brian Brokate to be a Featured Speaker at District Attorney’s IP Rights Enforcement Conference](https://www.gibney.com/events/brian-brokate-to-be-a-featured-speaker-at-district-attorneys-ip-rights-enforcement-conference/) - Brian Brokate will be a featured speaker at the New York County District Attorney’s Intellectual Property Rights Enforcement Conference.
- [Aneglo Mazza Spoke on Internet Enforcement at US Consulate in Florence Conference](https://www.gibney.com/events/gibney-partner-delivers-keynote-at-intellectual-property-conference-in-florence-italy/) - Partner Angelo Mazza spoke at a conference called Hold it Real. He delivered the keynote address and highlighted developments in Intellectual Property Protection.
- [Brian Brokate Co-Chairs International Trademark Association Mid-Year Meeting](https://www.gibney.com/events/gibney-partner-co-chairs-inernational-trademark-association-mid-year-meeting/) - Intellectual Property Group Chair Brian Brokate, will serve as co-chair of the International Trademark Association’s (INTA) Mid-Year Meeting. The meeting brings together brand owners, law enforcement officials and attorneys to discuss the latest updates and trends in intellectual property rights protection and enforcement.
- [Angelo Mazza Presents Protecting Your IP Portfolio – Tactical Strategies](https://www.gibney.com/events/intellectual-property-partner-to-moderate-a-panel-at-the-2013-ipr-center-symposium/) - Angelo Mazza will moderate a panel at the 2013 IPR Center Symposium. The panel, “Protecting Your IP Portfolio – Tactical Strategies” will examine strategies to protect intellectual property rights.
- [Immigration Practice Featured at Totally Expat Show 2014 in New York City](https://www.gibney.com/events/gibney-professionals-to-participate-in-totally-expat-show-2014-in-new-york-city/) - Immigration attorneys, Stephen J.O. Maltby, Ellen Poreda and Deborah Davy, will be attending the 2014 Totally Expat Show, held by the Forum for Expatriate Management (FEM), at the Metropolitan Pavilion.
- [Minal Shah and Deborah Davy Present Adapting to Global Changes: Immigration, Tax and Relocation](https://www.gibney.com/events/gibney-attorneys-to-present-at-2014-bay-area-mobility-management-bamm-annual-conference/) - Immigration Group attorneys Minal Shah and Deborah Davy will be presenting at the 2014 BAMM Annual Global Mobility conference.
- [Gibney Attorneys Present at CIS Wealth Conference in Russia](https://www.gibney.com/events/gibney-anthony-flaherty-attorneys-to-present-at-cis-wealth-conference-in-russia/) - On February 18, 2014, Immigration Attorney Rosanna M. Fox and Tax and Estate Planning Partner Meredith M. Mazzola will speak at the CIS Wealth St. Petersburg in Russia.
- [Brian W. Brokate and Angelo Mazza Spoke at PLI’s Intellectual Property Rights Enforcement 2014](https://www.gibney.com/events/brian-w-brokate-co-chairs-plis-intellectual-property-rights-enforcement-2014/) - Gibney’s IP practice head, Brian Brokate, served as Co-Chair for Intellectual Property Rights Enforcement 2014 run by the Practicing Law Institute. Gibney partner Angelo Mazza also spoke at the conference on current Government IP enforcement programs.
- [Brian Brokate Featured on IP Fridays](https://www.gibney.com/events/intellectual-property-partner-to-be-featured-on-ip-fridays/) - Brian Brokate, will be featured on IP Fridays, a weekly podcast covering IP topics including trademark, patent and design.
- [United Kingdom Expands Registered Traveler Service](https://www.gibney.com/alerts/global-immigration-alert-united-kingdom-expands-registered-traveler-service/) - On October 4, 2015, the UK Home Office invited certain frequent travelers to the UK to apply for the Registered Traveler service. This program offers member travelers faster entry at UK passport control.
- [New Law Heightens Security for U.S. Visa Waiver Program](https://www.gibney.com/alerts/new-law-heightens-security-for-u-s-visa-waiver-program/) - The 2016 Omnibus Appropriations bill passed by Congress and signed by President Obama on December 18, 2015 contains measures to increase the security of the Visa Waiver Program (VWP). The VWP allows tourists and business visitors from 38 countries to enter the U.S. for up to 90 days without applying for a visa at a U.S. consulate.
