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USCIS Gears up for the H-1B FY23 Cap Cycle

Executive Summary: USCIS has announced the timeline for the H-1B FY23 Cap Petition Cycle. The H-1B FY23 cap registration period will run from noon on March 1, 2022 until noon on March 18, 2022. USCIS will then conduct a...more

USCIS Gears up for the H-1B FY22 Cap Cycle

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

DHS Rescinds Policy Change on Temporary COVID-19 Exemptions for Certain International Students

After facing a number of lawsuits filed by some U.S. universities and states, the Department of Homeland Security (DHS) has agreed to rescind the policy change announced July 6, 2020 that rolled back some of the temporary...more

DHS Rolls Back Some Temporary COVID-19 Exemptions for Certain International Students

Executive Summary: The U.S. Department of Homeland Security (DHS) recently announced that it is rolling back some of the temporary COVID-19 pandemic exemptions for international students in F-1 and M-1 status that allowed...more

Minnesota Governor Signs Stay at Home Executive Order Restricting Outside Movement

In an effort to slow the spread of COVID-19, on March 25, 2020 Minnesota Governor Tim Walz issued Executive Order 20-20 directing Minnesotans to stay at home and limit outside movement beyond essential needs....more

Immigration-Specific Coronavirus Resources Available

Efforts to stem the spread of COVID-19 (coronavirus) have had a significant impact on employers who provide immigration sponsorship (both temporary and permanent) for employees.  But these impacts are also being felt more...more

Ban on Entry to US by Foreign Nationals Extended to U.K. and Ireland

On March 14, 2020, President Trump issued a Proclamation extending the travel ban on foreign nationals to the United Kingdom (excluding overseas territories outside of Europe), and the Republic of Ireland, effective midnight...more

Entry to US by Foreign Nationals Traveling from Europe Banned Effective March 13, 2020

A new Presidential Proclamation prohibits foreign nationals from entering the United States if they have been physically present in Europe within 14 days, because of the risk of transmitting the novel coronavirus....more

New Registration Process for FY 2021 H-1B Filing Season

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

New USCIS Deportation Policy Has Far-Reaching Implications for Employers

In a significant policy shift, the U.S. Citizenship and Immigration Services (USCIS) recently published a new agency policy that substantially expands the authority of USCIS to put otherwise legal immigrants into deportation...more

Federal Court Both Affirms and Invalidates Enforceability of California's Immigrant Worker Protection Act

Last February, we provided an overview of California's Immigrant Worker Protection Act, AB 450. The law, which took effect on January 1, 2018, was a response to anticipated increases in federal immigration enforcement efforts...more

New Template Makes It Easier for Employers to Provide Notice Under California's Immigrant Worker Protection Act

In a development welcomed by employers state-wide, the California Labor Commissioners Office released a template notice form for California’s recently enacted Immigrant Worker Protection Act well in advance of the July 1,...more

The Race is on to File H-1B Work Visas on April 1, 2018

We are releasing this Alert to remind employers of the fast-approaching April 1, 2018, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more

The Race to File H-1B Work Visas on April 1, 2017

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more

USCIS Releases New I-9 Form

USCIS has released a new version of the Form I-9, Employment Eligibility Verification. Employers should now start using the new 11/14/2016 version, which will become mandatory on January 22, 2017. Until then, employers may...more

Immigration Penalties Increase Effective August 1, 2016

The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by...more

Reminder - The Race Is On to File H-1B Work Visas on April 1, 2016

We are releasing this Alert to remind employers of the fast approaching April 1, 2016, deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the...more

1/14/2016  /  Deadlines , Foreign Workers , H-1B , USCIS , Work Visas

The Race to File H-1B Work Visas on April 1, 2016

We are releasing this Alert to remind employers of the fast approaching April 1, 2016 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the...more

USCIS Issues Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC – But Cautions...

On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the...more

U.S. Department of State Announces Two-Thirds of its Consular Posts are Online and Processing Visas

On June 23, 2015, the U.S. Department of State (DOS) updated its alert regarding the technical problems that resulted in world-wide delays in visa processing, announcing that 39 consular posts, representing more than...more

U.S. Department of State Experiences another World-Wide Delay in Visa Processing

On June 15, 2015, the U.S. Department of State (DOS) announced that it is experiencing technical problems with its visa system, which have resulted in delays in printing visas and may require rescheduling some visa...more

Resource Update: USCIS Issues Flawed Guidance on Filing Amended H-1B Petitions Post Matter of Simeio

USCIS recently published Guidance purporting to rely on Matter of Simeio Solutions, addressing when employers must file an amended H-1B petition on behalf of H-1B workers who are transferred to a new work location not listed...more

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

New DHS Rule Extends Eligibility for Work Authorization to H-4 Dependent Spouses of Certain H-1B Workers Starting May 26, 2015

In a historic move, effective May 26, 2015, the Department of Homeland Security ("DHS") will allow, for the first time, H-4 spouses of H-1B workers who are pursuing permanent residence ("green cards") to apply for work...more

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