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What’s Past is Prologue: Employment-Based Immigration in the Second Trump Administration

Donald Trump’s 2024 campaign promised mass deportation, ending of birthright citizenship, and “sealing” the southern border. While Trump’s rhetoric is largely aimed at the undocumented population, his electoral victory will...more

Change is Coming to the H-1B Visa

On February 1, 2024, USCIS issued two regulations that will dramatically change the operation of the H-1B visa program. H-1B visas are available to employers who wish to employ foreign nationals in positions that typically...more

USCIS Proposed Dramatic Rise in Filing Fees Will Impact Employers

On January 3, 2023, the US Citizenship and Immigration Services (”USCIS”) released its long-anticipated updated fee schedule that proposes dramatic increases to the fees employers pay to employ foreign nationals using...more

Employers May Accept Naturalization Receipts and Expired Green Cards for I-9 Purposes

This week, US Citizenship & Immigration Services (USCIS) announced a policy change that allows employers to accept a receipt notice for a naturalization application along with an expired Permanent Resident Card (a/k/a Green...more

State Department Now Issues Five-Year TN Visas to Mexican Citizens

A recent change in visa processing allows Mexican TN visa applicants to receive a five-year visa. Before this change, Mexican citizens were issued a visa valid for only one year. This policy change allows Mexican TN visa...more

Is an End to Remote I-9 Document Inspection Coming?

In 1986, the Immigration and Nationality Act (“INA”) was amended to require all employers to verify the employment eligibility of all newly hired workers. The regulations interpreting the INA require employers to physically...more

L-2 Spouses No Longer Need a Separate Employment Authorization Document For U.S. Work

On November 10, 2021, the US Department of Homeland Security settled a lawsuit and agreed that the spouses of L-1 intracompany transferees (“L-2 Spouses”) will be granted employment authorization without the need for a...more

COVID-19 Vaccine Required to Immigrate to the United States

On October 1, 2021, immigrants to the US will be required to supply evidence of vaccination against COVID-19 as a condition of immigrant visa issuance or approval of an adjustment of status application....more

Good News for Employers Seeking to Renew Employee Visa Petitions

On April 27, 2021, USCIS issued guidance to its officers instructing them to give deference to prior USCIS determinations when adjudicating petitions and applications involving the same facts and parties.  This guidance...more

USCIS Publishes Regulation Implementing Wage-Based H-1B Visa Allocation System

Yesterday, USCIS published a regulation changing the manner new H-1B visas or “Cap Subject H-1B” visas are allocated.  Federal law limits the number of new H-1B temporary worker visas issued every year to 85,000 with 65,000...more

[Webinar] How the New Biden/Harris Administration is Likely to Affect California Employers - January 27th, 9:30 am PT

For the last four years, California employers have mostly been focused on changes in state and local law, as the Trump administration has done little to regulate employers. Later this month, when the administration changes in...more

District Court Strikes Trump Administration H-1B Wage Regulations

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program.  These rules sought to restrict access to H-1B visas by redefining the...more

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