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The H-1B Lottery in Times of Change

In their few weeks in power, the incoming administration made many changes to immigration policy. One thing that has not changed is the H-1B lottery. On Wednesday, USCIS announced the dates for submission and processing for...more

What Employers Should Know About the New Immigration Orders

On January 20, 2025, Donald Trump returned to the presidency. Within two hours of assuming office, he executed a series of executive orders intended to carry out a restrictive and enforcement heavy immigration agenda. While...more

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

USCIS Conducts a Second H-1B Lottery Draw

​​​​​​​On August 1, 2024 UCSIC conducted a second draw from the H-1B lottery pool. Federal law authorizes the issuance of 85,000 new H-1 visas per year....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

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more

FY 2024 H-1B Lottery Registration Period Opens March 1

Employers who recently hired F-1 foreign students and wish to continue to employ them beyond the one or three years of Optional Practical Training employment authorization should contact immigration counsel and start making a...more

USCIS Announces Further Expansion of Premium Processing Service

On January 30, 2023, US Citizenship and Immigration Service (“USCIS”) will permit employers petitioning for multinational managers and individuals seeking a national interest waiver to select premium processing for their...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

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 the H-1B Visa a Viable Option for F-1 Students and Their Employers Anymore?

An accounting firm hires a new graduate with a Bachelor of Science in Accounting degree from a local university for its audit team.  This new graduate is a foreign student utilizing the one-year Optional Practical Training...more

USCIS Accepts First Time H-1B Applications on March 1, 2022

US Citizenship & Immigration Service announced that it will accept initial applications for first time H-1B visa petitions from March 1, 2022 until March 18, 2022.  An H-1B visa allows an employer to employ a foreign national...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

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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