News & Analysis as of

Science Technology Engineering Math Highly-Skilled Workers Visa

Overhaul of H-1B Visa Program Expected in Response to "Buy American and Hire American" Order

by Littler on

The White House has been working with the Department of Justice to formulate changes to the H-1B visa program pursuant to the administration’s “Buy American and Hire American” executive order. The H-1B visa program is a...more

Buy American and Hire American and the H-1B Lottery

by Franczek Radelet P.C. on

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American...more

Extending Work Authorization for Recent Graduate Working on OPT

Many of you are planning on filing Fiscal Year (FY) 2018 H-1B cap cases for recent graduates working for you on a post-degree completion Optional Practical Training (OPT) Employment Authorization Document (EAD). Those...more

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

by Littler on

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

Client Alert:  Executive Order on Immigration

by Hodgson Russ LLP on

On Friday, January 27, 2017, President Trump signed an executive order titled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”  The Executive Order was effective immediately and the Department of...more

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

by FordHarrison on

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

Immigration Bulletin – President Trump’s Immigration-Related Executive Orders

by Cohen & Grigsby, P.C on

During his first week in office, President Donald Trump issued two sets of Executive Orders regarding immigration issues. Additionally, and although not yet promulgated, drafts of a third immigration-based Executive Order...more

Will the New Executive Administration Impact the H-1B Lottery?

by Franczek Radelet P.C. on

Human Resources professionals with U.S. companies that are reliant upon skilled foreign workers often spend the last few months of the calendar year and the beginning of the new calendar year identifying individuals who will...more

What will U.S. Business Immigration Look Like Under A Trump Administration?

by Carlton Fields on

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...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

Corporate Immigration: Changing the Way America Does Business

by Ronald Shapiro on

The United States is undoubtedly a country filled with opportunity, prosperity, and diverse culture. Although America is one of the richest, most economically powerful countries in the world, it is important to recognize that...more

H-1B Cap FY2017 and Aftermath

by Baker Donelson on

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

Final STEM OPT Rule Released - Effective May 10, 2016

by Barley Snyder on

The U.S. Department of Homeland Security has issued a final rule that allows foreign graduates of Science, Technology, Engineering, and Math (“STEM”) programs from U.S. universities an additional 24 months of F-1 Optional...more

Immigration Bulletin – USCIS Announces New STEM OPT Regulations

by Cohen & Grigsby, P.C on

The U.S. Citizenship & Immigration Services (USCIS) has issued new F-1 student visa regulations that increase the amount of Optional Practical Training (OPT) employment authorization available to foreign students with...more

New DHS Rule Creates Extended Work Authorization for STEM Graduates - Side Benefit is a Potential H-1B Workaround

by Stinson Leonard Street on

On March 11, 2016, the Department of Homeland Security issued a long-anticipated final rule allowing certain foreign students with science, technology, engineering and math (STEM) degrees earned in the U.S. to extend their...more

Breaking News: DHS Publishes New STEM OPT Rule with effective date of May 10, 2016

by Franczek Radelet P.C. on

On March 10, 2016, the Department of Homeland Security published the new STEM Optional Practical Training (“OPT”) final rule in the Federal Register. The effective date of this new final rule is May 10, 2016, the date that...more

Last Call for New Cap H-1Bs and International Student STEM Optional Practical Training Changes

by Varnum LLP on

April 1 is the filing date for new H-1B cap subject applications. There is a 7-day process that must be completed through Department of Labor prior to filing. If you have any potential H-1B petitions (foreign students on...more

H-1B Helps Employers Obtain Workers with Specialty Skills

by Ronald Shapiro on

Locating highly skilled, uniquely talented workers can be very difficult for some employers in the United States. In fact, year after year the demand for workers with so-called STEM (science, technology, engineering and...more

Obama’s Executive Actions on Immigration: An Update to Two Key Initiatives Designed to Enhance the Employment of Highly Skilled...

In November 2014, President Obama issued a number of executive actions designed to make significant changes to the U.S. immigration system. The most controversial initiatives were the deferred action policies aimed at...more

DHS Sends New STEM OPT Rule to OMB For Review

by Seyfarth Shaw LLP on

The Department of Homeland Security (DHS) sent its proposed regulation on the STEM Optional Practical Training (OPT) program to the Office of Management and Budget (OMB) this week. A notice of proposed rulemaking (NPRM) is...more

Federal Court Rules on OPT Extension

by Mintz Levin on

On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for...more

District Court Vacates F-1 STEM OPT Rule and Provides DHS With Six Months to Cure Defect

by Seyfarth Shaw LLP on

On Wednesday, August 12, 2015, U.S. District Court Judge Ellen Huvelle of the District of Columbia vacated the Department of Homeland Security’s (DHS) 2008 rule allowing F-1 students in the U.S. with college-level degrees in...more

Dealing with Rejection: Options for Applicants Not Selected in the FY2016 H-1B Lottery

by Franczek Radelet P.C. on

The U.S. Citizenship and Immigration Services (USCIS)’s announcement last month that it received nearly 233,000 H-1B petitions for fiscal year 2016 beginning October 1, 2015—a record total, and a 35% increase over last...more

The 2015 STAPLE Act: Will Relief Finally Come for U.S. Employers in Need of Foreign Talent?

USCIS announced May 4, 2015, that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in its computer-generated lottery. USCIS will now begin returning all H-1B cap-subject petitions that...more

Reasons to Increase the H-1B Visa Cap

by Ronald Shapiro on

The H-1B visa is one of the most highly sought-after – and most difficult to obtain – work visas. Only 65,000 general H-1B visas, and 20,000 advanced degree H-1B visas, are available each year. Given that U.S. Citizenship and...more

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