News & Analysis as of

Foreign Workers H-1B H-4 Spouses

ArentFox Schiff

It’s H-1B Lottery Time Again and There Is a New Lottery System

ArentFox Schiff on

It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions...more

Littler

DHS to Streamline Adjudication of Extension of Status, Change of Status, and Work Authorization Applications for Spouses and...

Littler on

On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas. As a result of the settlement, U.S. Citizenship and Immigration Services (USCIS) has agreed to resume its...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

Fisher Phillips

Federal Immigration Officials Smooth Path for Spouses of Highly Skilled Workers to Receive Work Authorizations

Fisher Phillips on

Federal immigration officials just released helpful guidance that eases the process of spouses of highly skilled workers to receive their work authorization documentation, no doubt welcome news for employers across the...more

UB Greensfelder LLP

Immigration Settlement Clears the Way for Thousands of H-1B and L-1 Spouses to Work in the US

UB Greensfelder LLP on

Immigration Settlement Clears the way for thousands of H-1B and L-1 spouses to work in the U.S., Ulmer Immigration Group Leader David Leopold explains....more

Tarter Krinsky & Drogin LLP

Significant Changes For Employment Authorization Capability For H-4 and L-2 Spouses Result From Federal Court Lawsuit and...

U.S. Citizenship and Immigration Services (USCIS) is expected to release new guidelines for employment authorization which will affect H-4 and L-2 spouses resulting from a settlement agreement reached in a federal court...more

Nilan Johnson Lewis PA

DHS Settlement Provides Long-Awaited Changes for H-4 and L-2 Spouse Work Authorization

Nilan Johnson Lewis PA on

Spouses of H-1B and L-1 workers have long faced protracted delays by the U.S. Citizenship & Immigration Services (USCIS) in processing their work authorization (EAD) renewals. The wait has sometimes exceeded more than a...more

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

DHS Withdraws Proposed Rule to Rescind H-4 Work Authorization Program

On January 25, 2021, the U.S. Department of Homeland Security (DHS) withdrew its proposed rule that sought to eliminate the H-4 employment authorization document (EAD) program for eligible spouses of H-1B workers. The...more

Baker Donelson

It's Not Too Late! Developing a Backup Plan for Your Foreign Workers

Baker Donelson on

As H-1B cap subject petition receipt notices begin to trickle in, and employers are being notified as to whether their foreign employees will obtain an H-1B visa this cap season, it is a necessity to think about other viable...more

Jackson Lewis P.C.

DHS Moves To Rescind H-4 EAD Rule For Spouses Of H-1B Workers

Jackson Lewis P.C. on

DHS has made the first move to rescind the H-4 EAD Rule: sending the proposed rule to the Office of Management and Budget (OMB) for review. The H-4 EAD Rule provides work authorization for spouses of certain H-1B workers...more

Constangy, Brooks, Smith & Prophete, LLP

Roundup Of Key Immigration Policy Changes That Affected Employers In 2018

There have been many immigration policy changes in 2018 that affect employers directly or indirectly. Most importantly, there has been a significant shift to a more restrictive immigration philosophy that has affected the...more

Bradley Arant Boult Cummings LLP

Well, He Wrote Me a Letter: USCIS Provides Update on Initiatives under the “Buy American and Hire American” Executive Order

In April 2017, three months after taking office, President Trump signed the “Buy American and Hire American” Executive Order, which confirmed that his administration would be taking a tough stance on business immigration,...more

Akerman LLP - HR Defense

Employers Relying On H-4 Dependent Spouse Visas Better Move Fast as April 1 Lottery Looms

Proposed changes to the rule authorizing employment for H-4 status holders could spell an increase in H-1B petitions this upcoming fiscal year, and ultimately, increased sponsorship costs for employers. ...more

Foster Garvey PC

Strong Demand Expected for FY2019 H-1B Filings: Employers Should Plan Now

Foster Garvey PC on

U.S. employers who sponsor foreign workers for temporary H-1B work visas should start preparing now for the upcoming H-1B cap filing season commencing this year on Monday, April 2, 2018. Employers should start identifying...more

Dickinson Wright

Rumored Changes To The H Visa Category

Dickinson Wright on

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

Seyfarth Shaw LLP

DHS Releases Regulatory Agenda for 2018 - Major Changes Possible for H-1B, H-4, and F-1 Visa Holders

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Homeland Security (DHS) published its regulatory plan for 2018, which aligns with President Trump’s Executive Order, Buy American Hire American. ...more

FordHarrison

USCIS Temporarily Suspends Premium Processing of H-1B Petitions

FordHarrison on

USCIS has announced that it will temporarily suspend Premium Processing for all H-1B petitions, beginning April 3, 2017. The suspension will apply to all H-1B petitions, including new H-1B cases filed under the FY18 H-1B cap,...more

FordHarrison

The Race to File H-1B Work Visas on April 1, 2017

FordHarrison on

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more

Baker Donelson

Immigration Update: H-1B Cap FY2017 and Aftermath; Adjudicating the L-1A Functional Manager Petition Requires Consideration of...

Baker Donelson on

The USCIS received more than 236,000 H-1B petitions during this year's FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. master's...more

Baker Donelson

H-1B Cap FY2017 and Aftermath

Baker Donelson on

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

Baker Donelson

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

Baker Donelson on

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

Shumaker, Loop & Kendrick, LLP

Mark Your Calendars: DHS Extends Employment Authorization Eligibility to Certain H-4 Dependent Spouses Effective May 26, 2015

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

Epstein Becker & Green

Special Immigration Alert: DHS Issues Proposed Rules to Retain Highly Skilled Foreign Workers

Epstein Becker & Green on

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

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