News & Analysis as of

USCIS Issues Policy Memorandum Regarding H-1B Petitions for Nursing Occupations

As a general matter, most registered nurse (RN) positions do not qualify as H-1B specialty occupation positions because they do not normally require a U.S. bachelor’s or higher degree in nursing or its equivalent as the...more

How Can I Bring My Family to the U.S. If I Have a Temporary Work Visa?

When a foreign national comes into the U.S. under a temporary work visa, the individual often wants to bring his or her family into the U.S. as well. Depending on the work visa obtained, the duration of the stay, and the...more

Immigration Options for the Employment of International Physicians

The Patient Protection and Affordable Care Act will do many things to alter health care delivery in the United States. One thing it will not do, however, is significantly increase the supply of physicians. The new law calls...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 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

Special Immigration Alert: DHS Issues Proposed Rules to Retain Highly Skilled Foreign Workers

DHS Proposes to Issue Employment Authorization to Certain H-4 Spouses - On May 12, 2014, the U.S. Department of Homeland Security ("DHS") proposed a rule that would authorize employment authorization for certain H-4...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

Should the H-1B Annual Cap Be Increased?

The H-1B visa is a common immigration tool for hiring highly-skilled foreign nationals. Under the H-1 visa program, foreign workers who are employed by U.S. companies in specialty occupations that require theoretical or...more

How Businesses Can Plan for Foreign Hires in Light of H-1B Cap

Given that the H-1B visa cap was, once again, met quickly, many U.S. employers are scrambling to figure out how to hire and retain the foreign national employees that they need. As we recently reported, the U.S. Citizenship...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

DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants

The Department of Homeland Security (DHS) recently announced that it has proposed two new rules as part of its “continuing commitment to attract and retain highly skilled immigrants.” The two proposed rules include...more

Rule Allowing Work for Some H-4s, Expansion of EB1 OR Category Criteria and Automatic Work Extension for Others Progresses at...

Today the Department of Homeland Security (DHS) announced that it is publishing two proposed rules that are meant to help “attract and retain highly skilled workers”. Proposed rules do not go into effect until notice and...more

U.S. Citizenship and Immigration Services Receives Record Number of H-1B Worker Petitions; Triggers Lottery System

On April 7, 2014, the U.S. Citizenship and Immigration Services (USCIS) announced that the numerical limit for the H-1B Cap has been met. The USCIS confirmed that it received 172,500 H-1B petitions in one week, exceeding the...more

Immigration Corner: H-1B CAP Reached!

The H-1B CAP season has come to a close and both employers and employees now anxiously await confirmation that their filings have been accepted for processing. The statutory cap of 65,000, as well as the 20,000 cap under the...more

H-1B Cap for 2015 Fiscal Year Reached - Update

USCIS received approximately 172,500 H-1B cap-subject petitions during the filing period that began April 1 and conducted its computer-generated random selection process on April 10. ...more

DHS to Publish Proposed Rule Providing for Work Authorization for H-4 Spouses

The Department of Homeland Security (DHS) has announced that it will soon publish several proposed rules that will make the United States more attractive to talented foreign entrepreneurs and other high-skilled immigrants who...more

Immigration Client Alert: USCIS Announces H-1B Cap Numbers

U.S. Citizenship and Immigration Services (USCIS) has announced that 172,500 H-1B petitions were received during the filing period which began April 1, 2014. This number includes petitions filed under the advanced degree...more

USCIS Reaches H-1B Cap for FY 2015 and Conducts Lottery

On Monday, April 7th, United States Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to reach the cap of 65,000 for Fiscal Year (FY) 2015, as well as the 20,000 limit for those...more

Special Immigration Alert: USCIS Reaches H-1B Cap for FY 2015

U.S. Citizenship and Immigration Services ("USCIS") announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year ("FY") 2015. USCIS also announced that it had received...more

H-1B Petition Filings for Fiscal Year 2015 Exceed Number of H-1B Visas Available

As expected, on Monday, April 7, 2014, the U.S. Citizenship and Immigration Services (“USCIS”) announced that a sufficient number of H-1B petitions had been received from April 1, 2014, through April 7, 2014, to meet the...more

USCIS hits H-1B Cap for FY2015

U.S. Citizenship and Immigration Services (USCIS) has announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than the limit of...more

Immigration Reform 2013—Update

In the February/March 2013 issue of the Immigration eAuthority, we outlined the respective proposals for immigration reform put forward by both the President and a bipartisan group of eight senators. We also noted that...more

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