News & Analysis as of September 19, 2024

Immigration Reform

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Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

Seyfarth Shaw LLP on 9/12/2024

On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

September 2024 Global Immigration Alert

Seyfarth Shaw LLP on 9/3/2024

Please note: while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend...more

Judge Temporarily Pauses Parole in Place Program for Undocumented Spouses and Stepchildren

Seyfarth Shaw LLP on 8/30/2024

After the Parole in Place Program (“Keeping Families Together”) went into effect on August 19, 2024, sixteen State Attorneys General filed a complaint against the U.S. Department of Homeland Security (“DHS”) et. al. The...more

The Top Five H-1B Cap Post-Season Considerations for Employers

Quarles & Brady LLP on 8/27/2024

Congratulations, your company (literally) won the lottery! At this point, you have either filed your respective H-1B cap-subject petitions or are working to file those petitions recently selected in the second round of the FY...more

New DHS Parole Policy for Long-Term Undocumented Spouses, Stepchildren

Seyfarth Shaw LLP on 8/22/2024

Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping...more

Visa Bulletin Updates

Seyfarth Shaw LLP on 8/21/2024

Where are we next month? The United States Immigration and Citizenship Services (USCIS) has announced that for the September 2024 Visa Bulletin, applicants must use the Final Action Dates chart for employment-based preference...more

Second USCIS FY 2025 Cap Lottery: A New Opportunity for H-1B Applicants

Seyfarth Shaw LLP on 8/12/2024

In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to...more

Not Selected in H-1B Cap Registration? There Are Options!

Littler on 4/29/2024

Foreign workers fill a critical need in the U.S. labor market, particularly in the professional and technological fields such as science, technology, engineering and mathematics (STEM). To fill this need, U.S. employers...more

USCIS Schedule Update: Faster Green Card Sponsorship for ‘Sciences or Arts’ High Achievers?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/11/2024

In connection with the current administration’s push to retain STEM talent, on April 10, 2024, U.S. Citizenship and Immigration Services announced that it has updated its definition for “Schedule A, Group II” occupations. ...more

Summary of Upcoming Changes to USCIS Filing Requirements in April 2024

Littler on 3/28/2024

April 1, 2024, will mark the beginning of new changes to USCIS form editions, filing fees, and direct filing addresses for many common immigration applications and petitions. ...more

Change is Coming to the H-1B Visa

CDF Labor Law LLP on 2/6/2024

On February 1, 2024, USCIS issued two regulations that will dramatically change the operation of the H-1B visa program. H-1B visas are available to employers who wish to employ foreign nationals in positions that typically...more

Show Me the Money! Increased USCIS Fees Effective April 1, 2024

Miller Canfield on 2/2/2024

The Department of Homeland Security (“DHS”) published a final rule adjusting the fees to file certain immigration applications with U.S. Citizenship and Immigration Services (“USCIS”). The new fees go into effect on April 1,...more

USCIS Announces Significant Fee Increases Effective on April 1, 2024

Seyfarth Shaw LLP on 2/2/2024

Seyfarth Synopsis: Effective April 1, USCIS will implement significant filing fee increases, in particular for petition and applications related to employment-based benefits....more

A Modern Approach: USCIS Proposes to Update the H-1B Program

Akerman LLP - HR Defense on 12/12/2023

USCIS is proposing to modernize the H-1B visa program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity...more

H-1B Cap Season – Time to Start Preparing

Moore & Van Allen PLLC on 12/12/2023

The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...more

Domestic Visa Renewal Could Return in 2024

Burr & Forman on 11/9/2023

The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Littler on 11/8/2023

On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program. DHS states...more

New Form I-9 Required as of November 1, 2023

Littler on 10/31/2023

The new Form I-9, Employment Eligibility Verification, which was released on August 1, 2023, must be used for all new hires, effective November 1, 2023. The grace period—during which an employer could use the new Form I-9 or...more

Court Finds Deferred Action for Childhood Arrivals (DACA) Final Rule Unlawful

Littler on 9/22/2023

On September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the DACA final rule unlawful. DACA, which commenced in 2012, protects certain undocumented immigrants brought to the...more

September 2023 U.S. Immigration Alert

Seyfarth Shaw LLP on 9/11/2023

1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form - On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices....more

Florida Agency Provides Some Guidance on State’s New Immigration Law (SB1718)

Littler on 7/18/2023

The state of Florida recently enacted legislation that will have a significant impact on employers across the state. Senate Bill 1718 (SB1718), which Governor Ron DeSantis signed into law on May 10, 2023, requires private...more

Tips on Physical Reverification of Virtually Verified Remote Employees

Littler on 7/17/2023

As was previously reported, employers have until August 30, 2023, to conduct in-person physical verification of identity and employment eligibility documentation for all employees who were onboarded using remote virtual...more

USCIS Updates Guidance for “Compelling Circumstances” EADs – Key Takeaways and a Call for Reform

Dickinson Wright on 6/30/2023

On June 14, 2023, US Citizenship and Immigration Services (USCIS) issued updated policy guidance to address eligibility criteria and standards for employment authorization involving compelling circumstances. Such policy...more

New USCIS Benefit for Employers and Their Foreign National Employees with Family Members

Quarles & Brady LLP on 1/31/2023

A recent settlement with the class action lawsuit Edakunni v. Mayorkas now requires U.S. Citizenship & Immigration Services (USCIS) to review I-539 (status) and I-765 (work) applications for spouses and minor children of H-1B...more

USCIS Proposes Significant Fee Increases for U.S. Employer Filings

Stinson LLP on 1/13/2023

On January 4, 2023, the U.S. Department of Homeland Security (DHS) published a proposed rule seeking 60-day comment on proposed changes to the fee schedule for benefit requests before U.S. Citizenship and Immigration Services...more

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