- [US Discontinues Additional Visa Pages in U.S. Passports](https://www.gibney.com/alerts/global-immigration-alert-united-states-discontinuance-of-additional-visa-pages-in-u-s-passports/) - Effective January 1, 2016, the U.S. Department of State will no longer issue additional pages in U.S. passports to accommodate additional visas or entry/exit stamps. If a passport has no remaining blank pages for visas or entry/exit stamps, the holder of the passport will need to apply for a new passport, even if the passport is still valid. This measure is being implemented to improve passport security and for consistency with international passport standards.
- [DHS adds Libya, Somalia and Yemen to Visa Waiver Program Travel Restrictions](https://www.gibney.com/alerts/immigration-alert-dhs-adds-libya-somalia-and-yemen-to-visa-waiver-program-travel-restrictions/) - The Department of Homeland Security announced additional "countries of concern" under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. Individuals who have traveled to Libya, Somalia, or Yemen since March 1, 2011 are now ineligible to enter the U.S. under the Visa Waiver Program.
- [DHS Issues Final Rule on F-1 STEM OPT Extensions](https://www.gibney.com/alerts/immigration-alert-dhs-issues-final-rule-f-1-stem-opt-extensions/) - On Friday, March 11, 2016, the U.S. Department of Homeland Security (DHS) issued its final rule on Optional Practical Training (OPT) extensions for F-1 students with science, technology, engineering and math (STEM) degrees from U.S. institutions of higher education.
- [Brian W. Brokate Co-Chairs PLI’s Intellectual Property Rights Enforcement 2015](https://www.gibney.com/events/brian-w-brokate-co-chairs-plis-intellectual-property-rights-enforcement-2015/) - On January 23, 2015, Gibney’s IP practice head, Brian Brokate, is again serving as Co-Chair for the Intellectual Property Rights Enforcement 2015 run by the Practicing Law Institute (PLI). The conference consists of panel discussions composed of in-house counsel, attorneys from private practices and government agents that have expertise in the latest developments of Intellectual
- [Angelo Mazza Lectured on Fighting Counterfeiting at the Italian Embassy](https://www.gibney.com/events/angelo-mazza-to-lecture-on-fighting-counterfeiting-at-the-italian-embassy/) - Angelo spoke on European companies developing a proactive U.S. intellectual property enforcement policy.
- [Brian Brokate Spoke at PLI’s Intellectual Property Law Institute](https://www.gibney.com/events/brian-brokate-to-speak-at-plis-intellectual-property-law-institute/) - Brian spoke at a plenary session on trademark law, specifically he will be speaking on updates in anticounterfeiting.
- [Recent Developments in Anticounterfeiting Law](https://www.gibney.com/events/recent-developments-in-anticounterfeiting-law/) - Intellectual Property Group Chair Brian W. Brokate discussed investigative and enforcement strategies, remedies and important anticounterfeiting measures.
- [Houman Afshar and Zarina Syed to Speak at American Immigration Lawyers Association’s Conference](https://www.gibney.com/events/4739/) - Immigration attorneys Houman Afshar and Zarina Syed spoke at the 2016 American Immigration Lawyers Association’s Annual Conference, being held in Las Vegas, Nevada from June 22-26.
- [Angelo Mazza Spoke on Anticounterfeiting Customs and Enforcement](https://www.gibney.com/events/angelo-mazza-to-speak-on-anticounterfeiting-issues-related-to-social-media-customs-and-enforcement/) - Partner Angelo Mazza spoke at the 18th Anti-Counterfeiting & Brand Protection Summit on January 24, 2017. His presentation is titled “At the Intersection of Social Media, Customs & Enforcement.”
- [Brian Brokate Co-Chairs PLI’s Intellectual Property Rights Enforcement 2017](https://www.gibney.com/events/brian-brokate-co-chairs-plis-intellectual-property-rights-enforcement-2017/) - Brian Brokate will serve as Co-Chair of the Practising Law Institute’s Intellectual Property Rights Enforcement 2017 on January 20, 2017. This program will provide developments on intellectual property rights enforcement. Brian will speak on the panel “Anticounterfeiting Update.”
- [Hiring Foreign Students - Immigration & Tax Issues](https://www.gibney.com/events/webinar-hiring-foreign-students-immigration-tax-issues/) - Gibney, Anthony and Flaherty, LLP is hosting the webinar "Hiring Foreign Students - Immigration & Tax Issues" on February 1, 2017. For international students studying in the United States, F-1 and J-1 student visas provide work authorization benefits during and after completing academic programs. This webinar will cover work authorization options and the immigration and tax issues that employers should consider when hiring foreign students.
- [Trump Administration and U.S. Immigration](https://www.gibney.com/events/gibney-hosts-presentation-trump-administration-u-s-immigration/) - The Swedish-American Chamber of Commerce and Gibney, Anthony & Flaherty hosted a discussion on employment-based visa options, the Trump Administration's latest immigration proposals and its impact on U.S. immigration.
