News & Analysis as of

H-1B Filing Season Is Here - January 2015

Now is the time for employers to assess their FY2016 H-1B needs and to start preparing their petitions for submission on April 1. On April 1, 2015, the U.S. Citizenship and Immigration Services (USCIS) will begin...more

Time to Get Ready for the H-1B Season

The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that requires at least a bachelor’s degree or its equivalent in a specific field of study as a minimum for entry into...more

Employment Immigration FAQs

Who files an application for a work visa or employment-based green card? In most situations, the employer will file a petition with the U.S. Citizenship and Immigration Services (USCIS) seeking a work visa for the...more

January 2015 Immigration Alert

Happy New Year!!! All of us in the Immigration Law Group at Epstein Becker Green wish you the very best for a healthy and prosperous 2015. We hope that all your petitions and applications are approved and that...more

Time Flies When You're Having Fun: Start Getting Those H-1B Petitions Ready For The 2015 Filing Season

Yes, it's that time again – time to prepare to file your H-1B petitions for Fiscal Year 2016. Starting April 1, 2015, the U.S. Citizenship and Immigration Services will begin accepting H-1B petition filings – subject to the...more

H-1B Cap-Subject Petitions Will Be Accepted by USCIS Beginning April 1; Employers Urged to Start Process Now as Lottery Is...

April 1 is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for next year's allotment of visas for foreign national professionals in specialty occupations. Cap-subject...more

Immigration Update: H-1B Visa Petitions for 2016 Fiscal Year

In preparation of the upcoming filing period for H-1B visa petitions for the Fiscal Year of 2016 we at Moore & Van Allen are sending this update to remind you of this upcoming event....more

The Devil is in the Details: What Employers and Businesses Need to Know About the President’s Executive Actions on Immigration

When President Barack Obama first addressed the nation to unveil his Immigration Accountability Executive Actions, the media and the internet were in a frenzy to see who could get the story out first. Despite the fact that...more

Employers: April 1 Start Date for 2016 H-1B Visa Applications

Employers may first apply for 2016 H-1B visas for individuals not currently in H-1B status on April 1, 2015 with a start date of October 1, 2015. USCIS received approximately 172,500 H-1B petitions during the first week...more

USCIS Updates Its List of 68 Countries Eligible to Participate in the H-2A and H-2B Visa Programs

On December 16, 2014, Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS), in consultation with Department of State, added five new countries to the list of countries eligible...more

Employment-based Visa Petitions: Why Dun and Bradstreet Can Make or Break a Petition

It’s a little known fact that U.S. Citizenship and Immigration Services (USCIS) won’t approve an employment-based visa petition before checking the company information against the Dun and Bradstreet (D&B) database via the...more

How to Sponsor Same-Sex Spouse for Green Card

Prior to the Supreme Court’s decision in U.S. v. Windsor in June 2013, in which the Court struck down section 3 of the Defense of Marriage Act (DOMA), same-sex married couples were not allowed to seek a green card on behalf...more

The Immigration Accountability Executive Actions: Ramifications for Business

On November 20 and 21, 2014, President Obama announced his plan for executive action on the United States’ immigration problems, known as the immigration accountability executive actions. The actions represent the most...more

Why is My I-94 Expiration Date Different from My Form I-797 or Visa?

Form I-94 is the Department of Homeland Security (DHS) Arrival/Departure Record issued by the U.S. Customs and Border Protection (CBP) to foreign nationals admitted to the U.S. Form I-94 designates the duration of authorized...more

Visa Restrictions on Foreign Entrepreneurs to Ease Under Obama Immigration Directives

President Barack Obama’s immigration directives, announced on November 20, 2014, include a plan to ease visa restrictions, “mak[ing] it easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and...more

President's Immigration Executive Action Will Impact Employers

On November 20, 2014, President Obama announced executive action to allow millions of undocumented immigrants to remain in the United States temporarily and apply for work authorization. This executive action also includes...more

Recent Changes in US Immigration Processes and Technology

The Department of Homeland Security (DHS) has implemented changes recently that affect many individuals seeking to travel to the United States, US employers of H-1B and L-1 workers, and users of some USCIS services. This...more

I-751 Applications Transferred from Vermont Service Center to California Service Center

U.S. Citizenship and Immigration Services (USCIS) reported that Forms I-751, Petitions to Remove the Conditions on Residence, filed with the Vermont Service Center have been transferred to the California Center. This was...more

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for FY 2016 on April 1, 2015

The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2016 will begin on Wednesday, April 1, 2015. Cap-subject H-1B petitions will have an employment start date of...more

DC Circuit Reverses Decision that Fogo de Chao Chef Lacks “Specialized Knowledge”

On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit held that it was reversible error for the U.S. Citizenship and Immigration Service ("USCIS"), an agency of the Department of...more

Immigration Corner: Time to Play the Lottery, New myE-Verify Website Provides Tools and an Education, Free Webinar on Form I-9 and...

Applications for the 2016 Diversity Visa Lottery are now being accepted and must be submitted electronically by noon, Eastern Standard Time, on Monday, November 3, 2014, to be considered. Each year, the United States...more

Supreme Court Will Hear Two Immigration Cases in 2015

The U.S. Supreme Court announced this month which cases it will hear in the coming year. Two of such cases are immigration cases that could have significant implications on immigration law depending on how they are ultimately...more

Department of State Releases November 2014 Visa Bulletin

Bulletin shows severe retrogression of cutoff date in EB-2 India category; meanwhile, the cutoff date in all other employment-based categories will advance. EB-3 China will once again move ahead of EB-2 China....more

What Happens If H-1B Worker Changes Work Location?

The H-1B visa is one of the most sought after work visas in the country. Employees sponsored to work in the U.S. on an H-1B work visa are allowed to work in the U.S. for a maximum of six years, but the term can be extended...more

EB-2 India Retrogresses Significantly in November

As predicted in the August/September 2014 issue of the Immigration eAuthority, the U.S. Department of State’s (DOS) Visa Bulletin for November 2014 indicates that the priority date for the employment-based second preference...more

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