News & Analysis as of

E-2 United States Citizenship and Immigration Services

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Lottery? There are Nonimmigrant Visa Options to Consider

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more

Fisher Phillips

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

Fisher Phillips on

Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more

Stevens & Lee

H-1B Fiscal Year 2024 Cap Reached and What’s Next for Fiscal Year 2025

Stevens & Lee on

On December 13, 2023, United States Citizenship and Immigration Services (“USCIS”) announced that it reached the requisite number of H-1B Cap petitions and stopped making further selections for Fiscal Year 2024. Fiscal...more

Fisher Phillips

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

Fisher Phillips on

Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...more

Burr & Forman

Alternative Financing Sources for Developers: EB-5 And E-2 Investors

Burr & Forman on

The EB-5 immigrant visa investor program has been used as an alternative source of funding for many real estate developers. EB-5 investors have typically preferred real estate related projects, and EB-5 capital has been used...more

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Cap Lottery? The Other Visa Options to Consider

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more

Fisher Phillips

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Dorsey & Whitney LLP

FY 2024 Cap H-1B Registration Period Is Fast Approaching

Dorsey & Whitney LLP on

The United States Citizenship and Immigration Services (USCIS) will soon announce the fiscal year 2024 H-1B registration period. This is an important time of the year for employers wishing to sponsor a candidate for a cap...more

Harris Beach PLLC

USCIS Issues Counter-Intuitive Guidance on Documenting Employment Authorization for Dependent E or L Spouses for I-9 Purposes

Harris Beach PLLC on

We previously reported that USCIS reached a settlement agreement that allows the spouses of foreign nationals holding E-1, E-2, E-3, and L-1 status to work “incident to status.” This means that these spouses can work for any...more

Nilan Johnson Lewis PA

USCIS Confirms Acceptable Evidence of Employment Authorization for Certain E and L Nonimmigrant Spouses

Nilan Johnson Lewis PA on

Following the Shergill, et al. v. Mayorkas settlement, U.S. Customs & Border Protection (CBP) started issuing I-94 forms on January 30, 2022, with new Class of Admission (COA) codes for certain E and L spouses as evidence of...more

Dickinson Wright

Form I-9 Update – L1 and E1/E2 Nonimmigrant Spouses Eligible for Work Without Employment Authorization Document – Really?

Dickinson Wright on

During this challenging time for employers in search of workers, U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) have managed to cooperate to coordinate a response to the...more

Quarles & Brady LLP

U.S. Customs and Border Patrol Begins Issuing New I-94 Designations for L-2 and E-Dependent Spouse Visa Holders

Quarles & Brady LLP on

On November 19, 2021, the Quarles & Brady team issued an alert detailing U.S. Citizenship and Immigration Service’s (USCIS) policy changes regarding work authorization for L-2, H-4, and E dependent visa spouses....more

Burr & Forman

USCIS Expands Automatic Employment Authorization Extensions and Nonimmigrant Categories Eligible to Work Incident to Status

Burr & Forman on

Employment Authorization Document (EAD) processing times have been severely delayed in recent years, rendering certain dependent nonimmigrants temporarily ineligible to work and causing gaps in some U.S. employers’...more

Mintz - Immigration Viewpoints

USCIS Announces Policy Changes for H-4, L-2, and E-1/E-2/E-3 Dependent EAD Workers

Since the publication of our November 12, 2021 alert, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance following the November 10, 2021 settlement agreement and updated the I-9 Handbook providing for...more

Snell & Wilmer

Work Authorization Update—Relaxed Rules For E, L, and H Spouses

Snell & Wilmer on

Effective November 12, 2021, U.S. Citizenship and Immigration Services (“USCIS”) extended employment authorization for certain E, H, and L dependent spouses. Specifically, USCIS now recognizes that L and E dependent spouses...more

Nilan Johnson Lewis PA

Update: E-2 Spouses are Now Also Deemed Employment Authorized Incident to Status

Nilan Johnson Lewis PA on

On November 10, 2021, the parties in Shergill, et al v Mayorkas reached an important settlement that now affords an automatic extension of employment authorization for up to 180 days in narrowly defined circumstances for H-4...more

Harris Beach PLLC

Biden Administration Revives International Entrepreneur Parole Program; Plus a Look at Other Investment-Based Visa Options

Harris Beach PLLC on

Last month, the Department of Homeland Security announced that it was withdrawing a 2018 proposal to remove the International Entrepreneur (IE) Parole program from DHS regulations, effectively confirming to the public that...more

Burr & Forman

Immigration Insights Podcast: International Entrepreneur Parole Program & Biometrics Requirement

Burr & Forman on

On Burr & Forman's "Immigration Insights" podcast, host Melissa Azallion Kenny provides listeners with updates on the International Entrepreneur Parole Program and the suspension of biometric fees for dependent applicants....more

Mintz - Immigration Viewpoints

USCIS Announces Two Year Suspension of Biometric Screening Requirement for H-4, L-2 and E visa holders

U.S. Citizenship and Immigration Services (USCIS) will be suspending biometric screening requirements for H-4, L-2, E-1, E-2, and E-3 dependent visa holders for two years beginning May 17, 2021. This suspension will...more

Fisher Phillips

Immigration Authorities to Suspend Biometrics Requirement for Work Visa Dependents in Effort to Clear Up Backlog

Fisher Phillips on

The United States Citizenship and Immigration Services (USCIS) announced through a court filing on May 3 that it will suspend biometrics requirement for several categories of work visa dependent status application, thereby...more

Foley & Lardner LLP

H-1B Registration Not Selected? Here are Other Options for Seeking Temporary Employment Authorization

Foley & Lardner LLP on

U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), has just closed its annual H-1B registration, and employers are anxiously awaiting news on whether USCIS has selected...more

Cozen O'Connor

FY2022 H-1B Cap Lottery Registration

Cozen O'Connor on

On Friday, February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2022 H-1B Cap Lottery will begin on March 9, 2021. ...more

ArentFox Schiff

USCIS Implements New Fees & Forms & Premium Processing Is Lengthened

ArentFox Schiff on

On August 3, 2020, USCIS published a final rule that significantly increases the filing fees for certain immigration and naturalization petitions. The rule, which will be effective October 2, 2020, also removes certain fee...more

Seyfarth Shaw LLP

USCIS to Implement Significant Fee Changes on October 2, 2020

Seyfarth Shaw LLP on

Seyfarth Synopsis:  U.S. employers, applicants for immigration benefits, and other stakeholders should be aware of United States Citizenship and Immigration Services (USCIS) application fee increases and form changes...more

Dickinson Wright

“I Lost the H-1B Lottery… Now What?” Four Nonimmigrant Visa Alternatives to Employ for Foreign Professionals

Dickinson Wright on

Every year, U.S. employers seeking to employ foreign nationals petition United States Citizenship and Immigration Services (“USCIS”) for work authorization under the H-1B visa program. Employment positions qualify for an H-1B...more

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