H-1B1

News & Analysis as of

New DHS Rule Gives Employers, Employees Flexibility in the Face of Immigrant Visa Backlogs

The Department of Homeland Security published a final rule on November 18, 2016, relating to certain employment-based visa programs. The new regulations will go into effect on January 17, 2017. The rule focuses on job...more

New Employment-Based Nonimmigrant and Immigrant Visa Regulation

On November 18, 2016, the Department of Homeland Security (DHS) issued its Final Rule amending regulations related to certain employment-based immigrant and nonimmigrant visa programs. The new rule will take effect on January...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

When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and...more

Revised Rules for H-1B1, E-3 and CW-1 Workers and EB-1 Petitioners

DHS recently published amended regulations affecting certain highly skilled workers in specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3), nonimmigrant workers in the Commonwealth of the Northern Mariana...more

Changes to U.S. immigration regulations extends the "240-day rule" to persons with temporary H-1B1, E-3, and CW-1 work visas

The American Immigration Lawyers’ Association’s (AILA’s) Verification & Documentation Liaison Committee recently published information about changes to U.S. immigration regulations extending the “240-day rule” to persons with...more

DHS Enhances Opportunities for H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants

On January 15, 2016, the Department of Homeland Security (DHS) posted a final rule in the Federal Register which revises its regulations affecting highly skilled workers in the nonimmigrant classifications for specialty...more

DHS Issues New Regulations for Certain Highly Skilled Workers

On Friday, January 15, 2016, the U.S. Department of Homeland Security published a final rule—Enhancing Opportunities for H–1B1, CW–1, and E–3 Nonimmigrants and EB–1 Immigrants—in the Federal Register. The new regulations,...more

DHS Posts Final Rule to Amend Regulations for H-1B1 and E-3 Nonimmigrant Classifications

On Friday, January 15, 2016, the Department of Homeland Security (DHS) posted to the Federal Register the final rule revising regulations affecting highly skilled workers in the nonimmigrant classifications for specialty...more

DHS Announces Final Rule Improving Certain Programs for Highly Skilled Workers

Last week, the Department of Homeland Security published a final rule that improves the programs for the H-1B1 (specialty occupations from Chile, Singapore), E-3 (specialty occupations from Australia) and CW-1 (CNMI-Only...more

DHS Publishes Final Rule Regarding Certain Immigrant and Nonimmigrants

On January 15, 2016, the Department of Homeland Security (DHS) published a final rule in the Federal Register, amending its regulations relating to the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and...more

Special Immigration Alert: USCIS Issues New Rule for Highly Skilled Workers

Today, U.S. Citizenship and Immigration Services (“USCIS”) issued its long-awaited final rule regarding highly skilled workers from Australia, Chile, Singapore, and the Commonwealth of the Northern Mariana Islands (“CNMI”),...more

E- 3, H-1B and H-1B1: Occupations That Require a Degree or Equivalent Can Be Filled, With Some Limitations

A good business plan involves consideration of both short-term and long-term goals. Your plans should do the same for your management and business employees; getting them into the U.S. as you start or grow your business, and...more

H-1B Filing Season Is Here

Now is the time for employers to assess their FY2017 H-1B needs and to start preparing their petitions for submission on April 1. On April 1, 2016, US Citizenship and Immigration Services (USCIS) will begin accepting...more

Immigration Law for Startups: Prime Visa Options

This is the second in a three-part series that provides guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas,...more

Important Proposed Changes to the H-1B Visa

On May 6th, the Department of Homeland Security (DHS) announced two proposed rule changes in hopes to attract new investment and business to the United States. The proposals would extend employment authorization to spouses of...more

USCIS H-1B Premium Processing has begun for FY 2015 Petitions

On April 28, 2014, U.S. Citizenship and Immigration Services (USCIS) began premium processing for H-1B visa petitions subject to the 2015 cap, including H-1B petitions seeking an exemption from the fiscal year cap for...more

DHS Publishes Proposed Rules to Attract and Retain Highly-Skilled Immigrants

On May 6, 2014, the U.S. Department of Homeland Security (DHS) announced the publication of two proposed rules that reflect the Obama Administration’s “continuing commitment to attract and retain highly skilled immigrants.” ...more

USCIS Regulations Slowly Catching up/Catching on to Current Immigration Realities

In recent days, the Department of Homeland Security (“DHS”) has published several proposed rules in the Federal Register, which, if adopted, will bring welcome and much needed regulatory changes....more

USCIS Proposes Changes to Allow Some H-4 Spouses to Work

On May 12, 2014, US Citizenship and Immigration Services (USCIS) published two notices of proposed rulemaking in the Federal Register. The public is able to comment on the proposed rules during the 60-day comment period. The...more

DHS Announces Proposed Rules

The Department of Homeland Security (DHS) announced this week that it will be publishing two proposed rules—one to extend employment authorization to spouses of certain H-1B workers, and another to enhance opportunities for...more

DHS Announces New Rules To Facilitate Employment for Professionals in Efforts To Attract and Retain Highly Skilled Foreign Workers

With immigration reform at a standstill, the Obama administration is taking steps to help businesses attract and retain professionals working in the U.S. The Department of Homeland Security (DHS) announced two major...more

Homeland Security Issues Proposals to Attract/Retain Highly Skilled Immigrants

Proposed regulations would grant employment authorization to qualifying H-4 nonimmigrants; apply a 240-day extension of employment authorization to timely filed requests for extensions of stay for E-3, H-1B1, and CW-1...more

Corporate Law Report: Workplace Romances, FMLA Changes, California Tax News, and More [Video]

Our latest Corporate Law Report includes a look at how to deal with office relationships, changes to FMLA rules to benefit veterans, an unfortunate tax development for investors in certain California business, and other...more

DOL Proposes Changes to Labor Condition Application and Related Forms

The U.S. Department of Labor (DOL) recently proposed significant changes to the Labor Condition Application (LCA), ETA Form 9035 and related forms for H-1B, H-1B1, and E-3 visa petitions. The LCA, which is submitted online...more

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