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
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
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
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 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
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
While perhaps not top of mind when considering the many challenges that Coronavirus/COVID-19 poses to employers, immigration compliance is still required. Read the following advisory to prevent immigration law violations that...more
3/11/2020
/ Airlines ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
E-Verify ,
Form I-9 ,
H-1B ,
Immigration Procedures ,
Registration Requirement ,
Risk Management ,
Screening Procedures ,
USCIS ,
Visas
The Optional Practical Training (OPT) program allows F-1 students to work for 12 months after graduation (in most situations). F-1 students with U.S. degrees in science, technology, engineering, and math (STEM degrees) may...more
2/18/2020
/ Certification Requirements ,
Employment Authorization Documents (EAD) ,
F-1 Visa ,
Foreign Students ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
OPT ,
Required Forms ,
Site Visit Program ,
STEM ,
USCIS
Our wrap-up of immigration news from the month of January continues today as we review the implementation of the new “public charge” rule.
Implementation of Public Charge Rule -
The Trump Administration proposed a...more
2/8/2020
/ Foreign Nationals ,
Immigration Procedures ,
Immigration Reform ,
New Rules ,
Pending Litigation ,
Public Assistance ,
Public Charge ,
Residency Status ,
Trump Administration ,
Updated Forms ,
USCIS
If you have applied for an immigration benefit lately (temporary visa, permanent residence), you know the indignities of the process - especially in recent times. Slower decisions, outlandish requests for evidence, and no...more
It’s the time of year when we stop to ponder some of life’s many mysteries. If you are an immigration lawyer or an employer who can’t find enough professional workers, one of those mysteries is why the federal government...more
12/12/2018
/ Buy America ,
Comment Period ,
Executive Orders ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Lottery ,
Trump Administration ,
USCIS ,
Visa Caps ,
Visas
Over the last week, we have been looking at various changes in policy and procedure related to immigration law. We have covered the travel ban, changes to advance parole, deference to prior determinations and denials; today,...more
In our final post in this series looking at the current state of various aspects of immigration law, we are diving into H-1B, specifically the temporary suspension of premium processing for certain H-1B filings.
Catch up...more
Over the last week, we have been looking at various changes in policy and procedure related to immigration law. We have covered the travel ban, changes to advance parole, and deference to prior determinations and today, we...more
This month, we are posting status updates on a few immigration policies that impact our clients. Last week, we covered the travel ban and changes to advance parole. ...more
We shared an update on the Travel Ban as currently in effect. Now, we are going to look at Advance Parole....more
The H-1B temporary work visa program has been the focus of much speculation lately. Recent news reports have claimed that the Trump Administration is planning major changes to the program in 2018. ...more