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United States Citizenship and Immigration Services › Administrative Procedure Act › Foreign Workers

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Seyfarth Shaw LLP

TPS for Honduras, Nepal, and Nicaragua: Another Shift in the Legal Winds

Seyfarth Shaw LLP on

No action is required just yet, but employers and stakeholders should be aware of a significant development in the ongoing litigation surrounding Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua. We expect...more

Constangy, Brooks, Smith & Prophete, LLP

Court upholds USCIS regulation requiring amended petition for change in location

Constangy, Brooks, Smith & Prophete, LLP on

The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more

Harris Beach Murtha PLLC

Effects of Employment Authorization Processing Delays on Foreign Workers and Companies

Harris Beach Murtha PLLC on

In December 2020, we reported on the pandemic’s adverse effects on United States Citizenship and Immigration Services (USCIS) and how the nearly four-month office closure of Application Support Centers (ASCs) and Field...more

Herbert Smith Freehills Kramer

US District Court Sets Aside Interim Final Rules Affecting H-1Bs Previously Issued by the US Department of Labor and Department of...

Herbert Smith Freehills Kramer on

On Dec. 1, the United States District Court in the Northern District of California set aside two Interim Final Rules affecting the H-1B program, holding that the Rules were promulgated in violation of the Administrative...more

Harris Beach Murtha PLLC

Recent H-1B Restrictions Overturned by Federal Court

Harris Beach Murtha PLLC on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Issues Interim Final Rule to Restrict Requirements for H-1B Visa Classification

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its long-speculated interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program.” According to the interim final rule’s...more

Jackson Lewis P.C.

New Rule Likely Intended To Formalize Onerous H-1B Requirements

Jackson Lewis P.C. on

The “Strengthening the H-1B Nonimmigrant Visa Classification Program” rule has been submitted to the Office of Information and Regulatory Affairs (OIRA) for review and could be published by the end of the year – or earlier....more

Amundsen Davis LLC

U.S. Citizenship And Immigration Services Policy Challenged On Third-Party Worksites

Amundsen Davis LLC on

A U.S. Citizenship and Immigration Services (USCIS) memorandum-issued policy is at the heart of a court case challenging recent H-1B visa denials. The “Contracts and Itineraries Requirements for H-1B Petitions Involving...more

Littler

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

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