Employment-based Immigration: 2015 Year in Review and 2016 Forecast

02/23/2016

Download Employment-based Immigration: 2015 Year in Review and 2016 Forecast

Immigration, particularly employment-based immigration, was a hot topic in the lead up to 2016’s election-year fervor. This 2015 Year in Review and 2016 Forecast highlights several key developments, including:

  • The H-1B cap continues to be a challenge for employers and the foreign nationals they would like to employ, and recent legislation may make things even tougher.
  • The United States Citizenship and Immigration Services (USCIS) issued long-awaited guidance in several key areas, including clarification of the standard for L-1B specialized knowledge cases, along with what it means for a job to be “same or similar” enough to allow a foreign national with a pending green card application to “port” the application to a new job.
  • Congress extended the Immigrant Investor (EB-5) pilot program through September 30, 2016 without change despite strong support for changes to the minimum investment amounts and the Regional Center investment model.
  • The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices continued its trend of increased activity, buoyed by its information sharing agreement with USCIS and the E-Verify program.

The 2015 Year in Review and 2016 Forecast also highlights several issues we expect to see take center stage in 2016.

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