What's at Stake for Immigration?
The H-1B visa classification is often referred to as the “workhorse” of nonimmigrant visa classifications, and rightfully so. It is available to foreign national employees in specialty occupations (i.e., a position that...more
The USCIS has issued new guidance in its Policy Manual, which updates the eligibility criteria for TN professionals under the United States-Mexico-Canada Agreement, also known as the “USMCA.” This guidance outlines...more
In the past few years, it has become difficult to prepare immigration strategies for religious workers due to the length of time it takes for religious worker green cards to be approved. The delay is new and does not make a...more
The need for a modernization of the H-1B Program has been in the pipeline and in discussion throughout the Biden years, but only in the waning days of the administration did the Department of Homeland Security (DHS) issue...more
On December 18, 2024, the Biden administration’s Department of Homeland Security published its final rule to overhaul several aspects of the H-1B visa program. This final rule, which takes effect 30 days after publication, is...more
The U.S. Department of Homeland Security issued its H-1B modernization Final Rule this Wednesday. The rule is intended to improve the H-1B program by providing clarifications to make the program more efficient, improving the...more
On Dec. 18, 2024, USCIS released the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Final Rule. First proposed in October 2023, the Biden...more
Significant modifications to the H-1B visa program are expected to be implemented by the Department of Homeland Security. The agency issued a Notice of Proposed Rulemaking (NPR) that would “modernize the H-1B specialty...more
On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program. DHS states...more
The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more
On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more
Federal immigration authorities have just published long-awaited revisions to the H-1B visa process intended to modernize that nonimmigrant category and tighten the annual lottery system that has long frustrated employers and...more
U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements...more
On February 24, 2021, USCIS expanded its premium processing service to Petitioners requesting a change of status or extension of status in the E-3 Specialty Occupation Workers from Australia nonimmigrant visa...more
The U.S. Citizenship and Immigration Services (USCIS) recently made an announcement that they will begin accepting registrations for the upcoming 2022 H-1B fiscal year starting on March 9, 2021 at 12 p.m. ET and ending on...more
A federal appeals court just confirmed an uncomplicated interpretation of the “specialty occupation” definition for H-1B visas, clearing the way for a wide variety of industries to seek these highly sought-after visas. At the...more
This week, the Ninth Circuit resolves a novel question about continuing violations under the Defend Trade Secrets Act, and invalidates an agency’s conclusion that computer programmers are not entitled to “specialty...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
On December 1, 2020, the U.S. District Court for the Northern District of California issued a decision overturning two recent Interim Final Rules promulgated by the U.S. Department of Labor (DOL) and U.S. Department of...more
The current administration’s course on immigration ushered in heightened standards for obtaining immigration benefits, restructuring visa allocations through executive orders and renewed and continues to emphasize immigration...more
On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” which will become effective December 7, 2020. This rule...more
During the first week of October and just days into the new fiscal year, the Trump Administration announced two significant changes for employers who wish to sponsor foreign workers. The first of these announcements affects...more
On October 8, 2020, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) that significantly revises the "specialty occupation" H-1B legal standard, among other changes. The regulation is...more
On October 8, 2020, the U.S. Department of Labor (DOL) published an Interim Final Rule (IFR) that impacts prevailing wage programs for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence...more