Non-Immigrant Visas

News & Analysis as of

E-2 Visas May be Available to Israelis by end of 2015

On June 11, 2012, President Obama signed legislation that would add Israel to the list of countries eligible for nonimmigrant E-2 treaty investor visas. This was a substantial positive development in the creation of stronger...more

U.S. Embassy in Tel Aviv Launches Online Videos about the Visa Process

What do Facebook, YouTube and Twitter have in common? The U.S. Embassy in Tel Aviv is using all three to reach visa applicants. The goal is to educate the public in Israel about the visa process. With Israel being the app...more

Holiday Planning Should Include H-1B Cap Planning

While it may seem early, the holiday season is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2017, which begins October 1, 2016. Demand for the H-1B has steadily increased so that last year,...more

New Department of Homeland Security Regulation Aims to Preserve and Enhance STEM OPT Program for Nonimmigrant Students and U.S....

On October 19, 2015, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register regarding optional practical training (OPT) extensions for F-1 students with U.S. degrees...more

You Down with OPT? DHS Proposes Longer Post-Graduate Work Authorization for STEM Graduates, with a Catch

Last week, the Department of Homeland Security (DHS) issued a proposed rule that would amend its F-1 nonimmigrant student visa regulations regarding optional practical training (OPT) for students with higher education degrees...more

DHS Proposes New Rule for STEM OPT Extension

New rule would extend STEM optional practical training to 24 months. On October 19, the US Department of Homeland Security (DHS) published a proposed rule in the Federal Register to amend its F-1 nonimmigrant student...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

Employers Must Withhold FICA Taxes for Students who Change Status to H-1B Starting October 1

As students and scholars’ status change from F-1, J-1 or other FICA exempt statuses to H-1B starting October 1, these employees will become subject to FICA taxes upon the effective date of their H-1B status....more

US Department of State Reissues October Visa Bulletin

The previously announced filing date cut-offs have been rolled back significantly. On September 25, the US Department of State issued a revised October Visa Bulletin that contains new and earlier filing cut-off dates...more

USCIS Temporarily Suspends Adjudication of I-485s

USCIS announced on September 24, 2015 that it will: “suspend final adjudication of employment-based Form I-485 applications… because the Department of State reports that the statutory cap has been reached for the...more

Avoiding Immigration Scams

It’s a sad fact, but immigration scams are all too common. People and businesses try to prey on individuals seeking to come to the United States on immigrant or non-immigrant visas, as well as those within the United States...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

H-1B Alternatives Series: Concurrent H-1B Employment

In 2014, Massachusetts created the Global Entrepreneur in Residence Program (GEIR), a program meant to capitalize on the opportunities provided by concurrent H-1B employment. Under this program, universities partnered with...more

Tax-Savvy Planning for Foreign Business Owners Seeking Temporary U.S. Residence: Alternatives to the EB-5 Visa

The EB-5 Visa program has been widely promoted as a legal basis for foreign business owners to gain conditional residency followed by permanent residency in the United States. The program is a great solution to the...more

Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2015

Fiscal year 2016 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2015. However, as October 1, 2015 approaches, many cap-subject H-1B petitions remain pending at both the California...more

Immigration Corner: Time to Get Simeio-Compliant, Faster H-1Bs, a Permanent Resident Card Refresher and Increased Security...

United States Citizenship and Immigration Services (USCIS) has now published a final policy memorandum designed to bring employers into compliance with the ruling in Matter of Simeio Solutions, LLC and to assess whether H-1B...more

Immigration Law for Startups: Best Practices, Prime Options, and Common Pitfalls

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, or foreign nationals overseas who wish to enter the...more

H-1B Update – New Petition Required When Work Location Changes – the World is Global, but U.S. Immigration is Local

While the 21st Century is a time of globalization, a time where with telecommuting and virtual offices there is a re-examination of whether there is still significance to your geographical location, United States Citizenship...more

USCIS Final Guidance on When to File a New or Amended H-1B After a Change in Job Location

On July 21, 2015, USCIS issued final guidance on when to file a new or amended H-1B petition after the Matter of Simeio Solutions, LLC decision. This USCIS final guidance -- which is intended to assist employers with...more

FY2016 Cap Petition Return Complete

USCIS announced on July 14, 2015, that it completed the return of rejected fiscal year 2016 H-1B cap-subject petitions. It was previously announced on May 4, 2015, that USCIS completed data entry of all selected...more

USCIS Resumes Premium Processing for H-1B Extensions

USCIS announced that beginning July 13, 2015, the agency will resume accepting premium processing requests for H-1B extension of stay applications. This provides an early cancellation of the previous USCIS directive...more

DOS Announces Changes to E Visa Application Processing in Mexico

The U.S. Department of State (DOS) announced changes to the application process to obtain E-1 and E-2 visas, due to recent increases in overall visa applications made through the U.S. Embassy in Mexico City. The E-1 visa is...more

Employers Beware: If You Moved an H-1B Worker Without Advising USCIS, You Have Until August 19, 2015 to Make Amends

A recent binding decision issued by the Administrative Appeals Office (AAO) has complicated even further the confusing rules governing employer obligations in the H-1B nonimmigrant visa program. Part of U.S....more

USCIS Guidance Clarifies Employer Obligations to Amend H-1B Visa Petitions, Sets Compliance Deadline

On May 21, 2015, the U.S. Citizenship and Immigration Services (USCIS) issued guidance on an employer's obligation to amend an H-1B visa petition to report a change in the employee's worksite location. This guidance is in...more

USCIS to Halt Premium Processing Service for H-1B Extensions

On May 19, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily halt acceptance of premium processing requests for all H-1B Extension of Stay petitions from May 26, 2015 through July 27,...more

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