Highly-Skilled Workers Visa

News & Analysis as of

USCIS Announces Employment Authorization Eligibility For Certain H-4 Spouses

As part of President Obama’s executive action on immigration reform, the U.S. Citizenship and Immigration Services (USCIS) announced eligibility for select H-4 dependent spouses of H-1B visa holders to obtain employment...more

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants

On February 24, 2015, the Department of Homeland Security (DHS) issued a final rule that extends eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based...more

DHS Extends Eligibility for Employment to Certain H-4 Dependent Spouses of H-1B Holders Seeking Permanent Residence

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced earlier this week that, pursuant to a published regulation effective May 26, 2015, the Department of Homeland Security (DHS) is extending...more

Now Is The Time To Initiate H-1B Cap Petitions For Foreign Students Or National Candidates Currently Abroad

The United States Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for Fiscal Year 2016 starting April 1, 2015. The allotted number of H-1B petitions that the USCIS will accept, known as...more

Annual H-1B Visa Quota Will Open on April 1, 2015

For employers looking to bring non-U.S. citizens into the United States, an important immigration deadline is around the corner. Failure to plan properly for and meet this deadline may result in the employer’s inability to...more

Reasons to Increase the H-1B Visa Cap

The H-1B visa is one of the most highly sought-after – and most difficult to obtain – work visas. Only 65,000 general H-1B visas, and 20,000 advanced degree H-1B visas, are available each year. Given that U.S. Citizenship and...more

H1-B Cap 2016 Filings Due In April, Competition Remains Steady

Time to start preparing for the H-1B Cap for Fiscal Year 2016! Demand for the H-1B visa category has steadily increased. Last year, USCIS received 172,500 petitions for 85,000 H-1B spots. Although USCIS issues receipts in...more

Overcoming H-1B Challenges – How to Prove Specialty Occupation Eligibility

The most common H work visa is the H-1B which is for “specialty occupations.” Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields...more

Immigration Law Update

The filing period for the fiscal year 2016 H-1B visa cap commences on April 1, 2015. It is expected, as has happened the last several years, that there will be a lottery based on submissions received the first week of the...more

H-1B Season is Almost Upon Us

As a reminder to all U.S. employers, H-1B season is on the horizon! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2016 on Wednesday, April 1, 2015. As such,...more

Annual H-1B Visa Quota Available But Expected to Be Exhausted in Early April

On April 1, 2015, the United States Customs and Immigration Services (USCIS) will begin accepting petitions for H-1B visas that are subject to annual quotas for the 2016 fiscal year (which would allow employees to start...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

The Immigration State of the Union: Obama Declares “We’ve Got a System to Fix”

On January 20, 2015, President Obama addressed the nation in the annual State of the Union address. Among the many topics that the president touched upon in his speech was immigration. After more sweeping immigration reform...more

Bipartisan I-Squared Act Introduced to Reform Business Immigration System

On January 13, 2015, Senators Hatch (R-Utah), Klobuchar (D-Minn.), Rubio (R-Fla.), Coons (D-Del.), Flake (R-Ariz.), and Blumenthal (D-Conn.) introduced the Immigration Innovation (“I-Squared”) Act of 2015, a major immigration...more

Time to Get Ready for the H-1B Season

The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that requires at least a bachelor’s degree or its equivalent in a specific field of study as a minimum for entry into...more

Will the New Technology-Focused Immigration Bill Succeed?

Technology companies, industry groups, and trade associations are enthusiastically supporting a new Senate bill that would make it easier for foreign nationals working in the technology sector to stay and work in the United...more

January 2015 Immigration Alert

Happy New Year!!! All of us in the Immigration Law Group at Epstein Becker Green wish you the very best for a healthy and prosperous 2015. We hope that all your petitions and applications are approved and that...more

Here We Go Again: H-1B Petitions Must be Filed by March 31

It is that time of year again. Immigration practitioners are gearing up for a busy H-1B season. Just as accountants have their April 15 deadline for filing tax returns, employers, foreign nationals, and immigration counsel...more

DOL to Modernize Recruitment and Application Requirements for the PERM Program

Before the U.S. Department of Homeland Security (DHS) may approve certain employment-based immigrant petitions, U.S. Department of Labor (DOL) must certify that (a) there are not sufficient U.S. workers who are able, willing,...more

The Devil is in the Details: What Employers and Businesses Need to Know About the President’s Executive Actions on Immigration

When President Barack Obama first addressed the nation to unveil his Immigration Accountability Executive Actions, the media and the internet were in a frenzy to see who could get the story out first. Despite the fact that...more

November 2014 Visa Bulletin

The Department of State has released its November 2014 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications. Foreign nationals...more

Obama’s Executive Actions on Immigration to Affect the Hiring and Retention of Highly Skilled Foreign Employees

The executive actions on immigration that President Obama announced in late November include a hodgepodge of new policies and directives that will impact millions of foreign nationals—both documented and undocumented—now...more

President Obama’s Executive Immigration Reform: Shining a Spotlight on Reforming Optional Practical Training “OPT”

As a part of President Obama’s recent announcement regarding his executive action on immigration, Department of Homeland Security (DHS) Secretary Jeh Johnson issued several memoranda to the directors of US Citizenship and...more

Visa Restrictions on Foreign Entrepreneurs to Ease Under Obama Immigration Directives

President Barack Obama’s immigration directives, announced on November 20, 2014, include a plan to ease visa restrictions, “mak[ing] it easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and...more

More than Amnesty – How Obama’s Executive Action Will Impact Your Business and Foreign Workers

On November 20, 2014, President Obama unveiled a broad executive action overhauling our immigration system. While the rest of the world will continue debating aspects of the law related to border security and temporary relief...more

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