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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...more

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...more

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...more

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...more

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...more

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...more

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...more

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...more

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....more

USCIS Completes Second H-1B Lottery for FY 2025

USCIS announced on August 6, 2024 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...more

New Biden-Harris Administration Parole in Place Spousal Protection Program:  USCIS Will Begin Accepting Applications Starting...

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....more

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...more

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...more

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...more

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...more

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...more

Plan Ahead for Holiday Travel: 2021 Checklist for Foreign Nationals and Employers

International travelers should expect busy consulates and U.S. Ports of Entry with the lifting of travel bans coinciding with the holiday season. Additionally, some consulates are not fully operational and many are...more

Biden Lifts Immigrant Visa Ban

OVERVIEW 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. ...more

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...more

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...more

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. ...more

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...more

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...more

Executive Order Increases Scrutiny on Federal Contractors and H-1B Workers

On August 3, 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...more

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...more

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