U.S. Citizenship and Immigration Services (USCIS) recently updated its policy manual regarding TN visa eligibility requirements. The new guidance imposes stricter guidelines for eligibility. Changes focus on the nature of the...more
U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual, clarifying—and in some cases, narrowing—the eligibility criteria for the TN nonimmigrant classification under the United States-Mexico-Canada...more
Recent United States Citizenship and Immigration Services (USCIS) and U.S. State Department updates require businesses and individuals to adhere to new TN visa eligibility criteria—such as prohibiting self-employment,...more
USCIS has released an update to its Policy Manual, bringing significant changes to regulations on the TN nonimmigrant visa classification and perhaps some employers’ practices. For instance, because of changes to the...more
You may be disappointed if your candidate was not selected for an H-1B visa in the recent cap lottery – but not all hope is lost. If you employ foreign nationals, the good news is that you can explore certain short-term,...more
The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional positions. Most H-1B visas are subject to an annual quota or “cap.” Because demand exceeds the number of available visas,...more
The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more
As the second Trump administration takes office, we offer the following considerations for visa holders (F-1, H-1B, L-1, E-2, TN, and others) who are seeking to travel internationally....more
This article is part of a monthly column that connects popular culture to hot-button labor and employment law issues. In this installment, we focus on the immigration challenges highlighted in the romantic comedy “The...more
Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more
U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more
The United States Citizenship and Immigration Services (USCIS) announced that it will be raising the filing fee amounts for many employment-based nonimmigrant visa categories, effective April 1, 2024....more
Beginning March 6, 2024, U.S. Citizenship and Immigration Services (USCIS) will conduct its annual H-1B Cap Lottery to award H-1B slots for professional workers in specialty occupations. There are a total of 85,000 visas...more
Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...more
Employers in the automotive industry should be aware of the impact the United Auto Workers strike could have on its employees with immigration considerations. A federal government shutdown is also likely, which could impact...more
This is the sixth edition of Plugged-In, our monthly EV newsletter. In the last six months, we have covered multiple topics such as the United States’ decoupling agenda from China (and how that may not work in the...more
The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who...more
Each year in March, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to award H-1B slots to enough foreign workers to meet its 85,000 visa annual cap. This number includes 20,000 slots reserved for...more
Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more
The United States Citizenship and Immigration Services (USCIS) will soon announce the fiscal year 2024 H-1B registration period. This is an important time of the year for employers wishing to sponsor a candidate for a cap...more
The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional (degree-requiring) positions. Most H-1B visas are subject to an annual quota or “cap.” These are often referred to as...more
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
Now, Mexicans applying for TN status are eligible for four-year visas by paying a larger fee. This option allows Mexicans to avoid the hassles associated with having a three-year TN visa approval but only a one-year visa....more
Since the start of the COVID-19 pandemic, processing delays have plagued the USCIS and frustrated many employers and foreign nationals applying for and extending their visas. At its peak in January 2022, the USCIS had a...more
OVERVIEW USCIS is expected to continue using its electronic registration process for fiscal year (FY) 2023 H-1B cap season. The registration period will run in March 2022 for a minimum of 14 calendar days. H-1B CAP FY ‘23...more