The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1, EB-2, EB-3, EW (other workers), EB-4, and EB-5 unreserved....more
On Monday, September 9, 2024, the U.S. Department of State (DOS), working in close collaboration with U.S. Citizenship and Immigration Services (USCIS), announced publicly that all available immigrant visas in the...more
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
A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification,...more
On July 26, 2024, President Biden announced Deferred Enforced Departure (DED) for certain Lebanese nationals for a period of eighteen months, which took effect immediately. The president also directed the U.S. Department...more
In a 6-3 ruling in U.S. Department of State et al v. Munoz et al (Case Number 23-334), the Supreme Court of the United States (SCOTUS) reaffirmed the doctrine of consular nonreviewability ruling against a U.S. citizen’s...more
Recently, a Cincinnati-based healthcare staffing company agreed to pay $9.25 million (as well as pledging an additional $8 million for related healthcare projects) to resolve investigations into its visa sponsorship program....more
Looking back at 2023, many of the employment-based immigration changes proposed and implemented by various U.S. government agencies focused on increasing efficiency and alleviating strain on our immigration system. ...more
U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State have significant volumes of adjustment of status and immigrant visa applications in their inventories, limiting the supply of available...more
On 15 September 2023, the Home Office announced significant increases to UK immigration and nationality fees, which came into effect on 4 October 2023. This increase has affected many different categories, including the...more
At the beginning of each federal fiscal year (October), the Department of State conducts a lottery called the Diversity Immigrant Visa Program. If a person is selected, they are eligible to submit an application for permanent...more
The U.S. Department of State anticipates that by July 1, 2023, all prorated employment-based third preference (EB-3) visa numbers available for Indian applicants in fiscal year (FY) 2023 will be exhausted; however, on October...more
A new federal law restricts foreign investors’ access to E visas by adding a three-year domicile requirement for investors who obtained their citizenship through Citizenship by Investment (CBI) Programs....more
A recent ruling in the U.S. District Court for the District of Columbia provides added protection and work authorization safeguards for H-4 spouses of H-1B visa holders facing potential lawsuits and administrative challenges....more
The May 2023 Visa Bulletin recently published by the U.S. Department of State, brought some unwelcome news for U.S. employers seeking to sponsor foreign nationals for permanent residency through the employment-based green...more
The time is nearing when U.S. employers can once again register for an opportunity to get U.S. work authorization for foreign job candidates. The H-1B “professional” work authorization and related visa is much sought-after...more
In Washington Alliance of Technical Workers v. DHS (WashTech), the D.C. Circuit held that optional practical training programs (OPT) that allow students on the nonimmigrant F-1 visa to work in the United States for up to...more
On September 6, 2022, U.S. Citizenship and Immigration Services (USCIS) filed a Court Declaration indicating that the agency has used nearly all available employment-based (EB) immigrant visas for this fiscal year (ending...more
U.S. Citizenship and Immigration Services (USCIS) recently updated its policy guidance related to O-1A nonimmigrants of extraordinary ability in the science, technology, engineering, and mathematics (STEM) fields. Notably,...more
On July 11, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the extension of its current Temporary Protected Status (TPS) program for Venezuelans residing in the U.S. as of March 8, 2021. The 18-month...more
With the recent humanitarian crises and armed conflicts in Ukraine and Afghanistan, refugee issues currently dominate the news cycles. Families and friends of those who have fled these conflicts are anxiously waiting to hear...more
Substantial changes are forthcoming for the EB-5 Immigrant Investor Program as the omnibus spending bill awaits President Biden’s signature. Aside from proposing $1.5 trillion for annual expenses and aid, the omnibus bill...more
The U.S. House of Representatives passed the Build Back Better Act (BBBA) (H.R. 5376) by a vote of 220–213. Supported by the Biden Administration and congressional Democrats, the controversial bill heads to the Senate with...more