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

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

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

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

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

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

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

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

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 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

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

Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2014

Fiscal year 2015 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2014. However, as October 1, 2014 approaches, many cap-subject H-1B petitions remain pending at both the California...more

Approved H-1B? Get the Ball Rolling on Your Consular Application Now!

Getting an H-1B nonimmigrant visa for new employment with a private employer in the United States has become an obstacle course that now even requires winning a lottery. The process has become so complicated that H-1B...more

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