- [Brian Brokate Spoke on Trade Dress Protection at PLI’s Intellectual Property Law Institute 2017](https://www.gibney.com/events/brian-brokate-to-speak-on-trade-dress-protection-at-plis-intellectual-property-law-institute/) - Brian Brokate will speak at PLI’s Intellectual Property Law Institute 2017 on October 2, 2017. His session is titled “.” Topics include understanding trade dress enforcement, recent trade dress cases and legal developments, and best practices for protection. Brian and Gibney associate Maja Szumarska co-authored a chapter in PLI’s course handbook for the program.
- [Brian Brokate and Angelo Mazza Spoke at PLI Intellectual Property Rights Enforcement 2018](https://www.gibney.com/events/brian-brokate-angelo-mazza-speak-pli-intellectual-property-rights-enforcement-2018/) - Brian Brokate served as co-chair of the Practising Law Institute’s Intellectual Property Rights Enforcement 2018 on January 25, 2018. Angelo Mazza spoke on the panel “Current Government IP Enforcement Programs.” This program provided developments on recent copyright and trademark cases and developments in anticounterfeiting.
- [David Johnson to Present U.S. Employment Visa Seminar](https://www.gibney.com/events/david-johnson-present-u-s-employment-visa-seminar/) - David Johnson is presenting "U.S. Employment Seminar: A Guide for Young Professionals" to the Norwegian American Chamber of Commerce. This seminar will address U.S. Immigration Basics: The H-1B Visa and Alternatives and Policy Changes & Practical Tips: Impact on Workers and Operations.
- [Zarina Syed Speaks on H-1B Specialty Workers](https://www.gibney.com/events/zarina-syed-to-speak-on-h-1b-specialty-workers-visa/) - Zarina Syed will speak at the 2018 AILA Annual Conference on Immigration Law “Building Bridges and Standing for Justice” in San Francisco from June 13 - 16. Her presentation is titled "Intro to H-1B Specialty Workers." The panel will provide a basic overview of the complexities of the H-1B visa category and how the process works, and will identify best practices for avoiding common problems.
- [Brian Brokate Spoke on Anticounterfeiting at Practising Law Institute](https://www.gibney.com/events/brian-brokate-to-speak-on-anticounterfeiting-at-practising-law-institute/) - Brian Brokate spoke at the PLI Intellectual Property Law Institute 2018 on October 1, 2018. His session covered recent anticounterfeiting cases, legal developments and best practices for protection.
- [FY2017 H-1B Cap Now Open](https://www.gibney.com/alerts/immigration-alert-fy2017-h-1b-cap-now-open/) - United States Citizenship and Immigration Services (USCIS) has opened the filing period on Friday, April 1st, 2016, for new H-1B petitions for Fiscal Year (FY) 2017 (October 1st, 2016 to September 30th, 2017).
- [FY2017 H-1B Cap Reached](https://www.gibney.com/alerts/immigration-alert-fy2017-h-1b-cap-reached/) - United States Citizenship and Immigration Services (USCIS) has announced that as of today, April 7, 2016, it has received sufficient petitions to reach the statutory cap for new H-1B petitions filed for Fiscal Year (FY) 2017 (October 1, 2016 to September 30, 2017). In addition, USCIS has confirmed that the U.S. advanced-degree exemption to the statutory cap – which exempts from the cap 20,000 petitions for those beneficiaries possessing U.S. advanced-degrees – has also been met and exceeded.
- [DOS Policy on Visa Revocations for Non-Immigrants with DUI Charges](https://www.gibney.com/alerts/dos-policy-visa-revocations-non-immigrants-dui-charges/) - The U.S. Department of State (DOS) Visa Office has recently issued new guidance to Consular Officers, instructing them to prudentially revoke visas for individuals in the U.S. who have been charged with a driving under the influence (DUI) related offense, unless the issue was already addressed in the initial visa application. Previously, visa holders who had already been issued visas and were present in the U.S. were not subject to visa revocation after the fact, and there were no consequences for DUI-related offenses until the time of the individual’s next visa application.
- [UK/European Union: Freedom of Movement for European Union Nationals Remains in Effect](https://www.gibney.com/alerts/global-alert-united-kingdomeuropean-union-freedom-movement-european-union-nationals-remains-effect/) - On June 24, 2016, the United Kingdom voted to leave the European Union (EU). Pursuant to Article 50 of the EU Treaty, the British government must notify the EU of its withdrawal. Notification is not expected before a new Prime Minister is selected, and once commenced, separation procedures are expected to take at least two years. Until separation is fully negotiated and the United Kingdom exits the EU, EU citizens will retain their right to reside and work in the UK and British citizens will retain their right to reside and work in other EU member states.
