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Recent Changes in Off-Site Employment Requirements

There have been recent changes in the immigration world regarding the requirements for off-site employment. Both the H-1B visa category and the L-1B visa category, which are two of the more common employment-based visa...more

State Department Announces Cut-Off Date for Chinese EB-5 Investors

As of May 1, 2015, the EB-5 category will have used up its annual limit of visas and the Department of State will establish a cut-off date of May 1, 2013 for Chinese EB-5 investors. This means that only Chinese nationals with...more

EB-5 Retrogresses By Two Years in May 2015 for Nationals of China

The Department of State has released its Visa Bulletin for May 2015 and, as predicted back in October 2014 by Chief of the Visa Control and Reporting Division, Charles Oppenheim, the EB-5 category will retrogress for...more

Record Number of H-1B Applications Emphasizes Importance of Considering Alternatives for Applicants Not Selected in Lottery

USCIS has announced that it received nearly 233,000 H-1B applications during the first week of April, nearly three times the available quota. This means that nearly two-thirds of all applications submitted to the agency will...more

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

Alternative Visa Strategies in The Aftermath of The Record-Breaking April 2015 H-1B Lottery

The United States Citizenship & Immigration Service announced yesterday that it received nearly 233,000 H-1B visa petitions in the first week of the application window for the 85,000 cap-subject visas available for fiscal...more

2016 H1B Cap Reached - Alternatives to the H-1B Visa Category

On April 7, 2015, United States Citizenship & Immigration Services (USCIS) announced it received sufficient H-1B petitions to meet the Master's and regular H-1B quotas (or "caps") for Fiscal Year 2016, which begins on October...more

Alert: USCIS Conducts Random H-1B Lottery for FY 2016

Today, after receiving nearly 233,000 petitions, United States Citizenship & Immigration Services (USCIS) announced that it conducted its lottery (a computer-generated random selection process) to select the H-1B petitions...more

H-1B Updates - (1) New Petition Required When Work Location Changes and (2) USCIS Ran Lottery for Fiscal Year 2016 on April 13

Changing years of established policy, the Administrative Appeals Office (AAO) ruled in a precedent decision on April 9, 2015 that the beneficiary of an H-1B petition working in the United States cannot change geographical...more

Changed locations require New H-1B Petition, Not Just LCA

The Attorney General has designated as "precedent" a decision of the USCIS Administrative Appeals Office (AAO) ruling that the change of a job's location outside the area covered by the original approved labor condition...more

Employment Authorization for Certain H-4 Dependent Spouses

As a reminder, effective May 26, 2015, eligibility for employment authorization will be extended to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status....more

Alternatives to the H-1B Visa: A New L-1B Adjudication Standard?

As expected, the United States Citizenship and Immigration Services (USCIS) announced that it has met the FY2016 H-1B cap during the first week of the new filing season. Over the next few weeks, many employers who filed H-1B...more

USCIS Exceeds Fiscal Year 2016 Limit on H-1B Petitions

United States Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year 2016. It also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced...more

Fiscal Year 2016 H-1B Cap Is Reached

On April 7, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had reached the H-1B cap for fiscal year 2016. The USCIS also announced that it had received more than the limit of 20,000 H-1B...more

H-1B Cap Reached – Lottery Initiated and Premium Processing Delayed

On April 7, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that it reached the statutory cap of H-1B petitions for fiscal year (FY) 2016. As predicted, the USCIS received a heavy demand for the...more

Immigration Policy by Lottery?

The diversity visa green card lottery has been an important part of U.S. immigration law for the last 20 years. It allows 55,000 foreign nationals to immigrate each year and was implemented to fulfill the worthy goal of...more

H-1B Cap Hit for Fiscal Year 2016

On April 7, 2015, US Citizenship and Immigration Services (USCIS) announced that it has received more than enough H-1B petitions to meet the numerical limit for fiscal year 2016 cap-subject H-1B visas, which includes both the...more

H-1B Cap For FY 2016 Has Been Reached

United States Citizenship & Immigration Services (“USCIS”) announced today that it has reached the congressionally mandated H-1B cap for fiscal year 2016....more

April Visa Bulletin Released

The U.S. Department of State (DOS) recently released the April Visa Bulletin. Overall, most visa categories moved forward. In particular, EB-2 India and EB-2 China advanced by seven and eight months, respectively....more

L-1B Policy Development: USCIS Issues L-1B Adjudications Memo for Comment

Today, U.S. Citizenship & Immigration Services (USCIS) issued a policy memorandum that provides guidance to field adjudicators on things to consider while adjudicating an L-1B petition. Specifically, the new L-1B...more

Common Immigration Mistakes Employers Make and How to Avoid Them

Employers looking to hire foreign nationals have a number of work visa options available to them in order to bring the foreign national into the country for employment. The process of choosing the appropriate work visa can be...more

OPT Program Under Attack

While a lawsuit challenging President Obama’s executive action has garnered headlines recently, another lawsuit that could negatively impact the labor supply and increase the cost of doing business for employers has largely...more

USCIS Resumes Processing of H-2B Petitions

As reported on March 10, 2015, the U.S. Department of Labor (DOL) suffered a setback as result of a ruling by a federal district court in the Northern District of Florida on March 4, 2015. Essentially, in Perez v. Perez, No....more

H-1Bs, H-4s and H-2Bs – Oh, My! Big developments in the H Nonimmigrant Visa Classifications, and Expanded DACA and DAPA are...

Effective May 26, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting work authorization for H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 petition...more

What Employment Visas Are Available for Foreign Worker?

Employers are, with increasing frequency, looking overseas to fill their employment needs. Not only can hiring foreign nationals help a company fill a specific position, but hiring highly-skilled foreign nationals –...more

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