Green Cards H-1B

News & Analysis as of

A Closer Look at the USCIS Final Rule on High-Skilled Immigration

On November 18, US Citizenship and Immigration Services (USCIS) published a final rule that significantly affects the ability of employers to employ and retain foreign national workers in the United States (Final Rule)....more

Long-Awaited High Skilled Worker Regulations Published by the Department of Homeland Security

In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant...more

What will U.S. Business Immigration Look Like Under A Trump Administration?

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

Immigration Laws Stifle US Business

US immigration laws have not been created with the growing global economy’s need for foreign talent in mind, and should be reformed to promote hiring the best minds for the US economy. With globalization of the modern...more

USCIS Issues Major Proposed Rule on Employment-Based Immigration

The Proposed Rule would implement provisions of the AC21 and introduce significant reforms to the employment-based immigration process. On New Year’s Eve 2015, US Citizenship and Immigration Services (USCIS) published a...more

Holiday Planning Should Include H-1B Cap Planning

While it may seem early, the holiday season is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2017, which begins October 1, 2016. Demand for the H-1B has steadily increased so that last year,...more

USCIS Issues New Procedures for Determining Time for Filing Green Card Application

On September 9, 2015, the U.S. Citizenship and Immigration Services (USCIS) promulgated new procedures for determining the visa availability date for individuals waiting to file employment- and family-based applications for...more

Department of State Releases October 2015 Visa Bulletin

A new category of “filing” cutoff dates has been introduced to allow for earlier filing of adjustment of status applications and immigrant visa applications. The US Department of State (DOS) has released its October 2015...more

Obergefell Expands The Number Of Individuals Potentially Eligible To Apply For Immigration Benefits

Obergefell effectively expands the number of individuals who would be eligible to submit immigration applications on behalf of a same-sex spouse because same sex marriage is now legal across the country, rather than in a...more

Immigration Corner: Time to Get Simeio-Compliant, Faster H-1Bs, a Permanent Resident Card Refresher and Increased Security...

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

Q&A With Kirton McConkie's Jacob Muklewicz

Jacob T. Muklewicz is a Shareholder in Kirton McConkie PC's Salt Lake City office. Muklewicz's practice focuses on business and investor immigration. He helps employers and investors obtain the proper visas for their...more

Recent changes to employing foreign workers

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

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

President Obama Issues Executive Order On Immigration

On November 20, 2014, President Obama announced an Executive Order on Immigration Reform, which will impact U.S. businesses, as well as certain individuals currently present in the U.S. in undocumented status....more

Immigration Developments for Highly Skilled Workers: Changes the Business Community Can Expect as a Result of President Obama’s...

On Thursday, November 20th, coinciding with President Obama’s announcement regarding his forthcoming executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued a memo to the directors...more

The President’s immigration orders: 5 measures that will impact higher ed

As employers and educators of hundreds of thousands of foreign nationals each year, U.S. colleges and universities will be uniquely impacted by President Obama’s new actions targeting the U.S. immigration system....more

Obama Legalizes Undocumented, Tweaks EB Categories

On November 20, 2014, President Obama announced a bold series of measures to change removal priorities, temporarily legalize and grant work authorization to millions of undocumented persons, and make some other changes to...more

Executive Action on Business Immigration

President Obama has officially announced his plan for a series of executive actions on immigration. While the national discussion is largely focused on illegal immigration, the president’s plan impacts the business community...more

Overview of U.S. Immigration Law & Procedures for Employers

In This Presentation: - Government Agencies Involved - Terms & Definitions - U.S. Citizens - Lawful Permanent Residents (Immigrants or “Green Card” Holders) - Paths to Permanent Residency -...more

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

Government October 2013 Shutdown to Haunt H-1B and other Foreign Workers

Effective October 1, 2013, U.S. federal government operations are experiencing a lapse in appropriations due to the inability of Congress to pass a funding bill. The shutdown is preventing employers from filing H-1B...more

Immigration Shutdown: Green Card Process Delayed And E-Verify Unavailable During Government Shutdown

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC), which processes Applications for Permanent Employment Certification (the first stage of the green card process), prevailing wage requests and Labor...more

Iowa Immigration Law Blog: Huge Leap for India EB2 in August

News travels fast, so you may have already heard that the waiting line for the EB2 (advance degree professional) category for India jumped from September 1, 2004, in July to January 1, 2008, for August....more

Supreme Court’s DOMA Ruling Provides New Immigration Opportunities for Same-Sex Spouses

The United States Supreme Court’s June 2013 ruling striking down the Defense of Marriage Act (DOMA) as unconstitutional has created an opportunity for certain foreign nationals in same-sex marriages to petition for...more

Senate Approves Bill Overhauling Immigration Law

Last week the Senate passed its closely watched immigration reform bill, known as the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, by a vote of 68-32. ...more

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