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District Court Orders USCIS to Grant H-1B for Market Research Analyst Position

As previously reported, certain job positions present a particular challenge when requesting H-1B specialty occupation status from U.S. Citizenship and Immigration Services (USCIS). ...more

Managing Workforce Contraction During An Energy Slump: Special Considerations for Nonimmigrant Workers Affected By a RIF

Continuing our weekly "Falling Oil Prices and RIFs" series, this week's topic focuses upon immigration law issues that typically arise during workforce reductions....more

H-4 Visa Holders Soon To Be Able To Work

The Department of Homeland Security (DHS) announced that it will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment based lawful permanent...more

Continued Rollout of Obama’s Executive Action on Immigration

Today, the United States Citizenship and Immigration Service (USCIS) announced that starting May 26, 2015 it will be accepting applications for employment authorization (EAD) for H-4 dependent spouses of H-1B nonimmigrants...more

USCIS Announces New Work Card Eligibility for H4 Spouses

On Tuesday, February 24, the United States Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, USCIS will begin accepting applications for work authorization of H-4 spouses of two groups of...more

Immigration Reminder: Prepare Now for April 1 H-1B Filing Deadline

This is a quick reminder that employers should prepare now if they plan to file H-1B petitions on April 1, 2015 for the fiscal year commencing Oct.1, 2015. It is expected that the demand for H-1Bs will be very strong once...more

USCIS Announces Work Permits for Qualifying Spouses of H-1B Employees

U.S. Citizenship & Immigration Services (USCIS) announced on February 24 that certain qualifying spouses of H-1B workers will be allowed to apply for a work permit beginning on May 26, 2015....more

Some H4 Spouses of H-1Bs Can Apply for Work Cards Beginning May 26, 2015

On Tuesday, February 24, the United States Citizenship and Immigration Services (USCIS) announced that, effective May 26, 2015, USCIS will begin accepting applications for work authorization of H-4 spouses of two groups of...more

H-1B Visa Season (And Employment Authorization For Certain H-4 Spouses) Is Here!

H-1B visa season is upon us, and Wiggin and Dana would like to encourage employers subject to the annual visa quota (or cap) to evaluate potential employee candidates as soon as possible. The demand for H-1B visas remains...more

Certain H-4 Dependent Spouses Eligible for Work Authorization | USCIS Will Accept Filings on May 2015

The long-awaited final rule on H-4 work authorization has now been introduced by U.S. Citizenship and Immigration Services (USCIS). USCIS Director León Rodríguez has announced that the Department of Homeland Security (DHS)...more

Spouses of H-1B Visa Holders Who Apply for Residency Can Apply for Work Permits Starting May 26

On February 24, U.S. Citizenship and Immigration Services (USCIS) announced that it will start accepting applications for work authorization from certain spouses of H-1B visa holders beginning May 26, 2015. This regulatory...more

Certain H-4 Dependent Spouses Eligible for Work Authorization USCIS Will Accept Filings on May 2015

In May 2014, DHS issued a proposed rule to amend current immigration regulations to allow for the employment authorization of certain H-4 dependent spouses. DHS accepted comments on the proposed rule until mid-July. ...more

Immigration Update: Department of Homeland Security announces action on employment authorization for certain H-4 spouses

The Department of Homeland Security (DHS) has announced that effective on May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants will be eligible for employment authorization. DHS will focus on employment...more

H-4 Spouses of Certain H-1B Workers May Apply for Work Authorization Beginning on May 2015

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that effective May 26, 2015, the Department of Homeland Security (DHS) will extend employment authorization to H-4...more

It’s Here: H-4 Spouse Work Authorization is Now A Reality (For Some)

For some time now, H-1B workers and their families have been waiting for the government to announce that certain H-4 visa holders are eligible for work authorization. The long-awaited announcement came today, as US...more

USCIS Announcement Today: Applications for Employment Authorization of Certain Spouses of H-1B Non-Immigrants Begins In May

Earlier today, February 24, 2015, the US Citizenship and Immigration Services (USCIS) announced they will begin accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants...more

DHS Extends Eligibility for Work Authorization to the Spouses of Certain H-1B Status Holders

In a significant development in federal immigration reform, USCIS announced today that, effective later this spring, a new rule will provide spouses of some H-1B status holders with authorization to work in the United States....more

The H-1B Visa - the New Powerball The H-1B Visa: The New Powerball

The Time is Now - Based on the extremely limited nature of the H-1B filing window, employers are advised to begin laying the groundwork now to maximize the opportunity to obtain one of the highly coveted H-1B slots....more

Overcoming H-1B Challenges – Obtaining a Certified Labor Condition Application (LCA)

The most common H work visa is the H-1B which is for “specialty occupations.” One of the requirements for H-1B petitions is to first obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor...more

Overcoming H-1B Challenges – How to Prove Employer-Employee Relationship Exists for Off-Site Employees

The most common H work visa is the H-1B which is for “specialty occupations.” One of the requirements for H-1B petitions is to prove that an employer-employee relationship exists between the H-1B petitioner and beneficiary....more

OCAHO Finds PEO Liable for Near Maximum I-9 Fines for False Employer Attestation Violations: Is Your Business Similarly Exposed?

On January 20, 2015, Judge Ellen Thomas, a federal administrative law judge (ALJ) with the Office of the Chief Administrative Hearing Officer (OCAHO), a division of the Executive Office of Immigration Review within the U.S....more

Employers Gearing Up for H-1B Filing Season

Employers across the country should be gearing up for the H-1B filing season. With the H-1B filing deadline approaching on April 1, 2015 – and the quota expected to be reached quickly, as in previous years – if you haven’t...more

Annual H-1B Visa Quota Will Open on April 1, 2015

For employers looking to bring non-U.S. citizens into the United States, an important immigration deadline is around the corner. Failure to plan properly for and meet this deadline may result in the employer’s inability to...more

Reasons to Increase the H-1B Visa Cap

The H-1B visa is one of the most highly sought-after – and most difficult to obtain – work visas. Only 65,000 general H-1B visas, and 20,000 advanced degree H-1B visas, are available each year. Given that U.S. Citizenship and...more

USCIS Announces H-2B Cap Reached for the First Half of Fiscal Year 2015

USCIS announced that, as of January 26, 2015, it has received a sufficient number of petitions to reach the congressionally mandated limit, or “cap” on the total number of foreign nationals who may seek a visa or otherwise...more

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