The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...more
Previously the Department of State announced the NIV Consular processing fees would increase. This Client Alert is to notify MVA Immigration Clients that the effective date of the final rule (88FR 18243) which raises some NIV...more
This Client Alert is to Notify MVA Clients who are Employers that Certain Pandemic Era Policies are Ending. During the pandemic, DHS implemented an inspection deferral policy. Under this policy, employers with employees...more
As many Employers and Foreign Nationals are likely aware, the H-1B CAP Season for USCIS 2024 Fiscal Year rapidly approaches. On Friday USICS announced it will open H-1B CAP registration at noon (12PM ET) on March 1, 2023, and...more
In response to a Lawsuit (Edakunni v. Mayorkas) filed on behalf of Spouses of H-1B and L-1 Visa Holders, USCIS has reached a settlement agreement which it will implement effective today, January 25, 2023....more
1/26/2023
/ Employer Liability Issues ,
Foreign Nationals ,
Form I-129 ,
H-4 ,
H-4 Spouses ,
Immigration ,
L-2 Visas ,
Non-Immigrant Visas ,
Settlement Agreements ,
USCIS ,
Visas
As outlined in our earlier alert, there is now a vaccine requirement for foreign nationals seeking nonimmigrant entry to the United States after international air travel.
On December 2, 2021, the Center for Disease...more
The long awaited Presidential Proclamation rescinding the current COVID-19 travel bans was issued on October 25, 2021. The proclamation becomes effective on November 8, 2021 at 12:01 am EST and replaces the existing bans with...more
10/28/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
International Travel ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Travel Ban ,
Travel Restrictions ,
Vaccinations ,
Vaccine Passports ,
Virus Testing
On July 6, 2021, the Department of State (DOS) issued guidance stating that national interest exceptions (NIEs) issued in the last 12 months are being automatically extended for 12 months from the date of approval, and for...more
7/9/2021
/ Brazil ,
China ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Filing Deadlines ,
Immigration Procedures ,
India ,
Iran ,
Ireland ,
National Interest Waiver ,
Presidential Proclamations ,
South Africa ,
Time Extensions ,
Travel Ban ,
UK ,
US Department of State ,
USCIS ,
Visas
The registration period for H-1B cap-subject petitions is rapidly approaching! As a reminder, the registration window opens at noon ET on March 9, 2021 and closes at noon ET on March 25, 2021. All beneficiaries must be...more
Due to recent changes in the Optional Practical Training (OPT) program, F-1 students currently participating in the STEM OPT extension are eligible to apply for an additional 7-months of work authorization. The deadline to...more
On April 12, 2016, USCIS announced that it conducted the "H-1B lottery" and completed its selection process for petitions to meet the FY2017 H-1B cap.
USCIS used a computer-generated random selection process to select...more
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory caps for fiscal year 2017. Based on the number of petitions received, USCIS...more
The US Department of State (DOS) has begun implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. Signed into law on December 18, 2015, the Act establishes new criteria for...more
On April 1, 2016, USCIS will begin accepting cap subject H-1B visa petitions for a start date of October 1, 2016. Due to the high demand for H-1B visas, we encourage employers to identify any employees who may require initial...more
With the holiday season rapidly approaching, now is the best time for visa holders to review their travel documents and begin planning for renewals if necessary. Planning ahead can alleviate much of the stress of...more
USCIS has issued a final guidance memorandum in regards to the precedent AAO decision in the Matter of Simeio Solutions, LLC. Per the Simeio decision, an amended H-1B petition must filed with USCIS when there is a material...more
U.S. Department of State (DOS) continues to address the technical problems with their visa systems. As announced on June 12, 2015, the issue impacts U.S. Consulates worldwide and is not specific to any particular country or...more
U.S. Department of State (DOS) recently announced it is experiencing technical problems with their overseas passport and visa systems. Individuals who submitted online visa applications or were interviewed for visas on or...more
Following the precedent decision issued on April 9, 2015 by the USCIS Administrative Appeals Office (AAO) in Matter of Simeio Solutions, LLC employers must now be more cognizant than ever before of the requirements when...more
Effective on May 26, 2015, certain dependent spouses of H-1B workers will be eligible for employment authorization. Specifically, H-4 spouses will be eligible for this new benefit provided their H-1B nonimmigrant worker...more
On April 13, 2015, USCIS conducted the computer-generated random selection process (aka “H-1B lottery”) and selected petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption....more
On April 7, 2015, U.S. Citizenship and Immigration Services (USCIS) announced it had received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2016. USCIS has also received more than the limit...more
The United States Citizenship and Immigration Service (“USCIS”) will accept cap-subject H-1B Petitions on April 1st, 2015 for start dates of October 1st, 2015 or later. ...more
The Department of Homeland Security (DHS) has announced that effective on May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants will be eligible for employment authorization. DHS will focus on employment...more
In preparation of the upcoming filing period for H-1B visa petitions for the Fiscal Year of 2016 we at Moore & Van Allen are sending this update to remind you of this upcoming event....more