Click here to read the full Client Advisory by Steptoe.

On December 6, 2019, US Citizenship and Immigration Services (USCIS) confirmed that it would implement a system-wide process overhaul aimed at addressing issues and inefficiencies with the “H-1B cap season.” At the foundation of these changes, effective as of this writing, is a newly-created, yet-to-be-fully-revealed electronic registration process. While many questions remain, the H-1B cap process has clearly changed—including the deadline.

As explained in the Client Advisory, lottery registration is a deceptively simple process—on the surface, it involves a few pieces of fairly standard data. Below the surface, however, there are attestations under penalty of perjury and penalties for abusing the new system. Employers must understand their commitments and the related implications before hitting “submit” on H-1B registrations.


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On November 2, the Trump Administration issued a 28-day Temporary Restraining Order (TRO) in an effort to revamp “public charge” financial immigration provisions. The TRO halts a Presidential Proclamation conditioning immigration eligibility upon health insurance coverage. The Proclamation is part of an effort to restrict legal US immigration through reinterpretation of long-established provisions which tie

On June 12, 2019, Steptoe’s immigration practice offered a webinar on the recent E-2 treaty investor visas for Israeli nationals. The E-2 investor visa is the culmination of lengthy efforts by both the United States and Israel, allowing Israelis to obtain a non-immigrant visa when they make business investments in the US.

If you missed

On June 12, 2019, Steptoe will offer a complimentary webinar on the recent E-2 investor visas for Israeli nationals. The E-2 visa is an extremely valuable and long-awaited US immigration option for Israelis and is the culmination of years of effort by both the United States and Israel.

For more information and to register for

Beginning May 1, 2019, Israeli citizens may apply for E-2, investor, visas. This long-awaited US immigration option for Israelis is the culmination of lengthy efforts by both the United States and Israel toward the goal of reciprocal US/Israeli investor visa options. This treaty-based, temporary, category creates options for Israelis to make business investments in the

Two recent settlements between employers and the US Department of Justice (DOJ) emphasize the complex interplay between US immigration and export control laws in the hiring process.  The settlements serve as a reminder to employers of the potential employment discrimination pitfalls for companies attempting to comply with export control laws. 

In late August 2018, the

On June 26, 2018, the US Supreme Court upheld the Trump Administration’s third travel ban and, more significantly, affirmed the president’s broad authority to restrict immigration by Executive Order (EO). In Trump v. Hawaii, the Court found that the EO was within the president’s authority under an Immigration and Nationality Act (INA) provision that

With widespread media attention on the Deferred Action for Childhood Arrivals (DACA) policy expiration and immigration policy negotiations, it is important not to overlook the start of the H-1B “cap” case season. With no time to waste, employers must determine their need for H-1B cap filings and immediately begin preparation, well ahead of the five-day

The US Supreme Court has cleared the way for enforcement of President Trump’s September 24, 2017 travel ban. On December 4, 2017, the US Supreme Court issued two, virtually identical, orders staying preliminary injunctions issued against the travel ban by lower courts in Maryland and Hawaii. The Court’s actions allow the September 24, 2017 edition of the travel ban to proceed while the Fourth and Ninth Circuit Courts of Appeals consider legal challenges to the ban on an expedited basis.

The travel ban at issue is the third in a series of hotly contested immigration restrictions implemented by President Trump via Executive Order (EO). The September 24, 2017 presidential travel ban proclamation is grounded in a global review of information sharing and security practices and identification of countries deemed to be “inadequate” in this regard. The broad scope global information sharing and security review was mandated by the March 6, 2017 EO travel ban.

As explained in more detail, below, the September 24 proclamation contains travel restrictions applicable to nationals of eight countries: Iran, Libya, Somalia, Syria, Yemen, Chad, North Korea and Venezuela. Challenges to the ban filed in Maryland and Hawaii resulted in partial injunctions, applicable to the listed countries, other than North Korea and Venezuela. The injunctions limited the ban’s restrictions to foreign nationals without a bona fide relationship with certain persons (family) or entities in the US Thus, the injunction provided a reprieve to eligible nationals of Iran, Libya, Somalia, Syria, Yemen, and Chad, if they could demonstrate a qualifying US family or entity relationship. The Supreme Court’s December 4th order removes this injunction and, thereby, allows the proclamation to move forward in full force without a bona fide relationship exception.   
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