On August 23, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it has selected sufficient H-1B Visa Petitions to reach the congressionally mandated 65,000 regular cap and 20,000 U.S. advanced degree...more
At the beginning of each fiscal year, U.S. government agencies announce their regulatory agendas, which guide the agencies’ future actions. Here are the most relevant short and long-term regulatory changes that have been...more
7/8/2022
/ Adjustment of Status ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Filing Fees ,
H-1B ,
Immigration Procedures ,
L-1 Visas ,
Prevailing Wages ,
Regulatory Agenda ,
US Department of State ,
USCIS
Secretary Of Homeland Security Mayorkas Has Designated Ukraine for Temporary Protected Status for 18 Months, Commencing April 19, 2022 and Concluding on October 19, 2023....more
On January 28, the U.S. Citizenship and Immigration Services (USCIS) announced the registration dates for FY 2023 H-1B cap filings with the agency. Filing submission dates are March 1, 2022, at 12 p.m. ET and the registration...more
Background-
The H-1B nonimmigrant visa is one of the most highly utilized and sought-after temporary work visas and facilitates the employment of foreign nationals entering the United States to perform employment in...more
On November 19, U.S. Citizenship Services (USCIS) announced it had completed a third H-1B lottery selection for the fiscal year 2022 cap. This is the third H-1B lottery selection this year. USCIS allows for 85,000 H1-B...more
11/23/2021
/ Filing Deadlines ,
Filing Fees ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Lottery ,
USCIS ,
Visa Caps ,
Visas
U.S. Citizenship and Immigration Services (USCIS) is expected to release new guidelines for employment authorization which will affect H-4 and L-2 spouses resulting from a settlement agreement reached in a federal court...more
On January 20, 2021, President Biden sent The U.S. Citizenship Act of 2021 (the Bill) to Congress for consideration. This legislation is considered groundbreaking and takes into consideration the last 25 years of efforts by...more
1/28/2021
/ Asylum ,
Biden Administration ,
Citizenship ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
FBI ,
Green Cards ,
H-1B ,
Immigration Reform ,
LGBTQ ,
Path To Citizenship ,
Popular ,
Temporary Protected Status
With the new Biden administration at the helm, we note that the H-1B final midnight regulations promulgated Friday, January 15, 2021, by the former administration have been rescinded. Those regulations, which set up a...more
On Friday, December 4, 2020, a federal judge ordered the U.S. Department of Homeland Security (DHS) to reopen the Deferred Action for Childhood Arrivals (DACA) program to new applicants for the first time since 2017. This...more
12/10/2020
/ Chamber of Commerce ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
DACA ,
Deferred Action ,
Department of Homeland Security (DHS) ,
Foreign Nationals ,
H-1B ,
Specialty Occupations ,
Trump Administration ,
USCIS
President-elect Joseph R. Biden’s campaign website proclaims that “Immigration is essential to who we are as a nation, our core values, and our aspirations for our future… The United States deserves an immigration policy that...more
Recent developments which are likely to have a dramatic effect on certain foreign workers seeking entrance to the United States occurred earlier this week with the introduction of dual regulatory changes by the U.S....more
Immigration partner Roxanne Levine joined Litigation partner and host Rich Schoenstein to discuss the new filing process for H-1B visas, which provide a nonimmigrant temporary visa category for certain foreign nationals that...more
8/31/2020
/ Diversity Lottery ,
Filing Requirements ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Non-Immigrant Visas ,
USCIS ,
Visa Caps ,
Visas
An executive order further limiting entry for nonimmigrant workers in H-1B, H-2B, L-1 and J-1 status (and their dependents) will take effect on June 24, 2020, at 12:01 am and will remain in effect through December 31,...more
Premium processing, the vehicle utilized by many U.S. petitioners filing for nonimmigrant and immigrant-based benefits, is being resumed by U.S. Citizen and Immigration Services (USCIS) with a phased-in approach commencing...more
U.S. Department of Labor changes regulations relating to H-1B, H-1B1 and E3 workers transferred to locations outside the intended metropolitan statistical area ("MSA").
•In an unprecedented move, The U.S. Department of...more
On March 18, the President ordered that by mutual consent, with the government of Canada, our country will close its northern border to non-essential traffic. The President confirmed that trade will not be affected. Details...more
U.S. employers are gearing up for H-1B cap season, which has traditionally commenced on April 1 each year. This year, U.S. Citizenship and Immigration Services (USCIS) has introduced an unprecedented procedure - an electronic...more
U.S. Citizenship and Immigration Services (USCIS) published a final rule requiring employers to pay a $10.00 non-refundable fee for each H-1B cap registration submitted, once the electronic system is implemented. This final...more
New regulations proposed by the Department of Homeland Security (DHS) are slated to take effect for the 2021 H-1B cap filing period, which starts on April 1, 2020.
Proposed in January 2019, the new regulations mandate that...more
The Department of Homeland Security (DHS) released its Spring 2019 Regulatory Agenda, announcing the agency's priorities and how it plans to continue furthering the current administration's immigration-related goals....more
6/27/2019
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
F-1 Visa ,
H-1B ,
H-4 Spouses ,
I-485 Applications ,
Immigration and Nationality Act ,
Immigration Procedures ,
Non-Immigrant Visas ,
Proposed Regulation ,
Registration Fees ,
Regulatory Agenda ,
Visa Waiver Program ,
Visas
Updated news from USCIS this spring includes final H-1B lottery selection news and a boon for Israeli investors who will be eligible to apply for E-2 treaty investor visas at the U.S. Embassy in Tel Aviv.
On April 11, USCIS...more
On April 5, USCIS announced that it has received a sufficient number of H-1B petitions to meet the Congressionally mandated 65,000 H-1B regular "bachelor's degree" cap cases for this fiscal year.
USCIS will next determine...more
On March 19, USCIS made a surprise announcement - it will be phasing in a new two-tiered premium processing procedure and establishing a new H-1B data hub on its website.
On April 1, USCIS will commence accepting cap-subject...more
On March 11, USCIS announced that it would resume premium processing for all H-1B petition filings. Premium processing facilitates an expedited process for adjudication of nonimmigrant petitions including H1-B, L1, O1 and O2,...more