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[Webinar] Long-Term Strategies to Hire & Retain H-1B Employees - March 12th, 9:00 am - 10:00 am EST

With the shortage of U.S. workers in many STEM fields, H-1B workers are an increasingly vital part of the U.S. workforce. This webinar will address the requirements, processing times and validity periods for H-1B status as...more

USCIS To Increase Filing Fees Effective April 1, 2024

The Department of Homeland Security recently published a Final Rule in the Federal Register establishing a filing fee increase that will go into effect on April 1, 2024. The new fee schedule significantly increases several...more

USCIS Announces Inflation Adjustment to Premium Processing Fees

U.S. Citizenship and Immigration Services recently announced it will increase the filing fee for Form I-907, Request for Premium Processing. The fee change will go into effect for all Premium Processing requests received on...more

U.S. Department of State to Launch Stateside Visa Revalidation Program in January 2024

On December 21, 2023, the Department of State announced that it will be launching a pilot program to resume renewals of H-1B nonimmigrant visas in the United States for certain qualified foreign nationals. Prior to the...more

Highlights from USCIS’ Proposed Rule to “Modernize” H-1B Requirements

The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more

DOS to Announce Pilot Program for Limited Domestic Visa Revalidation

Harris Beach PLLC understands the U.S. Department of State (DOS) will soon revive a long-dormant program that allows a limited number of nonimmigrant visa holders to renew their visas from within the United States, a process...more

U.S. Citizenship and Immigration Services Updates National Interest Waiver Guidelines for Advanced STEM Degree Holders

United States Citizenship and Immigration Services (“USCIS”) has issued updated guidance on the adjudication of National Interest Waivers (“NIW”) for petitioners holding advanced degrees in science, technology, engineering...more

USCIS Updates Guidance on Demonstrating Ability to Pay Prospective Employees

On March 15, 2023, U.S. Citizenship and Immigration Services announced it is updating its guidance on how the agency interprets the regulatory requirement that U.S. employers must demonstrate their ability to pay prospective...more

USCIS Updates Child Status Protection Act Age Calculation for Adjustment of Status Applicants

On February 14, 2023, United States Citizenship and Immigration Services announced it is updating the method by which the agency calculates a child’s age under the Child Status Protection Act for children charged to the...more

USCIS To Bundle Adjudication of H-4 Visa Applications, H-4 EAD Applications with H-1B Petition When Filed Together

For the last several years, unnecessary delays and long processing times of H-4 and H-4 EAD (Employment Authorization) applications have caused frustration for H-1B dependents attempting to change or extend their status,...more

New York City Pay Transparency Law To Affect Employers Hiring In NYC And Labor Certifications For Foreign National Employees

As of November 1, 2022, most employers in New York City must comply with the City’s new pay transparency legislation. The legislation amends the N.Y. City Human Rights Law (“NYCHRL”), requiring covered employers to include...more

Citizenship and Immigration Services Updates Policy on Unlawful Presence Bars

On June 24, 2022, U.S. Citizenship and Immigration Services issued new guidance in its Policy Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA). The new guidance clarifies that...more

Be Alert if Relying on Prior Employers’ I-140 Approvals to Extend H-1B Status

When U.S. employers hire a foreign worker who is maintaining H-1B status with another employer, they are required to file an H-1B transfer petition. It also behooves the hiring employer to screen those candidates to determine...more

How Should Employers Handle a Lapse in an Employee’s EAD Validity Period?

Employment Authorization Documents (“EAD cards”) authorize certain foreign nationals to work in the United States during their validity period. An EAD card is one of many documents an employee may present as the basis for his...more

USCIS Announces Temporary Increase to EAD Automatic Extension Periods

Today USCIS has released a Temporary Final Rule (TFR) that is scheduled to be published in the Federal Register tomorrow, May 4, 2022, and which will be effective immediately upon publication. The TFR increases the automatic...more

USCIS Issues Counter-Intuitive Guidance on Documenting Employment Authorization for Dependent E or L Spouses for I-9 Purposes

We previously reported that USCIS reached a settlement agreement that allows the spouses of foreign nationals holding E-1, E-2, E-3, and L-1 status to work “incident to status.” This means that these spouses can work for any...more

USCIS Settlement Agreement Reduces or Eliminates Wait Time for Spouses of H-4 and L-2 Visa Holders

Pandemic-related slow-downs in U.S. Citizenship and Immigration Services processing times have continued late into 2021. USCIS pandemic protocols require limiting the number of individuals in the waiting rooms of USCIS field...more

United States to Lift All Geographically Based COVID-19 Travel Restrictions

In September, the White House announced that it would lift all of the geographic-based travel bans as of November 8, 2021. As we previously reported, the President imposed numerous geographically based travel bans due to the...more

How to Obtain a Vaccine Waiver for Immigration Medical Exam

All applicants for lawful permanent residency in the United States are required to submit to a medical examination to ensure that they are not carrying any communicable diseases of public health significance, and that they...more

Reminder: H-1B Employers Must Withhold FICA

October 1 marks the beginning of the federal government’s fiscal year, as well as the H-1B employment start date for thousands of workers. Most people who change status to H-1B under the H-1B lottery system initially came to...more

10/5/2021  /  H-1B , IRS , Lottery , Visas

Roundup of Current Travel Bans, Consular Closures and Visa Issuance Delays

In March 2020, the U.S. Department of State (“DOS”) announced the suspension of routine visa services at all U.S. embassies and consulates worldwide due to the COVID-19 pandemic. At that time, consular services were limited...more

Immigration Consequences of Passive Investment in the Legal Cannabis Industry

The recent legalization of adult-use cannabis in New York State has created enormous economic opportunity in the state, but taking advantage of those opportunities may bring harsh immigration consequences for foreign...more

Cap Closed: USCIS Notifies Selected H-1B Cap Registrants

The H-1B cap selection process has ended and the race to file petitions for selected registrants has begun. USCIS announced that on March 30, 2021, enough electronic registrations had been received during the initial...more

USCIS Stops Enforcing Charge Rule: Intending Immigrants No Longer Need to Pass Wealth Test

On March 9, 2021, the Department of Homeland Security (DHS) announced that it will no longer seek judicial review of any court decisions invalidating the 2019 Public Charge Final Rule, noting: Today, DHS Secretary...more

USCIS Announces Premium Processing for E-3 Visa Petitions for Australian Nationals

On February 24, 2021, USCIS announced it is adding I-129 petitions for E-3 status to the list of case types eligible for Premium Processing. The USCIS Premium Processing service allows petitioners to pay an additional filing...more

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