Highly-Skilled Workers Visa

News & Analysis as of

USCIS Issues Major New Immigration Regulations for Highly Skilled Workers

On November 18, 2016, USCIS issued an extensive set of revisions to immigration regulations affecting highly skilled workers. The new rules, which go into effect on January 17, 2017, clarify longstanding agency practices and...more

Practical Implications of the High-Skilled Workers Regulation

In a previous article, we summarized the key provisions of the U.S. Department of Homeland Security (DHS) regulation, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled...more

Expansive New Rule for Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

Effective yesterday, January 17, 2017, a new USCIS rule seeks to improve multiple employment-based temporary nonimmigrant and immigrant visa (“green card”) programs. The new regulations are designed to help U.S. employers...more

What to Expect on the Immigration Front from President Trump?

With the inauguration just days away, what will the immigration landscape look like in the first 100 days of the Trump Administration? We can expect a lot of talk about enforcement, about the repeal of various executive...more

Plan Now for FY 2018 Cap-Subject H-1B Visa Petitions

Now that we have rung in 2017, it is a good time to start planning for Fiscal Year 2018 cap-subject H-1B petitions. Even though Fiscal Year 2018 starts October 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will...more

New USCIS Rule Amending Several Employment-Based and Nonimmigrant Visa Programs Will Take Effect on January 17, 2017

Beginning on January 17, 2017, the U.S. Department of Homeland Security (DHS) will implement a new rule that amends certain regulations relating to employment-based immigrant and nonimmigrant visa programs. The rule's goal...more

Congress Considers Halting Job Flexibility Rule, Bill to Change Employer H-1B Exemption Eligibility

Representative Darrell Issa (R-Calif.) has introduced two pieces of legislation to watch. - The Midnight Rules Relief Act, H.R. 21, would allow Congress to overturn any regulations en masse that were finalized or will...more

Time to Plan for Fiscal Year 2018 H-1B Cap Season

H-1B petitions subject to the Fiscal Year 2018 cap (FY 2018) must be received by U.S. Citizenship and Immigration Services (USCIS) during the first five days of April 2017. As April 1 falls on a Saturday in 2017, employers...more

New USCIS Regulations To Retain High-Skilled Nonimmigrant Workers

The US Citizenship and Immigration Services (“USCIS”) published new regulations effective January 17, 2017 which modernize and improve aspects of certain employment-based nonimmigrant and immigrant visa programs. The...more

High-Skilled Foreign Workers: Summary of Rule Changes Effective January 17, 2017

Starting January 17, 2017, the long-awaited regulations for high-skilled workers incorporating provisions of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and...more

Employment Law Changes in the Trump Administration

When Donald Trump takes office in January 2017 he will enjoy Republican majorities in both the House and Senate, which should allow him to take quick action on a number of employment law issues. Although there issome...more

New High-Skilled Worker Final Rule

U.S. Citizenship and Immigration Services has published a final rule - “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” - to improve employment-based,...more

Will the New Executive Administration Impact the H-1B Lottery?

Human Resources professionals with U.S. companies that are reliant upon skilled foreign workers often spend the last few months of the calendar year and the beginning of the new calendar year identifying individuals who will...more

CIS Announces New Rule Impacting Employment-based Nonimmigrants and Immigrants

USCIS has published a final rule focused on the retention of EB-1, EB-2, and EB-3 immigrant workers and the improvement of existing temporary visa programs for high-skilled nonimmigrant workers. The new rule takes effect on...more

Department of Homeland Security (DHS) Publishes Final Rule Improving Certain Employment-Based Immigrant and Nonimmigrant Visa...

Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers. On January 17, 2017, the Department of...more

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

New Regulations Clarify Which Employers Are Exempt From Yearly H-1B Quota

On November 18, 2016, the Department of Homeland Security (“DHS”) issued its long-awaited rule seeking to improve certain aspects of the employment-based immigration system. The new rule, which becomes effective on January...more

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs and to better enable U.S. employers to hire and retain certain foreign workers who...more

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

On Friday, November 18, 2016, U.S. Citizenship and Immigration Services (USCIS) released the press release below. USCIS has published a final rule to modernize and improve several aspects of certain employment-based...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

U.S. Department of Homeland Security Issues Final Rule on Immigrant Visa Petition Retention and Program Improvements Affecting...

On November 18, 2016, the Department of Homeland Security (DHS) issued its final rule in the Federal Register which addresses the retention and portability of high-skilled foreign workers. The new regulations, which take...more

American Businesses Should be Concerned by Trump’s Announcement That He Will Nominate Jeff Sessions as Attorney General

President-elect Donald Trump has announced that he intends to nominate Senator Jeff Sessions for Attorney General. If confirmed, the conservative Senator from Alabama would serve as the country’s top law enforcement official....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

USCIS Publishes Long-Awaited High-Skilled Immigration Rule

The United States Citizenship and Immigration Services (USCIS) has published its long-awaited “High-Skilled Nonimmigrant Workers” regulation today, Nov. 18, 2016. This regulation was proposed on Dec. 31, 2015. It will become...more

Job Flexibility Rule for Immigrant Workers Finalized

The U.S. Department of Homeland Security (DHS) issued a final rule that will effect skilled foreign workers in the United States. The final rule provides benefits to certain employment-based immigrant and non-immigrant visa...more

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