News & Analysis as of

H-1B Crunch Time Is Upon Us; Act Now Or Be On The Sidelines Until 2016

With the United States job market continuing to recover slowly but steadily, and immigration reform legislation becoming an increasingly more distant possibility in the 114th Congress, it is extremely likely that H-1B visas...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 Eligibility for Employment to Certain H-4 Dependent Spouses of H-1B Holders Seeking Permanent Residence

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

Certain Dependent Spouses of H-1B Workers Will Become Eligible for Employment Authorization Effective May 26, 2015

The U.S. Citizenship and Immigration Services (USCIS) amended the regulations to allow certain H-4 dependent spouses to work in the United States. This is excellent news, particularly for spouses of H-1B workers from India...more

EADs for H-4 Spouses Rule Announced

As promised since President Obama’s Executive Action of November 20, 2014, USCIS is amending its rules to allow work authorization for H-4 spouses in certain instances effective May 26, 2015. H-4 spouses (spouse...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

USCIS Updates EB-5 Processing Time Information

On February 11, 2015, U.S. Immigration & Citizenship Services released an updated EB-5 Processing Report reflecting average processing times for the Immigrant Investor Program Office as of December 31, 2014. ...more

DHS Will Not Begin Accepting Expanded DACA Applications on February 2015

On February 17, 2015, Secretary Jeh C. Johnson announced that the Department of Homeland Security (DHS) will not accept requests under the expanded DACA initiative on February 18, 2015, as originally planned, due to the...more

Employers Who Want to Hire Foreign Workers in H1-B Status Should Start the Process Now

Employers who wish to hire foreign workers in a “specialty occupation” this year should start the process now in order to submit their petitions on April 1, the first day that U.S. Citizenship & Immigration Services (USCIS)...more

Urgent Notice To Employers: Annual H-1B Visa Quota Will Open on April 1

For employers looking to bring non-US citizens into the United States, an important immigration deadline is around the corner. Failure to properly plan for and meet this deadline may result in the employer’s inability to...more

Now Is The Time To Initiate H-1B Cap Petitions For Foreign Students Or National Candidates Currently Abroad

The United States Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for Fiscal Year 2016 starting April 1, 2015. The allotted number of H-1B petitions that the USCIS will accept, known as...more

Reasons to Increase the H-1B Visa Cap

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

USCIS Announces H-2B Cap Reached for the First Half of Fiscal Year 2015

USCIS announced that, as of January 26, 2015, it has received a sufficient number of petitions to reach the congressionally mandated limit, or “cap” on the total number of foreign nationals who may seek a visa or otherwise...more

H1-B Cap 2016 Filings Due In April, Competition Remains Steady

Time to start preparing for the H-1B Cap for Fiscal Year 2016! Demand for the H-1B visa category has steadily increased. Last year, USCIS received 172,500 petitions for 85,000 H-1B spots. Although USCIS issues receipts in...more

National Visa Center Experiencing Glitch in Processing of Chinese EB-5 Immigrant Visa Applications

The National Visa Center (NVC) recently informed the American Immigration Lawyers Association that appointment notices for Chinese EB-5 applications may indicate that applicants must bring original documents, even if NVC...more

Time to Plan for the FY 2016 H-1B Cap Season

On Wednesday, April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the Fiscal Year 2016 cap (FY 2016). Beneficiaries of successful FY 2016 H-1B petitions will be...more

H-2B Cap Reached for the First Half of Fiscal Year 2015

On February 2, USCIS announced that the congressionally mandated H-2B cap for the first half of fiscal year 2015 has been reached. January 26, 2015 was the final receipt date for new H-2B worker petitions requesting an...more

(US) The EB-5 Visa Program: A Popular Real Estate Financing Program's Reauthorization Is Uncertain

The EB-5 Visa Program has become an increasingly popular vehicle for real estate project financing in the United States. Last year, for the first time in the Program’s history, the annual supply of EB-5 immigrant investor...more

Final Rule Extending Work Authorization to H-4 Dependent Spouses Expected Soon

In his recent State of the Union address, President Obama made clear that In his recent State of the Union address, President Obama made clear that he would veto efforts by the Republican-controlled Congress to undo some of...more

H-1B Season is Almost Upon Us

As a reminder to all U.S. employers, H-1B season is on the horizon! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2016 on Wednesday, April 1, 2015. As such,...more

Annual H-1B Visa Quota Available But Expected to Be Exhausted in Early April

On April 1, 2015, the United States Customs and Immigration Services (USCIS) will begin accepting petitions for H-1B visas that are subject to annual quotas for the 2016 fiscal year (which would allow employees to start...more

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