- [Global Entry Expands to Include all U.K. Citizens](https://www.gibney.com/alerts/immigration-alert-global-entry-expands-include-u-k-citizens/) - The U.S. Department of Homeland Security published a Federal Register notice announcing an expansion of Global Entry program eligibility to all citizens of the U.K., effective as of 7/12/2016. Previously, only a limited pilot program allowed certain U.K. citizens to apply for Global Entry. Once a U.K. citizen is enrolled in Global Entry, he/she will also be eligible to participate in the TSA Precheck program.
- [New Form I-9 Becomes Mandatory on January 22, 2017](https://www.gibney.com/alerts/new-form-i-9-becomes-mandatory-on-january-22-2017/) - USCIS has published the latest version of Form I-9. Employers must use the new version starting January 22, 2017. Employers may continue to use the 2013 version until then.
- [Plan Now for H-1B Cap Filings](https://www.gibney.com/alerts/immigration-alert-plan-now-for-h-1b-cap-filings-3/) - Monday, April 3rd, 2017 marks the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B petitions subject to the Fiscal Year (FY) 2018 H-1B cap. Preparation for H-1B cap season starts much earlier, with the identification of prospective beneficiaries and gathering of supporting documentation. With increasing demand for H-1B workers, we encourage employers to identify potential H-1B cap cases now and work with immigration counsel to ensure timely filing of cases.
- [DHS Final Rule on Highly Skilled Workers Takes Effect January 17](https://www.gibney.com/alerts/dhs-final-rule-on-highly-skilled-workers-takes-effect-january-17/) - On November 18, 2016, the U.S. Department of Homeland Security (DHS) issued its final rule on highly skilled workers, which will take effect on Tuesday, January 17, 2017. In keeping with the intent of the American Competitiveness in the 21st Century Act (AC21), the regulation is aimed at streamlining the employment-based green card process, increasing job portability, and providing stability and job flexibility for foreign national employees.
- [Immigration Alert: FY2018 H-1B Cap Reached](https://www.gibney.com/alerts/immigration-alert-fy2018-h-1b-cap-reached/) - United States Citizenship and Immigration Services (USCIS) announced today that it has reached the cap for new H-1B petitions filed for Fiscal Year (FY) 2018. The U.S. advanced-degree exemption to the statutory cap has also been met.
- [FY2018 H-1B Cap Random Selection Process Complete](https://www.gibney.com/alerts/immigration-alert-fy2018-h-1b-cap-random-selection-process-complete/) - On April 17, 2017, United States Citizenship and Immigration Services (USCIS) announced that it completed the computer-generated random lottery selection process for cap-subject H-1B petitions filed for Fiscal Year (FY) 2018 (October 1, 2017 to September 30, 2018).
- [Trump Administration to Rescind DACA Protections](https://www.gibney.com/alerts/trump-administration-rescind-daca-protections/) - The Trump Administration announced that it intends to rescind the Deferred Action for Childhood Arrivals program, known as “DACA.” The program, established by Executive Order in 2012, affects approximately 800,000 undocumented immigrants who were brought to the U.S. as children and were granted protection from deportability and issued valid work authorization. In today’s announcement, the Administration indicated it would pursue an “orderly, lawful wind down” of the program. Further specifics on the near-term effects on the approximately 800,000 current DACA beneficiaries were not made immediately clear. However, the Administration has noted that it will no longer accept new DACA applications.
- [USCIS to Resume Premium Processing for all H-1B Petitions by October 3](https://www.gibney.com/alerts/immigration-alert-uscis-to-resume-premium-processing-for-all-h-1b-petitions-by-october-3/) - On September 27, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will resume Premium Processing for all H-1B petitions on or before October 3, 2017. Premium Processing was previously suspended for all H-1B petitions starting April 3, 2017, and subsequently reinstated for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, interested government agency waivers, and Fiscal Year 2018 cap-subject filings.
- [USCIS Resumes Premium Processing for All H-1B Petitions](https://www.gibney.com/alerts/immigration-alert-uscis-resumes-premium-processing-for-all-h-1b-petitions/) - U.S. Citizenship and Immigration Services has resumed Premium Processing today for all H-1B petitions. Premium Processing was previously suspended for all H-1B petitions starting April 3, 2017, and subsequently reinstated for H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, interested government waivers, and Fiscal Year 2018 cap-subject filings.
