News & Analysis as of

H-1B Adjustment of Status

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Tarter Krinsky & Drogin LLP

The Cost of Sponsoring Foreign Talent: Can U.S. Employers Recoup the Fees?

The sponsorship of temporary, nonimmigrant work visas and U.S. permanent residence can be a tremendous lure for U.S. employers to attract and retain foreign talent— but it comes with a large price tag. Is a U.S. employer...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

Burr & Forman

Foreign National Layoffs Trigger Requirements and Present Opportunities

Burr & Forman on

It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more

Seyfarth Shaw LLP

New Year, New Fees: Proposed USCIS Fee Increases

Seyfarth Shaw LLP on

On January 4, 2023, the United States Citizenship and Immigration Services (USCIS) published a proposed rule to increase fees for most immigration benefit requests. If implemented, employers will pay significantly more for...more

Tarter Krinsky & Drogin LLP

Upcoming Immigration Regulatory Changes

At the beginning of each fiscal year, U.S. government agencies announce their regulatory agendas, which guide the agencies’ future actions. Here are the most relevant short and long-term regulatory changes that have been...more

Fisher Phillips

6 Main Workplace Immigration Considerations During M&A Transactions

Fisher Phillips on

Whether your organization is involved in the purchase of a company, a merger of corporate entities, or the spinoff of a business unit into an entirely new company, an often-overlooked aspect is taking the proper steps to...more

Epstein Becker & Green

October 2019 Immigration Alert

Epstein Becker & Green on

USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more

Harris Beach PLLC

Part 3: Small Changes in Immigration Policies with Respect to International Students Have Major Impact

Harris Beach PLLC on

In this series, Partner Danielle Rizzo explores how several small changes to student visa policy by the Trump Administration are having a major impact on the international student population in the United States. These...more

Mintz

USCIS Proposes Changes to H-1B Visa Lottery Process

Mintz on

Today, the U.S. Department of Homeland Security issued a notice of proposed rulemaking proposing amendments that would alter the process for the filing and selection of H-1B visa petitions that are subject to the annual...more

Mintz

Premium Processing Suspension Extended and Expanded for H-1B Petitions as of September 11, 2018

Mintz on

August 28, 2018, USCIS announced that it is extending the temporary suspension of premium processing for cap-subject H-1B petitions. In addition, starting September 11, 2018, USCIS will expand the suspension to include...more

Proskauer Rose LLP

Premium Processing Suspension for H-1B Cap Cases to Continue Into 2019 and Expand to Include Other H-1B Cases

Proskauer Rose LLP on

Today August 28, 2018, USCIS announced that the temporary suspension of Premium Processing (expedited processing) for H-1B Cap Petitions will be extended beyond September 10, 2018 and will likely last until February 19, 2019....more

BakerHostetler

Are You Prepared? Recent U.S Immigration Law Changes that Will Impact Your Business

BakerHostetler on

After some earlier versions that encountered significant resistance and judicial challenge, President Donald Trump issued a Proclamation on Sept. 24 that restricts travel to the United States by nationals of eight countries –...more

Proskauer - Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: Abrupt Change to Advance Parole Adjudications Without Clear Policy Objective –...

A learned colleague, Rob Cohen blogged, what could be called “a cry into the wilderness” in 2014 suggesting that the regulation at 8 C.F.R.§245.23(j) be amended so that an individual who departed the United States before an...more

Kramer Levin Naftalis & Frankel LLP

USCIS Denying Pending Advance Parole Applications for Abandonment Due to International Travel

Advance Parole allows an individual to travel internationally during the pendency of an adjustment of status (AOS) application. Those individuals who hold a valid H or L visa also have the option of using that visa to travel...more

Dentons

Change in Government Process for "Advance Parole" Travel

Dentons on

This alert applies to you only if you are in H-1B, H-4, L-1 or L-2 status and you are applying for “adjustment of status” in the United States. If you have been approved to immigrate (approved PERM or approved Form I-140)...more

Burr & Forman

Trump Administration Suspends Fast-Tracked H-1B Visas

Burr & Forman on

On March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced it would suspend premium processing, often referred to as fast tracking, for all H-1B petitions. The suspension takes effect on April...more

Moore & Van Allen PLLC

Premium Processing to be Temporarily Suspended for H-1B Petitions

As of April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. Therefore petitioners will not have the option to request 15-day, premium processing on H-1B petitions filed on or after April 3,...more

Tonkon Torp LLP

Reminder: New (Cap) H-1B Filings - April 3-7 Deadline

Tonkon Torp LLP on

February 28, 2017 U.S. employers that wish to pursue new H-1B visas on behalf of prospective or existing employees should do so as soon as possible, and contact counsel for assistance if desired. April 3 through 7, 2017 is...more

Seyfarth Shaw LLP

Immigration-Related FAQs In Response to President Trump’s Recent Executive Orders, as of February 2, 2017

Seyfarth Shaw LLP on

Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration....more

Dorsey & Whitney LLP

Proposed Changes to Employment-based Immigration Regulations

Dorsey & Whitney LLP on

At the end of last year, the Department of Homeland Security proposed amendments (published 12/31/2015) to its regulations pertaining to employment-based immigrant (permanent) and nonimmigrant (temporary) visa programs, and...more

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

DHS Issues Proposed Rule for Changes to Employment of High-Skilled Foreign Workers

On December 30, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning employment-based visa programs for high-skilled workers. The notice is published in the December...more

Hinshaw & Culbertson LLP

You Down with OPT? DHS Proposes Longer Post-Graduate Work Authorization for STEM Graduates, with a Catch

Hinshaw & Culbertson LLP on

Last week, the Department of Homeland Security (DHS) issued a proposed rule that would amend its F-1 nonimmigrant student visa regulations regarding optional practical training (OPT) for students with higher education degrees...more

Morgan Lewis

DHS Proposes New Rule for STEM OPT Extension

Morgan Lewis on

New rule would extend STEM optional practical training to 24 months. On October 19, the US Department of Homeland Security (DHS) published a proposed rule in the Federal Register to amend its F-1 nonimmigrant student...more

Mintz - Employment, Labor & Benefits...

Employers Must Withhold FICA Taxes for Students who Change Status to H-1B Starting October 1

As students and scholars’ status change from F-1, J-1 or other FICA exempt statuses to H-1B starting October 1, these employees will become subject to FICA taxes upon the effective date of their H-1B status....more

Morgan Lewis

Department of State Releases October 2015 Visa Bulletin

Morgan Lewis on

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

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