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
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
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
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
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
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
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
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 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
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
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
The global pandemic has had a significant adverse impact on United States Citizenship & Immigration Services (“USCIS”) operations. We previously reported on the impact of COVID-related office closures on U.S. consular...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
In March 2020, the U.S. Department of State announced suspension of routine visa services in light of the global pandemic. On July 14, the agency announced the phased resumption of routine visa services. According to the...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
Escalating tensions between the U.S. and Iran are significantly impacting the ability of Iranian nationals to immigrate to, or remain in, the United States. Most recently, on January 23, 2020, USCIS announced via notice in...more
1/24/2020
/ E-1 ,
E-2 ,
Foreign Nationals ,
Foreign Relations ,
Immigrants ,
Immigration Procedures ,
Iran ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visas
Immigration attorneys in states where marijuana is legal for recreational purposes have recently reported that their clients are now being questioned at their permanent residency interviews about whether they have ever used...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 2018, marijuana was legalized for recreational use nationwide in Canada. New York state is also in the process of legalizing marijuana for recreational use; however, it remains illegal under federal law. As noted...more
4/8/2019
/ Canada ,
Controlled Substances ,
Criminal Convictions ,
Customs and Border Protection ,
Decriminalization of Marijuana ,
Deportation ,
Foreign Nationals ,
Foreign Workers ,
Immigration and Nationality Act ,
Immigration Procedures ,
Marijuana ,
Medical Marijuana ,
Recreational Use ,
Trump Administration ,
Visas