News & Analysis as of

Employment Authorization Documents (EAD) H-1B

Hinshaw & Culbertson - Employment Law...

5 New USCIS Clarifications for Individuals With H-1B Status

U.S. Citizenship and Immigration Services (USCIS) has published a new FAQ to provide clarity and potentially encourage entrepreneurship among individuals with H-1B status. This FAQ contains a number of helpful updates and...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

Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Kerr Russell

Immigration Insider | March 2024

Kerr Russell on

Effective April 1, 2024, there will be significant changes to filing fees associated with most immigration-related applications to U.S. Citizenship and Immigration Services (USCIS). The increases are partially because the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Issues Final Rule Increasing Filing Fees

On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register to adjust immigration benefit request fees, effective April 1, 2024. The agency has stated that the “[t]he...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Morgan Lewis

Employers: Time to Begin Planning for the Fiscal Year 2025 H-1B Filing Season

Morgan Lewis on

Employers should begin evaluating their H-1B needs for fiscal year (FY) 2025. Each January, US Citizenship and Immigration Services (USCIS) releases dates for the H-1B cap registration processes, with registration generally...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

Fox Rothschild LLP

The Clock Is Ticking: H-1B Cap Season Is Here - Updated December 2023

Fox Rothschild LLP on

Each year at this time we kick off H-1B Cap Season by working with U.S. employers to prepare for registration in the upcoming H-1B Cap Lottery. U.S. employers interested in sponsoring foreign nationals for specialty...more

Fox Rothschild LLP

UPDATE: Stateside H-1B Visa Renewal Pilot Program Coming Soon

Fox Rothschild LLP on

The U.S. State Department (U.S. DOS) has taken a step toward resuming issuance of H-1B visa stamps from within the United States. It is anticipated that this could begin in early 2024 with a limited pilot program to test the...more

Amundsen Davis LLC

Minimize Your Cost by Starting the Green Card Process Early

Amundsen Davis LLC on

In the immigration community, autumn brings a new-year sense of renewal. A new US government fiscal year beginning October 1 means a fresh start to the annual allocation of green cards for those looking to apply. But...more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights - October-November 2023

A government shutdown was narrowly avoided on September 30, 2023 after Congress passed a continuing resolution to fund the government for an additional 45 days. However, another shutdown is possible if Congress does not pass...more

Fisher Phillips

What All K-12 Schools Need to Know About Immigration: New Form I-9 and Work Visa Options for Teachers

Fisher Phillips on

Immigration compliance remains a critical requirement for K-12 schools across the country. Not only do all schools need to ensure they comply with new I-9 rules and procedures, but many also have grown to rely on foreign...more

Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who...more

Parker Poe Adams & Bernstein LLP

USCIS Proposes Historic Fee Increase for Immigration Applicants

U.S. Citizenship and Immigration Services (USCIS) has proposed historic increases to its fee schedule for immigration benefit applications. Under the proposed fee rule, the filing fee for common employment-based applications...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

H-4 Work Authorization Protections Upheld: Save Jobs USA v. U.S. Department of Homeland Security

A recent ruling in the U.S. District Court for the District of Columbia provides added protection and work authorization safeguards for H-4 spouses of H-1B visa holders facing potential lawsuits and administrative challenges....more

Parker Poe Adams & Bernstein LLP

USCIS Agrees to Bundle Adjudications of H-4/H-4 EADs and L-2 Dependent Applications

In the recent legal settlement of Edakunni v. Mayorkas, the U.S. Citizenship and Immigration Services (USCIS) has agreed to resume adjudicating H-4 and L-2 dependent and H-4 employment authorization petitions at the same time...more

Mintz - Immigration Viewpoints

USCIS Agrees to Bundle Adjudications of H-4 & L-2 Spousal Extensions and EAD Applications with H-1B & L-1 Principals

On January 20, 2023, as part of a settlement agreement with the plaintiffs in Edakunni v. Mayorkas, USCIS agreed to adjudicate Forms I-539 and I-765 for extensions of H-4 and L-2 spouses and employment authorization documents...more

Harris Beach PLLC

USCIS To Bundle Adjudication of H-4 Visa Applications, H-4 EAD Applications with H-1B Petition When Filed Together

Harris Beach PLLC on

For the last several years, unnecessary delays and long processing times of H-4 and H-4 EAD (Employment Authorization) applications have caused frustration for H-1B dependents attempting to change or extend their status,...more

Fisher Phillips

USCIS Agrees to Streamline Ability of Nonimmigrant Dependent Spouses to Secure Employment Authorization

Fisher Phillips on

Federal immigration officials just agreed to streamline the process by which certain nonimmigrant dependent spouses are able to secure employment, reverting to a previous method that should reduce processing times and...more

Dentons

Faster Processing for H-4 and L-2 Dependents Starting January 25, 2023 – Including Work Permission

Dentons on

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

Sherman & Howard L.L.C.

It’s Time to Plan for H-1B “Professional” Work Authorization Registrations!

The time is nearing when U.S. employers can once again register for an opportunity to get U.S. work authorization for foreign job candidates. The H-1B “professional” work authorization and related visa is much sought-after...more

Morgan Lewis

Employers: H-1B Filing Season for Fiscal Year 2024 Is Here

Morgan Lewis on

Employers should begin assessing their H-1B needs for fiscal year (FY) 2024 now. Each year, US Citizenship and Immigration Services (USCIS) releases dates for the H-1B cap registration processes by the end of January, with...more

Constangy, Brooks, Smith & Prophete, LLP

USCIS proposes fee increases, work-related petitions hit hardest

The U.S. Citizenship and Immigration Services has issued a Notice of Proposed Rulemaking with fee increases for immigration filings. Under the proposed rule, the most dramatic increases would apply to employment-based...more

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