This Holland & Knight alert details new U.S. Department of Homeland Security (DHS) rules amending a preexisting but rarely enforced registration requirement for foreign nationals, including Canadians and child visa holders on...more
On March 12, 2025, the Department of Homeland Security (DHS) issued an Interim Final Regulation (IFR) designating a new registration form to comply with statutory alien registration requirements. The rule takes effect on...more
The initial months of President Donald Trump’s second term have seen the administration enact several significant new immigration policies that have immediate implications for employers across the United States. Understanding...more
In a significant move to attract wealthy investors, President Donald Trump has floated a new immigration initiative known as the “Gold Card.” The initial announcement indicates that the Gold Card will make the EB-5 investment...more
On December 9, 2024, The Department of State issued two major revisions to its Exchange Visitor Skills list resulting in reducing the number of countries on the Exchange Visitor Skills List by almost half. Countries such as...more
Introduction: The United States has long been a beacon for immigrants, and the entrepreneurial spirit of immigrants has led the U.S. to be at the forefront of groundbreaking innovations in business, science, education,...more
The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1, EB-2, EB-3, EW (other workers), EB-4, and EB-5 unreserved....more
On Monday, September 9, 2024, the U.S. Department of State (DOS), working in close collaboration with U.S. Citizenship and Immigration Services (USCIS), announced publicly that all available immigrant visas in the...more
On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more
Looking back at 2023, many of the employment-based immigration changes proposed and implemented by various U.S. government agencies focused on increasing efficiency and alleviating strain on our immigration system. ...more
U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State have significant volumes of adjustment of status and immigrant visa applications in their inventories, limiting the supply of available...more
At the beginning of each federal fiscal year (October), the Department of State conducts a lottery called the Diversity Immigrant Visa Program. If a person is selected, they are eligible to submit an application for permanent...more
On September 6, 2022, U.S. Citizenship and Immigration Services (USCIS) filed a Court Declaration indicating that the agency has used nearly all available employment-based (EB) immigrant visas for this fiscal year (ending...more
U.S. Citizenship and Immigration Services (USCIS) recently updated its policy guidance related to O-1A nonimmigrants of extraordinary ability in the science, technology, engineering, and mathematics (STEM) fields. Notably,...more
On July 11, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the extension of its current Temporary Protected Status (TPS) program for Venezuelans residing in the U.S. as of March 8, 2021. The 18-month...more
J-1 exchange visitors who received graduate medical education or training in the U.S. are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act (INA). This...more
On July 20, 2021, the U.S. Court of Appeals for the D.C. Circuit held that the Immigration and Nationality Act (“INA”) precludes court review of a decision by U.S. Citizenship and Immigration Services (“USCIS”) to revoke a...more
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more
In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more
On November 17, 2020, U.S. Citizenship & Immigration Services (USCIS) issued a Policy Alert, informing stakeholders of an update to its existing policy guidance in the USCIS Policy Manual regarding the discretionary factors...more
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
On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the random H-1B visa lottery selection process used when U.S. Citizenship and Immigration...more
The U.S. Department of State recently released its October 2020 Visa Bulletin reflecting an all-time high allocation of approximately 261,500 employment-based immigrant visas and signaling an unusually quick advancement of...more
The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more
USCIS Announces Implementation of Its H-1B Electronic Registration Tool - After several months of vetting public commentary, U.S. Citizenship and Immigration Services (“USCIS”) will roll out its H-1B electronic...more