News

06/17/2016

Gibney Attorneys to Speak at American Immigration Lawyers Association’s Conference

Gibney, Anthony & Flaherty LLP’s Partner Houman Afshar and Associate Zarina Syed will be speaking at the 2016 American Immigration Lawyers Association’s Annual Conference, being held in Las Vegas, Nevada from June 22-26. Mr. Afshar will be speaking on PERM Labor Certification matters, “Completing ETA Form 9141, ETA Form 9089, and Form I-140: A Practical
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06/13/2016

Immigration Alert: Increased Visa Appointment Wait Times at U.S. Consular Posts in India

U.S. Consular Posts in India are currently experiencing extraordinary wait times for nonimmigrant visa (NIV) interview appointments. As of 06/13/2016, the current wait times for all NIV categories other than B, F, and J are: Chennai – 75 days Hyderabad – 93 days Kolkata – 96 days Mumbai – 88 days New Delhi – 100
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04/22/2016

DOS Policy on Visa Revocations for Non-Immigrants with 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
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04/07/2016

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
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Reminder: ePassports Now Required for All 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. E-Passports must be in compliance with standards set by the International Civil Aviation
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04/01/2016

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). It is anticipated that USCIS will receive more H-1B visa petitions than available under the FY2017 quota, which allows for 65,000 Bachelor’s
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03/16/2016

Immigration Alert: DHS Issues Final Rule on F-1 STEM OPT Extensions

Overview 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.  Previously, F-1 STEM students who had been granted 12 months of OPT work authorization could,
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02/22/2016

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 (the “Act”).  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. At this time, the restriction
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01/29/2016

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”).  The court had previously vacated DHS’s 17-month STEM OPT extension rule and given DHS until
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01/28/2016

Immigration Alert: Plan Now for H-1B Cap Filings

April 1, 2016 marks the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B petitions subject to the Fiscal Year (FY) 2017 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
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