On December 6, 2019, USCIS announced it is implementing the registration process in the next H-1B lottery. H-1B employers have been awaiting confirmation of and details regarding the new registration process for H-1B...more
The Trump Administration would like to institute a “points-based” or “merit-based” immigration system, cut down on family-based immigration and eliminate the Diversity Lottery. To date, Congress has not passed any such...more
Despite litigation that enjoined USCIS from proceeding with the implementation of the Public Charge Rule, Department of State (DOS) seemed ready to proceed with it at Consulates abroad.
But, as of this week, DOS is no...more
Online FY 2021 Diversity Lottery registration began on Wednesday, October 2, 2019 at noon (EDT) and ends on Tuesday, November 5, 2019 at noon (EDT). This year, 55,000 Diversity Visas (DVs) will be available. The Diversity...more
In Mosleh et al. v. Pompeo et al. in the U.S. District Court for the Eastern District of California, Chief Judge Lawrence J. O’Neill ordered the Administration to show that delays in granting travel ban waivers to Yemeni...more
Concerns regarding the rescission of the H-4 EAD Rule have heightened in the wake of the publication of the Department of Homeland Security’s Spring 2019 Regulatory Agenda. In response, two California congresswomen,...more
The North American Free Trade Agreement (NAFTA) signed in 1992 was meant to make North America more competitive in the global economy by reducing trade barriers and increasing business development among the U.S., Canada and...more
Since at least 2013, there have been efforts to make the Conrad 30 J-1 visa waiver program for physicians permanent. But that has not happened and it continues to be necessary to reauthorize the program every year....more
On May 20, 2019, USCIS will begin premium processing for cap-subject H-1B cases that were filed concurrently with Form I-907 premium processing requests. Under the Premium Processing Service, USCIS guarantees 15-calendar-day...more
Without warning, USCIS announced that as of March 12, 2019, it is resuming premium processing for all H-1B petitions. This means that for an additional fee of $1,410, USCIS will guarantee a 15-calendar day processing time. By...more
USCIS announced on Friday, February 15,, 2019, that it will resume premium processing on Tuesday, February 19, 2019 for H-1B petitions filed prior to December 21, 2018. This follows up on the USCIS announcement at the end of...more
Prior to the government shutdown, it seemed that the Fairness for High-Skilled Immigrants Act might pass as an amendment to the spending package with strong bipartisan support. But that was not to be. Now members of the U.S....more
President Donald Trump surprised the immigration community recently with an encouraging tweet about H-1B visa holders: -
"H-1B holders in the United States can rest assured that changes are soon coming which will bring...more
Although the number of petitions filed has decreased slightly over the past couple of years, the H-1B cap has been reached every year for the last six years. Due to the high demand, businesses must be ready to file their H-1B...more
A potentially significant bill eliminating the per-country caps on employment-based visas may become law.
H.R. 392, Fairness for High-Skilled Immigrants Act, first introduced in 2017, had 300 co-sponsors. It is now...more
The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program.
Many of these changes have been proposed before, but have not yet made it to the rulemaking...more
On October 1, 2018 the premium processing fee for all Forms I-129 (Non-Immigrant Worker) and Forms I-140 (Immigrant Petition for Alien Worker) will be raised from $1,225 to $1,410. USCIS announced this almost 15% increase on...more
In 2012, then-President Barack Obama signed legislation allowing nationals of Israel to apply for E-2 treaty investor status, but benefit would not be available until Israel provided similar status to U.S. nationals. In March...more
It has been reported that the Trump administration is working toward limiting the number of TN visas. Based on the precepts of the Buy American, Hire American executive order, U.S. Trade Representative Robert Lighthizer has...more
USCIS has posted a policy memorandum that will radically change current policy for students and exchange visitors. The policy makes it much more likely that those in F, M or J status will find themselves accruing unlawful...more
USCIS has once again announced the temporary suspension of the Premium Processing service for all cap-subject H-1B cases, including “Master’s Cap” cases.
The suspension is expected to last until September 10, 2018, but...more
Following up on the U.S. Court of Appeals for the D.C. Circuit Order of February 21, 2018, DHS has requested still more time to review the H-4 EAD Rule. In a status report filed on February 28, 2018, just a week after the...more
Uncertainty regarding employment-related immigration regulations has not ebbed with the arrival of the New Year.
Employers may be losing employees to the possible elimination of H-4 EADs and STEM extensions. Major changes...more
The Trump Administration’s Unified Agenda of Federal Regulatory and Deregulatory Actions for the DHS contains close to 60 items.
Published in the spring and fall, the Unified Agenda gives information about regulations that...more
A bi-partisan House panel has approved the “Protect and Grow American Jobs Act,” a bill that would change eligibility requirements for exemption from the standard Labor Condition Application (LCA) requirement for...more