- [U.S. Senate Passes the Tax Overhaul Bill: U.S. Senate Passes the Tax Overhaul Bill: What's Next and How to Plan for 2018](https://www.gibney.com/alerts/u-s-senate-passes-tax-overhaul-bill-u-s-senate-passes-tax-overhaul-bill-whats-next-plan-2018/) - In the early hours of December 2nd, the U.S. US Senate passed the tax overhaul bill in a vote of 51-49 mostly along party lines. In planning for the final tax bill to become effective for 2018, there are many opportunities to delay recognition of income now that may be subject to lower tax rates and accelerate payment of expenses that will qualify for the itemized deduction.
- [The Tax Cuts and Jobs Act: The New Provisions and How to Prepare Your Individual and Business Income Taxes](https://www.gibney.com/alerts/the-tax-cuts-and-jobs-act-the-new-provisions-and-how-to-prepare-your-individual-and-business-income-taxes/) - The Tax Cuts and Jobs Act was signed into law on December 22, 2017 by President Donald Trump. Changes to individual income taxes include lowered tax brackets, increased Alternative Minimum Tax thresholds and higher estate, gift and generation skipping tax exemptions. For businesses, changes include a reduced corporate tax rate and the repeal of the Corporate Alternative Minimum Tax.
- [USCIS Announces E-Verify Unavailable March 23 – 26, 2018](https://www.gibney.com/alerts/uscis-announces-e-verify-unavailable-march-23-26-2018/) - U.S. Citizenship and Immigration Services (USCIS) has announced that E-Verify will be unavailable from Friday, March 23 at 12:00 A.M. to Monday, March 26 at 8:00 A.M. EDT due to a system update.
- [USCIS Will Temporarily Suspend Premium Processing for Fiscal Year 2019 H-1B Cap Petitions](https://www.gibney.com/alerts/uscis-will-temporarily-suspend-premium-processing-for-fiscal-year-2019-h-1b-cap-petitions/) - U.S. Citizenship and Immigration Services (USCIS) has just announced that it will temporarily suspend Premium Processing for all Fiscal Year (FY) 2019 H-1B cap-subject petitions. USCIS will continue to accept Premium Processing for non-cap subject petitions, including H extensions, H amendments, and H change of employer cases.
- [New Policy Imposes Stiff Penalties for F, J and M Nonimmigrants Who Fail to Maintain Status](https://www.gibney.com/alerts/new-policy-imposes-stiff-penalties-for-f-j-and-m-nonimmigrants-who-fail-to-maintain-status/) - Effective August 9, 2018, nonimmigrants in F, J and M status who fail to maintain status will begin to accrue unlawful presence. Nonimmigrant visa holders who accrue unlawful presence may become ineligible for immigrant benefits (such as extension and change of status applications) and may also be subject to readmission bars to the U.S., including permanent bars.
- [USCIS Provides Updated Guidance for STEM OPT](https://www.gibney.com/alerts/7759/) - On August 17, 2018, USCIS updated its website to clarify obligations and reporting responsibilities for employees and employers participating in the F-1 STEM OPT program, including obligations related to training at third-party sites, staffing and temporary agencies. It is important that employees and employers understand their obligations given increased penalties for non-compliance with F-1 OPT regulations effective August 9, 2018.
- [NAFTA Immigration Provisions Retained in Renegotiated Trade Agreement](https://www.gibney.com/alerts/nafta-immigration-provisions-retained-in-renegotiated-trade-agreement/) - The United States, Mexico and Canada reached an agreement on September 30, 2018 as part the renegotiation of the North American Free Trade Agreement (NAFTA). The new agreement – the United States-Mexico-Canada Agreement (USMCA). From an immigration perspective, the USMCA represents a repackaging of NAFTA. Congress is expected to approve the USMCA after the mid-term elections in November 2018.
- [FY 2019 H-1B Cap Random Selection Process Complete](https://www.gibney.com/alerts/fy2019-h-1b-cap-random-selection-process-complete/) - On May 15, 2018, United States Citizenship and Immigration Services (USCIS) announced that it completed the computer-generated random lottery selection process for cap-subject H-1B petitions filed for Fiscal Year (FY) 2019 (October 1, 2018 to September 30, 2019).
- [Gibney Named in JD Journal as a New York City Top Immigration Law Firm](https://www.gibney.com/firm_news/gibney-named-jd-journal-new-york-citys-top-immigration-law-firms/) - Gibney, Anthony and Flaherty's Immigration Practice Group was listed in JD Journal's list of New York City's Top Immigration Law Firms. JD Journal is a leading resource for legal industry news.
