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New Developments Regarding The H-1B Cap Filing Process For 2020 Fiscal Year Filing

We welcome 2019 with the anticipation of yet another H-1B lottery filing season, this one filled with some major changes. Traditionally, the H-1B visa category has been utilized by U.S. companies to hire international talent...more

Updated L-1 Policy Memo From USCIS Clarifying The One Year Of Continuous Employment Abroad Requirement

In November 2018, USCIS issued an updated policy memorandum clarifying the terms of visa eligibility for L-1 visa designates who may have worked abroad for a qualifying entity overseas and, in the interim, held a different...more

Big Changes Coming To The H-1B Cap Filing Process – New Online Registration System To Be Introduced In 2019

On December 3, 2018, USCIS proposed a rule removing the current requirement for U.S. employers to file cap-subject H-1B petitions commencing April 1 each year. What is changing?...more

Immigration Update: Change To Medical Examination Requirement For All U.S. Permanent Resident Applicants

All applicants for U.S. permanent residence who apply through adjustment of status proceedings or immigrant visa processing at U.S. consular posts abroad must undergo a medical examination as part of the prerequisite...more

11/13/2018  /  Immigrants , Medical Examinations , USCIS , Visas

U.S. Colleges And Universities Sue Trump Administration Over New Unlawful Presence Policy Of International Students

A group of U.S. colleges and universities, including The New School in New York City and Haverford College in Pennsylvania, have sued the Trump administration this week regarding the issuance of a new regulation affecting the...more

A Brief Analysis Of The Department Of Homeland Security's "Public Charge" Proposed Regulations

On October 10, 2018, the Department of Homeland Security (DHS) issued a proposed rule in the Federal Register suggesting changes to the "public charge" rules and how these rules would affect nonimmigrants and immigrants...more

Diversity Lottery Registration Program Available To Eligible Applicants Starting On October 3

This year's Diversity Lottery Registration Program (DV lottery) becomes available to applicants from eligible countries on October 3, 2018. Entries can only be submitted electronically. ...more

USCIS To Increase Premium Processing Filing Fee As Of October 1, 2018

U. S. Citizenship and Immigration Services (USCIS) has announced that effective October 1, it will increase the premium processing fee charge for I-129 nonimmigrant worker petitions and I-140 immigrant petitions. Premium...more

Premium Processing Suspended For H-1B Cap Cases And Expanded To Include Other H-1B Categories

On August 28, USCIS announced the temporary suspension of premium processing (expedited processing) for H-1B cap petitions. This process has permitted a U.S. petitioner to secure fast track processing of H-1B filings for a...more

USCIS Expands Authority To Deny Immigration Benefits Filings Without Requests For Evidence

On July 13, U.S. Citizenship and Immigration Services (USCIS) issued a new guidance memo for its adjudicators indicating that commencing on September 11, 2018, adjudicators may deny any and all applications or petitions...more

The U.S. State Department To Release New Limitations On Student Visas For Chinese Nationals

In December 2017, the White House released a new National Security Strategy aimed at reducing "economic theft by non-traditional intelligence collectors” and protecting American intellectual property by tightening visa...more

The Trump Administration's Efforts To Rein In H-1B Visas - What You Need To Know

The H-1B visa category has been modified many times over the past 65 years. H-1B visas facilitate the entry of foreign national professionals, while also providing safeguards that maintain the integrity of the U.S. labor...more

Social Media Vetting Scheduled To Begin At Consular Posts On May 29, 2018

On March 30, 2018, the U.S. Department of State issued a notice of request for public comment in the Federal Register regarding a new rule it intends to apply to all visa applications by foreign nationals for visitor visas,...more

USCIS Completes The Random Selection Process Of Fiscal Year 2019 H-1B Cap Filings

On April 12, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed the H-1B cap lottery selection process. Of significance to note: USCIS received 190,098 petitions this year, which is...more

What To Do After Your Company Has Filed All Of Its H-1B Petitions Now That The April 1st Deadline Has Passed

The frenzy of H-1B preparation and filing has finally ended. H-1B petitions will be reviewed by officers at one of the two United States Citizenship and Immigration Services (USCIS) Service Centers accepting petitions. USCIS...more

The Narrowing Of The NAFTA Visa Category For Canadian And Mexican Citizens Classified As Economist - A Warning Shot To Employers

On December 20, 2017, U.S. Citizenship and Immigration Services (USCIS) publicized a policy memorandum it originally released on November 20, 2017, narrowing the scope of those eligible for the TN Economist visa...more

1/3/2018  /  Canada , Mexico , NAFTA , USCIS , Visas

H-1B Filing Season 2018 Is Around The Corner And Sooner Than You Think!

On April 1, 2018, United States Citizenship and Immigration Services (USCIS) will begin accepting cap subject H-1B petitions for professional workers starting employment on October 1, 2018. In past years, the high demand for...more

U.S. Citizenship Services Rescinds Former Deferential Policy Regarding Nonimmigrant Visa Petitions

U.S. Citizenship Services (USCIS) rescinded its long-honored policy guidelines that were instituted in April 2004, and were in effect until October 23, 2017 regarding giving deference to the adjudication of prior nonimmigrant...more

11/1/2017  /  H-1B , Non-Immigrant Visas , USCIS , Visas

U.S. Department Of State Announces Revised Registration Dates For Diversity Lottery Program And Voids All Prior Entries Submitted...

On Monday, October 16, the U.S. Department of State announced that due to a technical issue, the diversity lottery (DV-2019) entry period that commenced on October 3 has been closed. The Department of State further advised...more

USCIS Announces Sweeping Changes To Policies Involving In-Person Interviews, H-1B Premium Processing, Employment Authorization And...

On September 28, 2017, the Office of the Citizenship and Immigration Services (CIS) Ombudsman hosted a stakeholder call that offered more details about the new personal interview requirements for employment-based adjustment...more

Travel Ban Update: New Presidential Proclamation Restricts Travel To The United States From Eight Countries

On September 24, President Trump issued the "Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats." This...more

Registration For This Year's Diversity Lottery Program Starts On October 3, 2017: Here's What To Know

The U.S. State Department administered DV Lottery Program awards immigrant visas (green cards) to individuals hailing from countries with low rates of immigration to the United States. This year there are 50,000 DV visas...more

Recent Developments In U.S. Immigration Law: H-1B Visa Category, Nonimmigrant Visa Applications Abroad And Suspension Of...

U.S. immigration law practitioners are expecting a turbulent fall ahead with upcoming H-1B adjudications challenges by the U.S. Department of Homeland Security, a suspension of nonimmigrant visa applications in Russia and...more

Early Summer 2017 U.S. Business Immigration Update

It has been a year of major policy shifts in U.S. immigration. In this alert, we provide an update on recent developments in business immigration in the United States. The Supreme Court's Stance on Trump's Travel Ban...more

The U.S. Department Of Labor Announces Increased Enforcement Efforts Of All Foreign Visa Worker Programs

On June 6, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor (USDOL) will conduct increased enforcement efforts encompassing all of the foreign visa worker programs it administers, including...more

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