Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration...more
2/5/2024
/ Department of Homeland Security (DHS) ,
Employees ,
Final Rules ,
Foreign Workers ,
H-1B ,
Hiring & Firing ,
Immigration Procedures ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more
10/25/2023
/ Department of Homeland Security (DHS) ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Regulation ,
Specialty Occupations ,
USCIS ,
Visa Caps ,
Visas
Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more
9/27/2023
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Eligibility Verification ,
Federal Funding ,
Foreign Workers ,
Government Shutdown ,
H-1B ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Labor Condition Applications ,
OFLC ,
PERM ,
Popular ,
US Department of State ,
USCIS ,
Visas
Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more
In its waning hours, the Trump Administration announced comprehensive, burdensome changes to H-1B visa requirements for multiple firms across virtually all industries. Fortunately, however, the changes are set to detonate on...more
Seyfarth Synopsis: President Trump issued a new entry ban directly affecting foreign nationals in H-1B, H-2B, J-1 and L-1 status. Below is a list of 20 questions and answers that have surfaced in the first 24 hours since the...more
6/25/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
USCIS ,
Visas
Seyfarth Synopsis: President Trump issued a new order restricting travel to the United States by certain nonimmigrants, including those in H-1B, H-2B, J-1 and L-1 status. ...more
Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these...more
3/27/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
E-Verify ,
Foreign Nationals ,
Form I-129 ,
Form I-9 ,
H-1B ,
I-140 ,
Immigration Procedures ,
PERM ,
Travel Restrictions ,
USCIS ,
Visas
Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more
12/12/2019
/ Conditional Job Offers ,
Employment Authorization Documents (EAD) ,
Filing Fees ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Job Applicants ,
Lottery ,
NAFTA ,
OPT ,
Registration Requirement ,
Regulatory Requirements ,
Trump Administration ,
USCIS ,
Vetting ,
Visa Caps ,
Visas ,
Work Permits
Seyfarth Synopsis: On January 31, 2019 DHS published the final rule for the electronic pre-registration of H-1B cap petitions and changed the order of selection of filings. ...more
2/1/2019
/ Department of Homeland Security (DHS) ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Registration Requirement ,
Regulatory Requirements ,
USCIS ,
Visas
Seyfarth Synopsis: Effective September 11, 2018, USCIS will suspend Premium Processing for all H-1B petitions filed at the Vermont and California Service Centers until February 19, 2019 (excluding filings by cap-exempt...more
Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions subject to the Fiscal Year (FY) 2019 cap beginning on April 2, 2018. ...more
3/22/2018
/ Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
USCIS ,
Visa Caps ,
Visas
Seyfarth Synopsis: The Department of Homeland Security (DHS) published its regulatory plan for 2018, which aligns with President Trump’s Executive Order, Buy American Hire American.
...more
12/20/2017
/ Buy America ,
Department of Homeland Security (DHS) ,
Employment Eligibility Verification ,
Executive Orders ,
F-1 Visa ,
Foreign Workers ,
H-1B ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Immigration Reform ,
Trump Administration ,
Visas
Seyfarth Synopsis: On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for H-1B petitions filed subject to the Fiscal Year (FY) 2018...more
9/19/2017
/ F-1 Visa ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
OPT ,
USCIS ,
Visa Caps ,
Visas
Seyfarth Synopsis: The EO orders the Departments of State, Justice, Labor, and Homeland Security to propose new rules and issue new guidance to “protect the interests of U.S. workers” and “promote the functioning of the H-1B...more
Seyfarth Synopsis: USCIS completes the lottery process and receives 199,000 H-1B cap petitions.
On April 17, 2017, United States Citizenship and Immigration Services (USCIS) announced that it received 199,000 H-1B...more
Seyfarth Synopsis: USCIS announced today that it has reached the FY 2018 H-1B Cap.
On April 7, 2017, United States Citizenship & Immigration Services (USCIS) announced that it received sufficient H-1B petitions to meet...more
Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions beginning on April 3, 2017. USCIS indicates the purpose of the suspension is to process H-1B...more
3/9/2017
/ Driver's Licenses ,
F-1 Visa ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
OPT ,
USCIS ,
Visa Caps ,
Visas
Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration....more
2/3/2017
/ Adjustment of Status ,
Citizenship ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Dual Citizenship ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
H-1B ,
Immigration Procedures ,
Immigration Reform ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
Passports ,
Screening Procedures ,
Travel Ban ,
Travel Delays ,
Trump Administration ,
Vetting
Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers.
On January 17, 2017, the Department of...more
12/5/2016
/ Department of Homeland Security (DHS) ,
E-1 ,
E-2 ,
E-3 ,
Employment Authorization Documents (EAD) ,
Form I-140 Petitions ,
Grace Period ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration and Nationality Act ,
L-1 ,
O-1 Aliens of Extraordinary Ability ,
Portability ,
TN-Visas ,
USCIS
This Management Alert is intended to enable employers to identify any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2017. We recommend that employers identify any...more
The Department of Homeland Security (DHS) sent its proposed regulation on the STEM Optional Practical Training (OPT) program to the Office of Management and Budget (OMB) this week. A notice of proposed rulemaking (NPRM) is...more
10/9/2015
/ Department of Homeland Security (DHS) ,
Executive Orders ,
Form F-1 ,
H-1B ,
Highly-Skilled Workers Visa ,
Lottery ,
NPRM ,
OMB ,
OPT ,
STEM ,
Visa Caps
On Wednesday, August 12, 2015, U.S. District Court Judge Ellen Huvelle of the District of Columbia vacated the Department of Homeland Security’s (DHS) 2008 rule allowing F-1 students in the U.S. with college-level degrees in...more