U.S. Citizenship and Immigration Services (USCIS) is expanding its electronic filing access to encompass all H-1B filings. This includes H-1B “cap” or “lottery” registrations and “non-cap” petitions through the rollout of...more
The I-9 form expired on October 31, 2022, and now, seemingly out of the blue, as of August 1 we will have a new form plus something even more surprising: The option for virtual verification (at least for some employers)!...more
In an excellent development, as of January 25, 2023, the U.S. government agreed to resume the process of “bundling” H-4 and L-2 dependent applications, – including I-765 work permission applications, with the H-1B and L-1...more
1/24/2023
/ Employment Authorization Documents (EAD) ,
Foreign Workers ,
H-1B ,
H-4 ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
L-1 ,
L-2 Visas ,
Spouses ,
USCIS ,
Visas
Although foreign national entrepreneurs have helped shape the U.S. economy both historically and recently, the current U.S. immigration system is not friendly to them, especially in seeking the coveted “green card.”...more
Employers are experiencing incredible challenges recruiting for all types of jobs. Recruiting for that special “make or break” position – often for a C-suite, technology innovator, or creative – has always been tough. U.S....more
3/15/2022
/ Biden Administration ,
Foreign Nationals ,
Foreign Workers ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
O-1 Aliens of Extraordinary Ability ,
STEM ,
USCIS ,
Visas
Obtaining a “green card” usually requires the sponsorship of a close U.S. family member or U.S. employer. In the employment context, the default process is a specific employer testing the labor market for a specific job to be...more
The new year brings new possibilities, including a chance to register for the H-1B “lottery” for the fiscal year 2023. As a reminder, because of a limited number of new H-1Bs available for most employers, each year the U.S....more
One of the drawbacks of our current immigration system is that most spouses who accompany foreign workers are not allowed to work until they are well into the “green card” process. Often people spend years on temporary work...more
While states, employers, and the federal government battle over vaccine mandates for employees, the vaccine mandate for international travelers entering the United States by airplane took effect November 8, 2021....more
As part of the Biden Administration’s effort to promote access to the legal immigration system, the US Department of Homeland Security (DHS) withdrew a 2018 proposed rule to eliminate the international entrepreneur (IE)...more
In an affidavit to a federal court filed May 3, 2021, the USCIS Acting Associate Director of Service Center Operations stated that to decrease a substantial backlog, the agency was set to suspend the collection of biometrics...more
Presidential Proclamation 10014 “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak,” was rescinded by President...more
The H-1B “lottery” will soon be upon us. Here are some action steps employers seeking an H-1B visa can take now to prepare.
H-1B Lottery Overview -
The number of new H-1Bs available for most employers each year is...more
1/19/2021
/ Department of Labor (DOL) ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Labor Condition Applications ,
Lottery ,
Prevailing Wages ,
Registration Requirement ,
USCIS ,
Visas ,
Wage and Hour
In its continuing effort to limit legal immigration, the Trump Administration announced two rule changes last week to radically limit H-1Bs and the most common employment-based permanent residence process.
The first rule...more
10/13/2020
/ Comment Period ,
Department of Labor (DOL) ,
Foreign Workers ,
H-1B ,
Immigration Procedures ,
Labor Condition Applications ,
PERM ,
Prevailing Wages ,
Proposed Rules ,
Trump Administration ,
USCIS
October is the start of the federal government fiscal year and always brings some immigration news. Last week we updated you on the jump forward in the immigrant visa waiting lines. Since then, more has been announced....more
Social networks are abuzz with news that the “green card” waiting line has moved ahead substantially. For some categories, the difference is years! What does the latest update from the Department of State (DOS) mean for...more
On August 12, 2020, the Department of State (DOS) updated and expanded guidance regarding exceptions to the employment-related entry suspensions (Presidential Proclamations 10014 & 10052). As a reminder, these are the...more
8/17/2020
/ Coronavirus/COVID-19 ,
Exceptions ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Presidential Proclamations ,
Trump Administration ,
Visas
On August 3, 2020, President Trump signed yet another Executive Order implying that foreign workers harm the U.S. workforce.
The Order applies only to federal contractors or subcontractors. It requires each agency to...more
As expected, President Trump signed a Proclamation suspending entry into the United States of certain people eligible for temporary work visas, their spouses, and children effective June 24, 2020, until December 31, 2020. The...more
Many news reports indicate the Trump Administration will soon issue an expanded entry suspension to prevent entry into the United States of individuals holding H-1B and other work-related visas. While versions have been...more
You may have heard that the President tweeted earlier this week that he would soon issue an Executive Order to temporarily suspend immigration. The threatened Executive Order “suspending immigration” was issued as a...more
The wide-ranging effects of COVID-19 touch immigration laws in some significant ways. This quick guide will help you avoid pitfalls and know when to contact your attorney....more
On Friday, March 19, U.S. Citizenship and Immigration Services (USCIS) announced a suspension of the “wet” signature requirement for certain filings, allowing for copies of handwritten signatures to be accepted. The original...more
The following post contains a breaking update on remote I-9 completion from the Department of Homeland Security, breaking updates from U.S. Department of Labor, as well as new immigration-related considerations that have...more
3/23/2020
/ Audits ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Emergency Management Plans ,
Form I-9 ,
H-1B ,
State of Emergency ,
Travel Restrictions ,
USCIS ,
Visas
Beginning March 13, 2020, at 11:59 p.m. EST, the countries below have been added the entry suspension, similar to the 14-day entry suspension Iran and China.
This White House proclamation does not apply to people aboard a...more
3/13/2020
/ Categorical Exemptions ,
China ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Emergency Management Plans ,
EU ,
Foreign Nationals ,
Infectious Diseases ,
International Travel ,
Iran ,
Medical Testing ,
Presidential Proclamations ,
Public Health ,
Quarantine ,
Travel Ban ,
Travel Restrictions ,
US State Departments