- [Court Allows DACA Protections to Continue while Lawsuit is Pending](https://www.gibney.com/alerts/court-allows-daca-protections-to-continue-while-lawsuit-is-pending/) - A federal court judge in Texas has ruled in favor of keeping DACA in place for the time being, denying a request for a preliminary injunction that would have immediately halted DACA protections, but indicating the likelihood that DACA will be held illegal in final rulings. Employers should be aware that employees with DACA status may lose work eligibility and/or the ability to remain in the U.S. Employers may also wish to consider working with legislative advocacy partners to support legislation. Foreign nationals with DACA status should consult with immigration counsel to discuss possible alternative immigration options and plan for program termination.
- [New York City Employers Should Prepare for Salary History Ban Taking Effect on October 31](https://www.gibney.com/alerts/new-york-city-employers-should-prepare-for-salary-history-ban-taking-effect-on-october-31/) - New York City’s new ban on inquiries concerning salary history will take effect on October 31, 2017. According to the law signed by Mayor de Blasio this spring, it will be considered an unlawful discriminatory practice for any employer to inquire about the salary history of a job applicant or to use the applicant’s prior salary and/or benefits as a benchmark to negotiate compensation.
- [New York Employers Should Prepare for New Sexual Harassment Legislation](https://www.gibney.com/alerts/new-york-employers-should-prepare-for-new-sexual-harassment-legislation/) - In April 2018, both New York State and New York City enacted significant legislation addressing sexual harassment in the workplace through education, prevention, and increased transparency, and broadening the scope of anti-discrimination laws applicable to sexual harassment and gender based discrimination.
- [DHS Seeks Public Comments on Expanded Data Collection Effective October 18, 2017](https://www.gibney.com/alerts/immigration-alert-dhs-seeks-public-comments-on-expanded-data-collection-effective-october-18-2017/) - The Department of Homeland Security (DHS) published a notice in the Federal Register announcing plans to collect additional information and social media data on all immigrants. The scope of data collection is potentially very broad, and affected groups include green card holders, naturalized citizens, and relatives and associates of any individuals subject to the Immigration and Nationality Act (INA).
- [FY2019 H-1B Cap Reached](https://www.gibney.com/alerts/fy2019-h-1b-cap-reached/) - United States Citizenship and Immigration Services (USCIS) announced today that it has reached the cap for new H-1B petitions filed for Fiscal Year (FY) 2019. The U.S. advanced-degree exemption to the statutory cap has also been met.
- [FY2019 H-1B Cap Random Lottery Selection Process Complete](https://www.gibney.com/alerts/fy2019-h-1b-cap-random-lottery-selection-process-complete/) - On April 12, 2018, United States Citizenship and Immigration Services (USCIS) announced that it completed the computer-generated random lottery selection process for cap-subject H-1B petitions filed for Fiscal Year (FY) 2019 (October 1, 2018 to September 30, 2019).
- [Gibney IP Practice Recognized in Managing Intellectual Property’s IP Stars 2017 Rankings](https://www.gibney.com/firm_news/gibney-ip-practice-recognized-managing-intellectual-propertys-ip-stars-2017-rankings/) - Gibney Anthony and Flaherty LLP was recognized in Managing Intellectual Property’s 2017 IP Stars. The Intellectual Property Practice was recognized as a top practice in the “Trademark Contentious” area. IP Practice Chair Brian Brokate was also recognized as a leading IP practitioner.
- [IRS Announces New Options for Taxpayers with Undisclosed Foreign Bank Accounts](https://www.gibney.com/alerts/private-client-alert-irs-announces-new-options-for-taxpayers-with-undisclosed-foreign-bank-accounts/) - This week the IRS announced a new guidance on the options available for taxpayers with undisclosed foreign bank accounts. The guidance comes with some pros and cons for the individual looking to come forward and become compliant with their filing obligations. On the plus side, the IRS has opened up its Streamline Compliance Procedure to
- [Bankruptcy Protection for Inherited IRA’s](https://www.gibney.com/alerts/private-client-alert-bankruptcy-protection-for-inherited-iras/) - An important issue affecting many estate plans will soon be decided by the United States Supreme Court. Estate planners are often confronted with the question of whether their clients should leave their IRA’s outright to their heirs or whether to leave the IRA’s in trust. The case to be decided by the Supreme Court, Clark v.
