On December 1, 2020, the U.S. District Court for the Northern District of California granted a motion for summary judgment in favor of the plaintiffs that had requested to set aside two new regulations from the U.S....more
12/2/2020
/ Administrative Procedure Act ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-3 ,
H-1B ,
H-1B1 ,
Interim Rule ,
Motion for Summary Judgment ,
NPRM ,
PERM ,
Prevailing Wages ,
Wage and Hour
On August 12, 2020, the U.S. Department of State issued guidance on scenarios that may qualify for a “national interest exception” under Presidential Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of...more
On August 3, 2020, the Trump Administration issued an executive order (EO) directing the secretaries of the Departments of Labor and Homeland Security to “take action...to protect United States workers from any adverse...more
On April 13, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that due to the COVID-19 pandemic, data entry and the generation of receipt notices would be delayed until at least May 1, 2020, for fiscal year...more
On March 27, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the initial H-1B selection process for fiscal year (FY) 2021. This was the first time USCIS used an electronic registration...more
On March 20, 2020, U.S. Citizenship and Immigration Services (USCIS) announced the immediate and temporary suspension of premium processing services for all Forms I-129, Petition for a Nonimmigrant Worker and Forms I-140,...more
For the second straight year, U.S. Citizenship and Immigration Services (USCIS) will implement a staggered approach to premium processing for the H-1B cap season. For fiscal year (FY) 2021, USCIS will make premium processing...more
The continuing spread of the novel coronavirus (COVID-19) throughout the United States has caused employers to consider implementing contingency plans to help curb the spread of the disease and protect their workforces. Many...more
3/17/2020
/ Business Travel ,
Consulate ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Emergency Management Plans ,
H-1B ,
State of Emergency ,
Traveling Employee ,
U.S. Embassies ,
US Department of State ,
Visas
U.S. Citizenship and Immigration Services (USCIS) recently announced that it would begin accepting electronic registrations for H-1B candidates subject to the annual quota for fiscal year (FY) 2021 on March 1, 2020. The...more
U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will implement the new electronic H-1B registration system for the upcoming cap season. Employers seeking to file cap-subject H-1B petitions will be...more
The U.S. Department of Homeland Security (DHS) has finalized plans to charge employers a $10 registration fee for each H-1B petition they submit for registration in the agency’s new electronic H-1B registration system. The...more
The U.S. Department of Homeland Security (DHS) plans to charge employers a $10 registration fee - per H-1B candidate - to participate in its mandatory electronic H-1B registration system. The new fee will apply to all H-1B...more
U.S. Citizenship and Immigration Services (USCIS) has issued updated data confirming that requests for evidence (RFE) and denials continue to climb for most commonly used nonimmigrant visas. The rate of RFEs and denials for...more
On July 10, 2019, the U.S. House of Representatives passed H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019, by a vote of 365 to 65. The bill is intended to reduce lengthy immigrant visa (green card) wait times...more
7/12/2019
/ Corporate Counsel ,
Department of Labor (DOL) ,
EB-2 ,
EB-3 ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Labor Condition Applications ,
Pending Legislation ,
Visa Caps ,
Visas
Foreign nationals are now required to provide a five-year history of social media usernames, telephone numbers, and email addresses when applying for U.S. nonimmigrant or immigrant visas. The plan to require more information...more
6/18/2019
/ B-1 ,
Customs and Border Protection ,
Electronic Communications ,
Electronic Devices ,
Foreign Nationals ,
H-1B ,
Immigration Procedures ,
L-1 Visas ,
Social Networks ,
US Department of State ,
Visas
The Department of Homeland Security (DHS) has released its spring 2019 regulatory agenda, highlighting the agency’s rulemaking priorities through 2019. While many of the agenda items appear to be carryovers from agendas past,...more
6/13/2019
/ Department of Homeland Security (DHS) ,
Electronic Filing ,
Electronic Travel Authorization Program (eTA) ,
F-1 Visa ,
Filing Fees ,
H-1B ,
H-4 Spouses ,
Immigration Procedures ,
Proposed Regulation ,
Regulatory Agenda ,
USCIS ,
Visa Waiver Program ,
Visas
Premium processing has historically been available for all H-1B applications filed with U.S. Citizenship and Immigration Services (USCIS). However, from time to time, USCIS has suspended premium processing....more
U.S. Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap subject petitions filed for fiscal year (FY) 2020. On April 10, 2019, the agency ran computerized lotteries for both regular...more
4/15/2019
/ F-1 Visa ,
Filing Requirements ,
Foreign Students ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Lottery ,
Request for Evidence (RFEs) ,
Travelers ,
USCIS ,
Visa Caps ,
Visas
U.S. Citizenship and Immigration Services (USCIS) has updated its premium processing schedule for fiscal year (FY) 2020 H-1B cap cases. The schedule will be implemented as follows...more
The Wage and Hour Division of the U.S. Department of Labor (DOL) has published a bulletin highlighting the H-1B notice and posting procedures with which employers must comply if they elect to provide electronic notice of...more
U.S. Citizenship and Immigration Services (USCIS) has published a breakdown of the top 10 reasons it issued requests for evidence (RFEs) for H-1B petitions in fiscal year (FY) 2018. The list lends some context to recent USCIS...more
U.S. Citizenship and Immigration Services (USCIS) has announced that premium processing will be available for the H-1B cap filing season for Fiscal Year (FY) 2020. The FY 2020 cap filing season will begin on April 1, 2019. ...more
On April 1, 2019, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions subject to the annual quota for fiscal year 2020 (FY 2020). With the filing window quickly approaching, employers now...more
Effective immediately, U.S. Citizenship and Immigration Services (USCIS) has resumed premium processing for all H-1B petitions. The resumption applies to new petitions as well as those that are pending with USCIS. ...more
U.S. Citizenship and Immigration Services (USCIS) announced that the agency is postponing the implementation of the revised Form I-539 and the new Form I-539A. USCIS will continue to accept the current Form I-539, with the...more