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
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
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
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
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
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
On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process. Beginning April 1st, those selected were eligible to start filing. But what if your employee was not selected? ...more
Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more
U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal year 2022 H-1B cap (from which the annual H-1B lottery will be run). Registration begins at...more
With successive presidential proclamations and executive orders in recent months, there can be considerable confusion around what type of immigration petitions and applications can be filed, and who can enter the United...more
In light of the impact of COVID-19 on the U.S. labor market, on Monday President Trump tweeted “I will be issuing a temporary suspension of immigration into the United States.” Yesterday, the President signed an Executive...more
With the closure of Social Security Administration (SSA) offices in the wake of COVID-19, we are receiving questions concerning the impact on work authorization for individuals who may have recently entered the U.S. in a...more
As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more
A new federal rule has created a new electronic registration process for the annual H-1B lottery. The new electronic registration system will significantly change the sequence of the H-1B lottery. There will no longer be a...more
Last week, U.S. Citizenship and Immigration Services (USCIS) announced that an H-1B cap registration system (from which the annual H-1B lottery will be run) will be implemented for the upcoming fiscal year 2021 H-1B cap...more
2019 is showing to be a strong year for continued activity in the mergers and acquisitions arena. ...more
Seyfarth Synopsis: On February 11, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it revised Form I-539 and that the new version will be released on March 11, 2019. ...more