The National Interest Waiver (“NIW”) is a special provision within the EB-2 employment-based immigration category that allows individuals to bypass the usual labor certification process (“PERM”) required for most...more
America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more
In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence...more
The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain...more
The Department of State published the October 2023 Visa Bulletin Report on September 15, 2023 and announced that it will accept family and employment-based filings based on the Dates for Filing chart in October. As October is...more
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
On June 1, 2023, the Department of Labor (DOL) officially transitioned its online PERM labor certification filings from its legacy PERM portal to the FLAG System. In addition to announcing the PERM system transition, the DOL...more
The United States Citizenship and Immigration Services (USCIS) has confirmed the submission requirements for the new Form 9089 Application for Permanent Employment Certification, specifically for Schedule A and National...more
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
U.S. Citizenship and Immigration Services (USCIS) has announced several important changes this week: expansion of premium processing for several employment-based categories; resumption of concurrent processing of spousal...more
Beginning January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) will accept Form I-907, Request for Premium Processing Service, for Form I-140, Immigrant Petition for Alien Workers E-13 (EB-1C) multinational...more
On January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced implementation of the final phase of premium processing expansion for employment-based first and second preference I-140 petitions. Beginning on...more
On Thursday, January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced it is implementing the final phase of its planned premium processing expansion for Form I-140, Immigrant Petition for Alien Workers,...more
U.S. Citizenship and Immigration Services (USCIS) has further expanded premium processing eligibility to include more Form I-140, Immigrant Petitions for Alien Workers, under the EB-1 and EB-2 classifications, consistent...more
On September 15, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it will be implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140...more
On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced it is implementing premium processing for certain petitioners who have a pending Form I-140 Immigrant Petition for Alien Worker under the EB-1 and...more
Today, March 30, 2022, the Department of Homeland Security (DHS) published a final rule expanding premium processing for multinational managers, advanced degree holders seeking a national interest waiver, nonimmigrant...more
Earlier this month, the Biden administration reopened U.S. borders and ports-of-entry to all nonimmigrant international travelers (i.e. ESTA, H, L, F, O, E, and B visa holders) attempting to enter or reenter the U.S. With the...more
The Biden Administration just announced that starting November 8, 2021 there will be stricter vaccine and COVID testing requirements for all air travelers into the US. The new rule eliminates all the regional COVID travel...more
As soon as the Biden administration announced it would ease travel restrictions in early November, my phone began ringing non-stop and email notifications started pinging like popcorn. If you work in Human Resources, you may...more
Join us on Thursday, October 7, 2021, for the next installment of “HR Legalist Live,” where Obermayer attorneys bring their popular blog to life. This virtual presentation will include: LABOR LAW UPDATE: WHAT TO EXPECT...more
Resources - Federal Regulators Taking Aim at Anti-Competitive Employment Practices - Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. ...more
Department of State Extends Validity of National Interest Exceptions to Regional COVID-19 Travel Restrictions - On July 6, 2021, the Department of State updated its National Interest Exception (NIE) guidelines. Going...more
On July 6, 2021, the U.S. Department of State announced that National Interest Exceptions (NIEs) to presidential proclamations 9984, 9992, 10143 and 10199 will now be valid for 12 months from the date of approval and allow...more
As several cities are allowing businesses to resume their operations to pre-pandemic levels, many employees are being called back to on-site work. Thankfully, schools have been welcoming children for in-person learning for...more