L-1

News & Analysis as of

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

Visas for the U.S.: What Are Your Options?

This post is for the many French people who ask me on a regular basis about the U.S. visas that are available to them. Several visa categories exist. This post will focus on the most commonly used in the case of French...more

New DHS Rule Gives Employers, Employees Flexibility in the Face of Immigrant Visa Backlogs

The Department of Homeland Security published a final rule on November 18, 2016, relating to certain employment-based visa programs. The new regulations will go into effect on January 17, 2017. The rule focuses on job...more

New Employment-Based Nonimmigrant and Immigrant Visa Regulation

On November 18, 2016, the Department of Homeland Security (DHS) issued its Final Rule amending regulations related to certain employment-based immigrant and nonimmigrant visa programs. The new rule will take effect 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

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

Immigration Laws Stifle US Business

US immigration laws have not been created with the growing global economy’s need for foreign talent in mind, and should be reformed to promote hiring the best minds for the US economy. With globalization of the modern...more

Adeus, Brasil! Parte 3 - Os surpreendentes benefícios de um pedido de asilo nos EUA

Descrição geral - Esta série foi projetada para elaborar um mapa com diferentes estratégias para imigração aos EUA. Na Parte I desta série, explorei o uso do visto L1-A como um método rápido e barato para obter a entrada...more

H-1B Visa Filings on an Upward Trend

United States businesses who are in need of workers with specialty skills often face quite a dilemma due to the shortage of qualified American workers in certain fields. Many of these businesses turn to the H-1B Visa program...more

DOL Proposes New Rule for Certain Immigrant and Nonimmigrant Programs Affecting Employment

The Department of Homeland Security (DHS) recently issued a proposed rule to amend employment-based immigrant and nonimmigrant visa programs. The new rule is intended to benefit both U.S. employers and foreign national...more

Fees On The Rise for Certain H-1B and L-1 Petitioners

Effective December 18, 2015, President Obama signed into Law The Consolidated Appropriations Act (Public Law 114-113) which increases fees for certain H-1B and L-1 petitioners. These additional fees apply to the following...more

Immigration Law Updates - January 5, 2016

Following are recent and/or anticipated changes to United States immigration laws, which may impact our clients: Proposed Changes to the Visa Waiver Program Following Terror Concerns - In the aftermath of the Paris...more

New Bill Increases L-1 and H-1B Visa Application Fees for Certain Companies

Last week, the President signed the Consolidated Appropriations Act of 2016 which provides full-year appropriations through September 2016 for all government agencies. Included in this bill are fee increases for certain L-1...more

Congress Passes Legislation Affecting Visa Waiver Program

Certain key provisions of the omnibus spending bill will affect travel without visas, e-Passport requirements, EB-5 investors, and H-1B and L-1 “dependent” employers. Included in the omnibus spending bill, which the US...more

When Transferring Employees to the U.S., Foreign Employers Should Consider Impact if Proposed Changes to Overtime Exemption Are...

On July 6, 2015, the Department of Labor (“DOL”) proposed a revision to the “white collar” overtime exemption rule. As explained by Littler when it testified before the House Subcommittee, “the proposed white collar...more

US Visa Options for Foreign Entrepreneurs

The U.S. Census Bureau estimates that about 400,000 new businesses are started annually in the United States. If you’re a foreign citizen who is interested in launching a new business in the United States, a corporate...more

Immigration Law for Startups: Prime Visa Options

This is the second in a three-part series that provides guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas,...more

The New L-1B Adjudications Policy, Effective August 31

The recently issued U.S. Citizenship and Immigration Services (USCIS) final policy memorandum on L-1B visas clarifies the requirements for a sponsoring multinational organization transferring international personnel to the...more

U.S. Visa Categories Leave Entrepreneurs Few Options

Many of Julie Ferguson’s immigration law clients are entrepreneurs seeking to launch startups in the United States. They come from all over the world, but Ms. Ferguson, who practices in Miami, sees especially high numbers...more

Recent trends involving the L-1 Visa category for intra-company transferees

This article is the second in a two-part series involving the L-1 visa category for intra-company transferees. The previous article provided an overview of the L-1 visa category and suggested strategies to maximize its use...more

Didn’t Make the H-1B Cut? Here are Some Alternatives

As previously reported, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated H-1B cap, including the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption for...more

Construction Law Update - May 2015

Today’s newspapers in the central Pennsylvania area have been fraught with concerns and questions regarding the construction of the William’s gas pipeline running from the Marcellus Shale areas of Pennsylvania to the east...more

Record Number of H-1B Applications Emphasizes Importance of Considering Alternatives for Applicants Not Selected in Lottery

USCIS has announced that it received nearly 233,000 H-1B applications during the first week of April, nearly three times the available quota. This means that nearly two-thirds of all applications submitted to the agency will...more

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