United States Citizenship and Immigration Services (USCIS) has now published a final policy memorandum designed to bring employers into compliance with the ruling in Matter of Simeio Solutions, LLC and to assess whether H-1B...more
On August 12, 2015, a federal judge in Washington D.C. ruled that the Department of Homeland Security (DHS) improperly enacted a 2008 rule extending “Optional Practical Training” (OPT) for eligible foreign students in STEM...more
As H-1B employers scramble to create a plan of action to ensure compliance with new guidelines and interpretations surrounding H-1B workers and changes in worksite, industry leaders are calling for more temperate policy...more
This seems like an obvious question that only has a “YES” answer.
After all, why do we have all these employment-based visa categories: H-1Bs for professionals, L-1s for intra-company transfers, E-1s and E-2s for treaty...more
We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more
USCIS recently published Guidance purporting to rely on Matter of Simeio Solutions, addressing when employers must file an amended H-1B petition on behalf of H-1B workers who are transferred to a new work location not listed...more
This month, we take a survey of recent changes affecting employers’ ability to attract and retain foreign workers.
L-1B visa denials According to U.S. Citizenship and Immigration Services’ (USCIS) data released under a...more
While many immigration practitioners wait anxiously for a resolution to the judicial challenges faced by DAPA and expanded DACA, others let out a sigh of relief at the announcement made today by U.S. Citizenship and...more
Employers who wish to hire foreign workers in a “specialty occupation” this year should start the process now in order to submit their petitions on April 1, the first day that U.S. Citizenship & Immigration Services (USCIS)...more
For employers looking to bring non-US citizens into the United States, an important immigration deadline is around the corner. Failure to properly plan for and meet this deadline may result in the employer’s inability to...more
February has rolled around again, so it's time to start working on H-1B petitions that must be filed on April 1 for eligibility under the H-1B cap.
Many of our clients are exempt from the H-1B cap: colleges,...more
Breaking News: President Obama's Executive Action Plan for Business Immigration -
President Obama has announced a series of executive actions regarding immigration reforms, many of which focus on illegal immigration at...more
DHS Proposes to Issue Employment Authorization to Certain H-4 Spouses -
On May 12, 2014, the U.S. Department of Homeland Security ("DHS") proposed a rule that would authorize employment authorization for certain H-4...more
It is common for companies to hire college students and plan to continue their employment after graduation. Increasingly, many foreign college students are in the United States on F-1, student visas and receive 12 months of...more
On April 1, 2014, the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting new H-1B petitions for employment commencing on October 1, 2014. New H-1B petitions are subject to an annual limit of 65,000 new...more
Last month, the so-called “Gang of Eight” Democratic and Republican Senators released their comprehensive immigration reform bill entitled the “Border Security, Economic Opportunity, and Immigration Modernization Act of...more
The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) have a Bachelor’s degree, and the Petitioner (the...more
Now is the time for employers to assess their FY 2014 H-1B needs and to start preparing their petitions for submission on April 1.
Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West.
This chapter discusses the current immigration enforcement climate for US employers, which involves a...more
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