- [January 2014 Visa Bulletin Released](https://www.gibney.com/alerts/immigration-alert-january-2014-visa-bulletin-released/) - The U.S. Department of State (DOS) has published the January 2014 Visa Bulletin. The December 2013 Visa Bulletin showed significant retrogression in the EB-2 category for India, true to predictions made by the DOS Visa Office in November. The January 2014 Visa Bulletin further confirms that in addition to the ongoing retrogression in the EB-2 category, there
- [Time To Begin Preparation of H-1B CAP FY 2015 Petitions](https://www.gibney.com/alerts/immigration-alert-time-to-begin-preparation-of-h-1b-cap-fy-2015-petitions/) - On April 1, 2014, United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to cap limits for the fiscal year (FY) 2015. Although April may seem far off, several factors including increasing demands for H-1B workers, an anticipated high volume of Labor Condition Application (LCA) filings, and the possibility of another
- [Obama Administration Sued for Trademark Infringement](https://www.gibney.com/alerts/intellectual-property-alert-obama-administration-sued-for-trademark-infringement/) - On October 7, 2014, My Retirement Account Services, LLC sued the United States Treasury Department for trademark infringement. My Retirement Account Services, LLC, located in Murray, KY, is the owner of the federally registered trademark GETMYRA.COM, for individual retirement account services. The plaintiff claims to have used the common law mark MYRA to identify and
- [Expected Retrogression of Priority Dates Announced on Visa Bulletin](https://www.gibney.com/alerts/u-s-immigration-expected-retrogression-of-priority-dates-on-visa-bulletin/) - The Department of State Visa Office recently announced its predictions regarding the future movement of priority dates. Priority dates determine the order of immigrant visa availability and essentially establish an individual’s place in line to apply for U.S. Lawful Permanent Resident status (also known as an immigrant visa or “green card”). As of December 2013,
- [Defense of Marriage Act Overturned: Estate Planning Implications](https://www.gibney.com/alerts/private-client-alert-defense-of-marriage-act-overturned-estate-planning-implications/) - This morning, June 26, 2013, the Supreme Court issued a decision in U.S. v. Windsor overturning the Defense of Marriage Act (“DOMA”). DOMA defined marriage as being solely between a man and a woman for the purposes of federal programs and laws. Justice Kennedy put into words the distinct issue facing many same-sex married couples:

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- [Diversity](https://www.gibney.com/about-us/diversity/) - Gibney’s Commitment to Diversity & Inclusion Gibney has a proud history of counseling domestic and international clients, assisting them in navigating the legal landscape as they grow their businesses, intellectual property, and talent in the United States. Because of the breadth of the firm’s practice, Gibney has attracted attorneys and other professionals from four continents
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- [Strategic Partnering](https://www.gibney.com/case-studies/strategic-partnering/) - Challenge When the Executive Orders restricting travel were released, our global life sciences client was concerned about the ability of its employees to travel internationally to further its ground-breaking research initiatives. We immediately assembled our team to assess the legal implications of the ban and identify and counsel impacted foreign nationals. We developed a corporate
- [Creative Solutions](https://www.gibney.com/case-studies/creative-solutions/) - Challenge U.S. Citizenship and Immigration Services (USCIS) allots a set number of H-1B visas annually. Our client in the health care industry identified a highly skilled foreign national candidate for a critical business position, but was unable to employ the candidate for several months due to the annual limit on H-1B visas for cap-subject (for-profit)
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- [Pro Bono](https://www.gibney.com/careers/pro-bono/) - Our firm supports and gives credit to attorneys who take an active role in assisting those with limited means. We encourage our lawyers to select pro bono and community service activities they feel passionate about including: Serving as board members and trustees of educational, religious, non-profit and civic institutions Teaching as adjunct professors at local
- [Culture](https://www.gibney.com/careers/culture/) - We encourage innovation and support attorneys interested in taking on leadership roles. Our firm has established committees focused on pro bono, diversity, associate and counsel development and marketing to facilitate the open exchange of new ideas that enhance our culture. Gibney is committed to the professional growth of our employees. We strive to create an
- [Understanding Both Sides of the Table](https://www.gibney.com/case-studies/sale-of-family-owned-property-portfolio/) - Challenge We assisted a family which owned a diverse portfolio of commercial properties, in liquidating their holdings in the most tax-advantageous way. Solution Our client's properties were acquired and held in a C corporation. We structured a favorable transaction to sell its shares and minimized their adverse tax consequences. With our experience representing both buyers
- [Results-Driven](https://www.gibney.com/case-studies/sale-of-commercial-building/) - Challenge Our client owned a commercial building in a prime Manhattan location that was acquired many years ago. When the site became the subject of a bidding contest, we negotiated its sale for an extraordinary premium over the original acquisition price. The original acquisition price and tax cost basis was a negligible amount compared to
- [Making the Complex Simple](https://www.gibney.com/case-studies/offshore-voluntary-disclosure/) - Challenge Our client inherited a sizable amount from a relative in France, and at the advice of a foreign consultant invested a portion in a Swiss life insurance product. While traveling in Switzerland, our client was taken aside and advised of the possibility of criminal charges for improper reporting. Solution When our client returned the
- [Building Lasting Relationships](https://www.gibney.com/case-studies/building-lasting-relationships/) - Challenge We have served as trust and estates counsel to four generations of a family. Our client needed a firm that could assist them in their long-term needs and protect their assets over generations. For over 35 years, we have been trusted partners, providing not only legal services, but acting as estate administrator and trustee.
