Visas H-1B

News & Analysis as of

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 New Rule Implements Old Laws with a Few Twists

USCIS has published a final rule, to take effect January 17, 2017, ensconcing in regulations most of the policies it had long ago worked out in memorandums implementing provisions of 1998 and 2001 laws intended to bridge some...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

Cap-Exempt H-1B Employment Clarified by DHS

In light of the general unavailability of H-1B visas due to the limited and inadequate H-1B visa quota, it is more important than ever that U.S. employers and highly skilled foreign nationals be able to take maximum advantage...more

Long-Awaited High Skilled Worker Regulations Published by the Department of Homeland Security

In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant...more

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

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

USCIS Publishes Long-Awaited High-Skilled Immigration Rule

The United States Citizenship and Immigration Services (USCIS) has published its long-awaited “High-Skilled Nonimmigrant Workers” regulation today, Nov. 18, 2016. This regulation was proposed on Dec. 31, 2015. It will become...more

What Employers Can Expect from the Trump Administration: Immigration

Our alert on Monday (11/14/16) provided a brief summary of immigration-specific changes that are likely under Donald Trump’s new administration. This alert provides greater detail on the immigration policies that Candidate...more

How Trump's Immigration Promises May Translate Into Policy

Immigration was a major issue in Donald Trump’s presidential campaign. Now that he has been elected, employers and foreign nationals are anxiously watching for indications of what President-elect Trump will do after he takes...more

Mark Your Calendars: USCIS Raises Filing Fees Effective December 23

The United States Citizenship and Immigration Services (USCIS) announced on October 24, 2016 that effective December 23, 2016 fees for most nonimmigrant and immigrant petitions will increase by an average of 21 percent. This...more

Plan Ahead: H-1B Season is Around the Corner

As a reminder to all U.S. employers, H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2018 on Saturday, April 1, 2017. As...more

Immigration Update: USCIS Announces Filing Fee Increases

The U.S. Citizenship and Immigration (USCIS) published new fee schedule for immigration and naturalization benefit requests. The fee schedule was last adjusted on November 23, 2010. The rule is in effect for applications or...more

Where Do the Presidential Candidates Stand on Employment Visas?

While many observers of the 2016 United States presidential campaign have called immigration policy one of the central issues in the election, the implications of that heightened attention to the issue are not equally clear...more

The Advantages of H1B and L Visas

L1 and H1B visas are among the most popular visas for employers and their foreign employees. Available for highly skilled individuals, these visas make it possible for the pursuit of high-paying careers within the United...more

Proposed USCIS Rule for Entrepreneurs Would Benefit Very Few if Finalized

United States Citizenship and Immigration Services (USCIS) recently announced a new proposed rule for entrepreneurs. If the rule becomes law, qualified entrepreneurs would be considered for parole (temporary permission to be...more

TechConnect - Your Law Firm Link to Industry News - September 2016

Letter from the Editors - Dear Readers, The world of raising capital for emerging companies has experienced a revolution. Prior to the enactment of the JOBS Act in 2012, raising capital for private companies was...more

Parole for Entrepreneurs

At MintzEdge, we are already thinking about how a recent immigration law development may help our clients grow their ventures. The United States Citizenship and Immigration Services (USCIS) recently announced a new rule for...more

Immigration Tips

10 tips to prepare for the most frequent immigration scenarios faced by startups: - If the company will be owned, in-whole or in-part by a foreign investor, immigration planning should start as early as possible – even...more

Back to Work from Travel Abroad? Check Your Form I-94!

As foreign national employees come back from summer vacations and travel abroad, one of the most overlooked immigration documents and pitfalls is Form I-94. If Form I-94 is issued for a shorter validity period than the...more

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

Lawsuits Question Procedure and Substance of H-1B Lottery

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa...more

CAP H-1B Rejections Starting to Arrive, June Visa Bulletin - Heightened Demand for Employment-Based Adjustments of Status Causes...

On June 14, 2016, Clark Hill started to receive rejected CAP H-1B petitions. If an H-1B petition was filed on your behalf by Clark Hill, we will send you an e-mail when we receive an update on your case. On April 7,...more

Travel Alert: Extensive Visa Wait Times at U.S. Consular Posts in India

Seyfarth Synopsis: Department of State reports extensive wait times for visa appointments at consular posts in India. Foreign nationals planning to apply for a visa stamp in India this summer should expect wait times...more

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