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H-1B in Transition: H-1B Lottery Conducted, 'Buy American and Hire American' EO and Other H-1B Measures to Deter Fraud

The H-1B work visa is in a state of transition. Companies and workers who rely on H-1B visas should be aware of several important changes this spring on the H-1B category, including an update on the H-1B lottery conducted by...more

Travel Ban 2.0: What Businesses Need to Know About the New Executive Order

On March 6, 2017, the White House issued a new version of the Presidential Executive Order on Protecting the Nation From Foreign Terrorist Entry Into the United States (Travel Ban 2.0) and revoked the January 27, 2017...more

USCIS Suspends Premium Processing for All H-1B Petitions Starting April 3

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced the suspension of premium processing for all H-1B petitions. This suspension starts April 3, 2017, and affects all types of H-1B cases. As outlined...more

3/7/2017  /  H-1B , USCIS , Visas

H-1B Cap-Subject Petitions: With Potential Changes Looming, U.S. Employers Must Prepare Now for April 1 Filings

April 1, 2017 is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for the FY 2018 allotment of visas for foreign national professionals in specialty occupations....more

2/22/2017  /  F-1 Visa , H-1B , USCIS , Visa Caps , Visas

Travel Ban Executive Order Update: What Businesses Need to Know

Changes coming from the White House, U.S. Customs and Border Protection (CBP), United States Citizenship and Immigration Services (USCIS), and the State Department (DOS) on travel and related issues are challenging companies...more

High-Skilled Foreign Workers: Summary of Rule Changes Effective January 17, 2017

Starting January 17, 2017, the long-awaited regulations for high-skilled workers incorporating provisions of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and...more

2016 Business Immigration Updates – Getting Through the Long Days of Summer

August ushers in a host of immigration-related news and updates, ranging from fine increases to wait times for visa appointments. Stay up-to-date with some quick notes on these issues. DOJ Fines Increase as of August 1,...more

8/5/2016  /  DHS , DOJ , EB-1 , I-9 , Inflation Adjustments , OPT , STEM , USCIS

New 24-Month F-1 STEM OPT Extension Rule Now Effective; Employers Required to Implement Training Plan for Eligible F-1 STEM OPT...

The long-awaited final rule on the F-1 STEM (Science, Technology, Engineering and Math education) Optional Practical Training (OPT) Extension, authorizing a new 24-month STEM extension for qualified foreign students, took...more

5/17/2016  /  DHS , E-Verify , Form F-1 , OPT , STEM , USCIS

USCIS Receives 236,000 Cap Subject H-1B Petitions; Lottery Conducted on April 2016

U.S. Citizenship and Immigration Services (USCIS) announced on April 12, 2016, that more than 236,000 cap subject H-1B petitions were received between April 1 and April 7 — about 3,000 more petitions for FY 2017 were filed...more

H-1B Cap Reached; USCIS to Conduct Random Lottery

U.S. Citizenship and Immigration Services (USCIS) announced April 7, 2016, that between April 1, 2016, and April 7, 2016, it received more than 65,000 cap-subject H-1B petitions and more than 20,000 H-1B petitions for...more

4/11/2016  /  H-1B , Lottery , USCIS , Visa Caps , Visas

USCIS Predicts Random Lottery for H-1B Cap and Announces Premium Processing to Start on May 16

April 1, 2016, is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for next year's allotment of visas for foreign national professionals in specialty occupations....more

3/17/2016  /  Foreign Workers , H-1B , USCIS , Visa Caps

DHS Tests Known Employer Program for Certain Immigration Petitions

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program intended to streamline the employment-based immigration process in certain visa categories. The program will modify the process U.S....more

Breaking Immigration News: F-1 OPT STEM Decision Extended Until May 10, 2016; Gives DHS Additional Time to Implement Final Rule

On January 23, 2016, Judge Huvelle of the U.S. District Court for the District of Columbia granted a motion to extend the current stay of her prior order which will allow the Department of Homeland Security (DHS) to utilize...more

High-Skilled Foreign Workers: New Rules From USCIS on H-1B Work Visas, AC21, I-140 Petitions and EADs

The long-awaited proposed rule — “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (aka I-140/AC21/EAD Proposed Rule) — was published in the Federal...more

H-1B Cap-Subject Petitions Will Be Accepted by USCIS Beginning April 1; Employers Urged to Start Process Now as Lottery Is...

April 1 is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for the 2016 allotment of visas for foreign national professionals in specialty occupations. Cap-subject H-1B...more

1/6/2016  /  DOL , Filing Deadlines , H-1B , Popular , USCIS , Visa Caps

F-1 Optional Practical Training Proposed Rule Released; Work Authorization Expanded for STEM Students

The long-awaited proposed rule on F-1 Optional Practical Training (OPT) was published in the Federal Register on October 19, 2015, by the U.S. Department of Homeland Security (DHS). The proposed rule is titled “Improving and...more

Visa Bulletin: More Changes Impacting the I-485 Process

As previously reported in our legal update from September 10, 2015, the Department of State (DOS) made a major change to the Visa Bulletin in early September. Then, on September 25, 2015, that Visa Bulletin was rescinded and...more

October Visa Bulletin Changed Again by State Department

On September 25, 2015, the Department of State issued a revised October Visa Bulletin which limits the number of people who will be able to file I-485 applications on October 1. This revised bulletin supersedes the bulletin...more

Dramatic Change to Visa Bulletin: Starting October USCIS Will Now Accept I-485 Filings for Certain Eligible Adjustment of Status...

On September 9, 2015, the Department of State (DOS) announced a major change in the content of the Visa Bulletin. This change will dramatically affect the way that I-485 adjustment of status applications can now be filed with...more

Supreme Court Decides Mata v. Lynch

On June 15, 2015, the United States Supreme Court decided Mata v. Lynch, No. 14-185, holding that federal courts of appeals have jurisdiction to review the Board of Immigration Appeals’ (Board) rejection of an alien’s motion...more

Supreme Court Decides Kerry v. Din

On June 15, 2015, the U.S. Supreme Court decided Kerry v. Din, concluding that when the government denies a visa to enter the United States to the alien spouse of a U.S. citizen based on the alien’s terrorist activities, the...more

USCIS Receives 233,000 Cap Subject H-1B Petitions; Lottery Conducted on April 2015

U.S. Citizenship and Immigration Services (USCIS) announced on April 13, 2015, that 233,000 cap subject H-1B petitions were received between April 1 and April 7. That’s 60,500 more petitions filed this year than during the...more

4/15/2015  /  H-1B , Lottery , USCIS , Visa Caps , Visas

H-1B Cap Reached; USCIS to Conduct Random Lottery

U.S. Citizenship and Immigration Services (USCIS) announced April 7, 2015, that between April 1, 2015, and April 7, 2015, it received more than 65,000 cap-subject H-1B petitions and more than 20,000 H-1B petitions for...more

4/9/2015  /  H-1B , Lottery , USCIS , Visa Caps , Visas

USCIS Predicts Random Lottery for H-1B Cap and Announces Premium Processing to Start on May 11

April 1, 2015, is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for next year's allotment of visas for foreign national professionals in specialty occupations. ...more

Certain H-4 Dependent Spouses Eligible for Work Authorization | USCIS Will Accept Filings on May 2015

The long-awaited final rule on H-4 work authorization has now been introduced by U.S. Citizenship and Immigration Services (USCIS). USCIS Director León Rodríguez has announced that the Department of Homeland Security (DHS)...more

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