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New Protections for Foreign National Spouses of U.S. Citizens Announced

President Joe Biden announced protections for undocumented foreign national spouses of U.S. citizens who have lived in the United States for 10 years without a legal immigration status. This will protect approximately 500,000...more

New, Higher USCIS Filing Fees Take Effect April 1, 2024

Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed. The H-1B filing fee, for example, will rise...more

Proposed Rule to Reform, Modernize H-1B Program

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements...more

H-1B Cap Season for Fiscal Year 2024 Is Fast Approaching

The H-1B cap season for Fiscal Year 2024 is fast approaching. USCIS announced on January 27th that cap registration begins on March 1st. Employers should assess their hiring needs and determine if they will sponsor foreign...more

H-1B Cap Registrations Selected for FY 2023

On April 18, 2022, USCIS announced that it had received 483,927 registrations for the FY 2023 H-1B Cap. This is the largest number ever received – almost 200,000 more than the total count of 308,613 for FY 2022....more

USCIS Measures to Ease Processing Times

Just as the Biden Administration is proposing increased funding for USCIS to help reduce the agency’s backlog, USCIS is announcing future new actions to improve processing times....more

O-1 and EB-1 Visa Adjudication Following USCIS Change

USCIS has increased the evidentiary burden for petitions for the O-1 Extraordinary Ability visa to mirror that for the EB-1 Extraordinary Ability visa. Both the O-1 nonimmigrant and EB-1 immigrant visa classifications...more

Time to Get Ready for FY 2023 H-1B Cap Season

USCIS has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022. If enough registrations to fill the cap are received by March 18...more

H-1B, L-1 Update: USCIS Adopts Policy Changes

Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward,...more

What Happens To The Immigration Agencies When The Government Shuts Down?

The country dodged a government shutdown at the end of September, but we may be faced with the same problem on December 3, 2021, when Congress will again have to fund the government. Because we often come close to a shutdown...more

USCIS Makes More Cap-Subject H-1B Selections, Technical Problems In Notice Access

USCIS made more random Cap H-1B selections on July 28, 2021. Notifications started to go out today – July 29, 2021. Due to a glitch in the USCIS system, attorneys do not yet have access to the notices (although some employers...more

7/30/2021  /  H-1B , USCIS , Visa Caps , Visas

USCIS: Premium Processing Available For E-3 Visa Change, Extension On Behalf Of Australian Nationals

In a surprising and welcome development to U.S. employers, USCIS today announced that employers filing E-3 visa petitions on behalf of Australian nationals will have the option of requesting premium processing when requesting...more

Immigration Reform Bill

The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration...more

USCIS Announces Opening Of H-1B Cap Season

USCIS has announced that the Cap H-1B Electronic Registration will open on March 9, 2021 at noon EST and will close on March 25, 2021 at noon EST. The process will mirror last year’s process. USCIS also announced its...more

Administration Steps Closer To Issuing End Dates On Student Visas

Immigration and Customs Enforcement (ICE) continues to push forward a proposed rule that would set a maximum period of authorized stay for students. Although the details of the rule are unknown, the draft reportedly has been...more

USCIS Announces Implementation Of H-1B Electronic Registration For FY 2021 Cap Season

The U.S. Citizenship and Immigration Services (USCIS) has announced it is implementing an electronic registration process in the next H-1B visa lottery. Employers seeking to file fiscal year 2021 H-1B cap-subject petitions...more

USCIS Announces Implementation Of H-1B Electronic Registration Process For Upcoming Cap Season

On December 6, 2019, USCIS announced it is implementing the registration process in the next H-1B lottery. H-1B employers have been awaiting confirmation of and details regarding the new registration process for H-1B...more

Administration Ups Data Collection And General Surveillance

The Trump Administration has been stepping up the collection of data in general and more specifically from visa applicants and travelers. Here are a few new policies: A pilot program has been instituted at the border...more

New Legislation Offered To Extend And Expand Conrad 30 Waiver Program

Since at least 2013, there have been efforts to make the Conrad 30 J-1 visa waiver program for physicians permanent. But that has not happened and it continues to be necessary to reauthorize the program every year....more

Insights: How To Prepare For Rescission Of H-4 Employment Program

The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions...more

New USCIS Guidance Clarifies Requirements For H-1B Petitions Involving Third-Party Worksites

Further to President Donald Trump’s Buy American and Hire American executive order, which directs the DHS to protect the interests of U.S. workers and make sure that there is no fraud, abuse, or circumvention of the laws,...more

Gear Up for H-1B, L-1 Reforms

Aiming to reform and reduce fraud and abuse in the H-1B and L-1 visa programs, bipartisan bills have been introduced in both Houses of the Congress. Outsourcers are the top users of H-1B visas. These companies are known to...more

3/14/2017  /  Corporate Counsel , H-1B , L-1 Visas , Popular , USCIS , Visas
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