- [Holistic Litigation Strategies](https://www.gibney.com/case-studies/holistic-litigation-strategies/) - Challenge We assisted our client in a litigation involving the valuation of shares of a C corporation whose main asset was real estate. We needed to determine whether the value of the shares should be discounted for the entire amount of built in capital gains tax or a portion of it, reflect the reduced value
- [Creative Solutions to Workforce Planning](https://www.gibney.com/case-studies/creative-solutions-to-workforce-planning/) - Challenge When changing business needs required that the company restructure, our client wanted to consolidate its workforce. The goal was to minimize the impact on its employees and work environment, and avoid litigation. Solution We counseled management on the best strategy for a reduction in force. We developed a voluntary retirement incentive program and provided
- [Supporting Innovation](https://www.gibney.com/case-studies/innovative-thinking/) - CHALLENGE As an emerging business, our client, a technology company, needed guidance on its corporate formation and the preparation of the operating agreement. The company also needed transactional support and guidance in determining the best solutions for long-term growth. SOLUTION We drafted and reviewed employment, independent contractor, master service, non-disclosure and consulting agreements, and established a
- [Setting Up Shop](https://www.gibney.com/case-studies/lorem-ipsum-dolor-sit-amet/) - CHALLENGE As an emerging online retailer, our client needed a firm that could provide guidance on all aspects of its start-up needs from corporate formation and leasing, to immigration and employment. With an online presence, our client had additional legal issues to consider including online contracts, data protection and intellectual property. SOLUTION We advised our
- [Manufacturing Success](https://www.gibney.com/case-studies/from-start-up-to-sale/) - Challenge As a growing manufacturing company, our client required ongoing commercial business advice and solutions to support its expansion. We served as outside general counsel to the company as it developed into an industry leader with over a dozen facilities in the U.S. and Mexico. Solution We represented the company through multiple rounds of bank
- [Preserving Company Culture](https://www.gibney.com/case-studies/preserving-company-culture/) - Challenge Our client, a successful employer, was expanding its business to several new U.S. locations. It needed to ensure that its employment policies were compliant in all jurisdictions while preserving its successful corporate culture. Our client also wanted to avoid any perceptions of unfairness if employees in certain locations were treated differently because of local
- [Proactive Defense and Compliance](https://www.gibney.com/case-studies/proactive-litigation-defense-and-compliance/) - Challenge Our client, a hospitality industry employer, was faced with a multi-location class/collective action. A group of former employees brought a federal court action on behalf of an entire class of employees at two of its affiliated companies. They were seeking years of allegedly unpaid overtime under the Fair Labor Standards Act (FLSA) and state
- [Proactive Internet Enforcement](https://www.gibney.com/case-studies/internet-enforcement-strategies/) - Challenge As a leading global manufacturer, our client has been faced with multiple auction site, social media and independent website enforcement challenges. Our client also requires ongoing domain name monitoring and protection strategies to protect its online presence. Solution We combat online trademark infringement and counterfeiting by policing auction sites, social media and independent websites
- [Forward-Thinking Strategy](https://www.gibney.com/case-studies/forward-thinking-ip-strategy/) - Challenge Our client’s popular retail products were being refurbished with non-genuine parts and sold as genuine used products that retained their original trademarks. Solution We proved that trademarked goods which have been significantly altered, refurbished or reconditioned are infringing or counterfeit. Our case law is often cited and significantly expanded the scope of what can
- [Comprehensive Brand Management](https://www.gibney.com/case-studies/comprehensive-brand-management/) - Challenge We assist a global luxury goods manufacturer in managing its trademark portfolio from monitoring and oppositions to internet and social media enforcement. Our client needs a legal team that understands its objectives and broader industry trends, to develop proactive brand protection strategies. Solution Experienced in executing nationwide enforcement programs on behalf of brands, our
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