Non-Immigrant Visas

News & Analysis as of

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

USCIS Announces Temporary Suspension of Premium Processing for H-1B Extension of Stay Petitions

US Citizenship and Immigration Services (USCIS) announced yesterday that starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. Employers are urged...more

DHS Adopts Regulations Giving Universities and Foreign Students Greater Flexibility

Effective May 29, 2015, the Department of Homeland Security will amend its regulations under the Student and Exchange Visitor Program (SEVP). The change will (1) eliminate existing limits on the maximum number of designated...more

[Event] Immigration Basics for Startup Founders - May 7, San Diego, CA

This discussion will focus on simplifying complicated immigration issues, including work visas, investor visas, and permanent residency. This talk is very relevant for our international community of entrepreneurs in San...more

Department of Homeland Security Announces New Employment Authorization Eligibility for Certain H-4 Spouses of H-1B Professional...

On February 25, 2015, the U.S. Department of Homeland Security (DHS) announced that effective May 26, 2015, the agency will extend eligibility for employment authorization to certain H-4 dependent spouses of H-1B...more

Eligibility extended for certain H-4 dependent spouses of H-1B nonimmigrants

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment...more

USCIS Announces Employment Authorization Eligibility For Certain H-4 Spouses

As part of President Obama’s executive action on immigration reform, the U.S. Citizenship and Immigration Services (USCIS) announced eligibility for select H-4 dependent spouses of H-1B visa holders to obtain employment...more

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants

On February 24, 2015, the Department of Homeland Security (DHS) issued a final rule that extends eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based...more

DHS Extends Employment Authorization for Certain H-4 Spouses

The Department of Homeland Security (“DHS”) announced that, effective May 26, 2015, the agency is extending employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants....more

USCIS Publishes Rule to Permit Employment Authorization for Some H-4 Spouses

The rule creates employment eligibility for H-4 spouses where the H-1B principal is subject to I-140 backlogs or is AC-21 eligible. In a release issued earlier today, U.S. Citizenship and Immigration Services (USCIS)...more

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking...

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, pursuant to a published regulation that will be effective May 26, 2015, the Department of Homeland Security (DHS) is extending...more

DHS Extends Employment Authorization Documents For Certain Dependent Spouses Of H-1B Visa Holders

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) will allow H-4 dependent spouses of certain H-1B nonimmigrants...more

Mark Your Calendars: DHS Extends Employment Authorization Eligibility to Certain H-4 Dependent Spouses Effective May 26, 2015

While many immigration practitioners wait anxiously for a resolution to the judicial challenges faced by DAPA and expanded DACA, others let out a sigh of relief at the announcement made today by U.S. Citizenship and...more

Effective September 12, 2014: New Fees for Some Nonimmigrant and Immigrant Visas

The Department of State (DOS) has revised certain nonimmigrant and immigrant visa fees. DOS has adjusted the visa fees in the following categories...more

Reminder: USCIS Reviews All Immigration-Related Documentation in Employment-Based Adjustment Cases

Foreign nationals and immigration practitioners often wonder why USCIS requests all immigration status documents ever issued to an applicant when applying for adjustment of status based on employment. There is a long-standing...more

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