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
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
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
11/13/2023
/ Citizen Petitions ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
H-1B ,
Labor Condition Applications ,
Lottery ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
USCIS ,
Visa Caps ,
Visas
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
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
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
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
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
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
On Feb. 5, 2021, USCIS announced that the H-1B cap registration process for this year will open on March 9, 2021 and close on March 25, 2021. USCIS will notify selected registrants by March 31 that they have been selected,...more
On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the random H-1B visa lottery selection process used when U.S. Citizenship and Immigration...more
11/23/2020
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
F-1 Visa ,
H-1B ,
Immigration and Nationality Act ,
Interim Final Rules (IFR) ,
Notice of Proposed Rulemaking (NOPR) ,
Trump Administration ,
USCIS ,
Visas
The Department of Homeland Security (DHS) H-1B Strengthening Rule and Department of Labor (DOL) Prevailing Wage Interim Final Rules were published last week, launching a 30-day comment period. Employers who hire H-1B...more
On July 16 and 17, 2020, the U.S. Department of State (“DOS”) announced changes to two existing COVID-related travel restrictions. The first creates new exceptions to the Proclamation barring anyone who has been within a...more
7/20/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
E-1 ,
E-2 ,
F-1 Visa ,
H-1B ,
H-2B ,
H-4 ,
J-1 Visas ,
L-1 Visas ,
L-2 Visas ,
M-1 Visa ,
National Interest Waiver ,
New Guidance ,
Popular ,
Presidential Proclamations ,
Travel Restrictions ,
US Department of State ,
Visa Waiver Program
On Monday, June 22, 2020, President Donald Trump signed a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The Proclamation imposes significant...more
6/23/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Foreign Workers ,
H-1B ,
H-2B ,
H-4 ,
Immigration ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
L-2 Visas ,
Presidential Proclamations ,
Trump Administration
Employers of H-1B workers are subject to U.S. Department of Labor regulations designed to protect the jobs of U.S. workers. Those regulations require that the H-1B worker perform his or her duties at one or more specific...more
It’s strikingly apparent that the current global pandemic of COVID-19 is impacting travel and visa/immigration processes worldwide. As of right now, all USCIS processing centers for visa petitions remain open and...more
On November 14, 2019 the Trump Administration proposed increasing the cost of filing many types of non-immigrant and immigrant visa applications. The proposed rule to implement these fees increases is currently open for...more
12/30/2019
/ 485 ,
Comment Period ,
Department of Homeland Security (DHS) ,
Fees ,
Green Cards ,
H-1B ,
Immigrants ,
Immigration Procedures ,
L-1 Visas ,
Non-Immigrant Visas ,
Proposed Rules ,
Trump Administration ,
USCIS ,
Visas
On November 8, 2019, USCIS published a Final Rule in the Federal Register implementing a new registration fee requirement for those employers who seek to file cap-subject H-1B petitions. Under the new rule, which is effective...more
12/12/2019
/ Electronic Reporting ,
Foreign Nationals ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Job Applicants ,
Registration Fees ,
Registration Requirement ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
On April 10, USCIS announced that they have reached the annual cap for the H-1B lottery. According to the announcement, USCIS received 201,011 H-1B petitions during the filing period, which ran from April 1 to April 5,...more
In this series, Partner Danielle Rizzo explores how several small changes to student visa policy by the Trump Administration are having a major impact on the international student population in the United States. These...more
1/23/2019
/ Adjustment of Status ,
Colleges ,
Deportation ,
Employer Liability Issues ,
F-1 Visa ,
Foreign Students ,
H-1B ,
Immigration Procedures ,
Immigration Reform ,
OPT ,
Resident Status ,
STEM ,
Students ,
Trump Administration ,
Universities ,
Unlawful Presence Waivers ,
USCIS ,
Work Visas