As part of our Spotlight series, we invited Shannon Donnelly, a partner in our Washington, DC office who works with clients on a wide range of complex global immigration and mobility issues, to discuss the proposed H1B...more
The US Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) with respect to the regulations governing the H-1B nonimmigrant visa classification. The proposed rule seeks to improve the...more
Effective June 30, 2021, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels, resulting...more
1/13/2021
/ Department of Labor (DOL) ,
E-3 ,
Foreign Workers ,
H-1B ,
H-1B1 ,
Immigrants ,
Immigration Procedures ,
Labor Condition Applications ,
PERM ,
Prevailing Wages ,
Wage and Hour
Effective October 8, 2020, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels,...more
10/9/2020
/ Buy American and Hire American ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-3 ,
Foreign Workers ,
H-1B ,
H-1B1 ,
Highly-Skilled Workers Visa ,
LCA ,
Minimum Wage ,
PERM ,
Prevailing Wages ,
Trump Administration ,
USCIS ,
Visas ,
Wage and Hour
President Donald Trump on June 22 issued an amendment to the Presidential Proclamation previously released in April, which suspended the admission of immigrant aliens to the United States. The amendment limits entry into the...more
Now is the time for employers to begin assessing their FY2021 H-1B needs. Employers should review the immigration status of their current and potential foreign national employees and identify any individuals for whom H-1B...more
The US Citizenship and Immigration Services (USCIS) announced on November 7 that it has issued the final rule requiring payment of a $10 nonrefundable fee for each H-1B registration upon implementation of the new electronic...more
The US District Court for the Southern District of New York on October 11 enjoined and halted enforcement of the new public charge rule that was due to become effective October 15, 2019. The court not only enjoined the US...more
Now is the time for employers to assess their FY2020 H-1B needs and start preparing their petitions for submission on April 1. It is very likely that the cap for H-1B petitions will be reached in early April of this year, so...more
A registration program proposed by US Citizenship and Immigration Services would eliminate the need for paper filings prior to the lottery process for cap-subject H-1B petitions, and increase the chance of selection for...more
US Citizenship and Immigration Services has announced without warning that it will extend its suspension of premium processing for cap-subject H-1B petitions and, beginning September 11, expand it to include additional H-1B...more
The announcement from the US Citizenship and Immigration Services came as a surprise and could create significant uncertainty for H-1B petitioners and the beneficiaries of cap-subject H-1B petitions....more
Most operations are either fee-based or considered “essential” and are therefore expected to proceed normally.
Barring passage of an eleventh-hour spending bill, the current continuing resolution will expire on January 20...more
Now is the time for employers to assess their FY2019 H-1B needs and start preparing their petitions for submission on April 2....more
Potential change would impact three-year extensions under the American Competitiveness in the Twenty-first Century Act.
Recent press reports suggest that United States Citizenship and Immigration Services (USCIS), the...more
Premium processing resumed on September 18, 2017.
US Citizenship and Immigration Services (USCIS) announced on September 18, 2017 that it will once again allow premium processing of all H-1B petitions subject to the Fiscal...more
Now is the time for employers to assess their FY2018 H-1B needs and start preparing their petitions for submission on April 3....more
The final rule adds employer obligations to the STEM OPT program.
The US Department of Homeland Security has released an advance version of its long-anticipated final rule that expands employment authorization for...more
The Proposed Rule would implement provisions of the AC21 and introduce significant reforms to the employment-based immigration process.
On New Year’s Eve 2015, US Citizenship and Immigration Services (USCIS) published a...more
Now is the time for employers to assess their FY2017 H-1B needs and to start preparing their petitions for submission on April 1.
On April 1, 2016, US Citizenship and Immigration Services (USCIS) will begin accepting...more
Certain key provisions of the omnibus spending bill will affect travel without visas, e-Passport requirements, EB-5 investors, and H-1B and L-1 “dependent” employers.
Included in the omnibus spending bill, which the US...more
New rule would extend STEM optional practical training to 24 months.
On October 19, the US Department of Homeland Security (DHS) published a proposed rule in the Federal Register to amend its F-1 nonimmigrant student...more
10/21/2015
/ Adjustment of Status ,
Colleges ,
Comment Period ,
Department of Homeland Security (DHS) ,
E-Verify ,
Foreign Students ,
Form F-1 ,
H-1B ,
Non-Immigrant Visas ,
OPT ,
Proposed Regulation ,
STEM ,
Time Extensions ,
Universities ,
Visas
A new category of “filing” cutoff dates has been introduced to allow for earlier filing of adjustment of status applications and immigrant visa applications.
The US Department of State (DOS) has released its October 2015...more
9/10/2015
/ Adjustment of Status ,
Applications ,
EB-2 ,
EB-3 ,
Employment Authorization Documents (EAD) ,
Green Cards ,
H-1B ,
I-140 ,
Permanent Residence Cards ,
Priority Date Cutoff ,
US Department of State ,
USCIS ,
Visa Bulletins ,
Visas
Current STEM OPT holders not affected until February 2016.
A federal judge's ruling earlier this month invalidated the 17-month extension of optional practical training (OPT) for international students in the science,...more
Starting May 26, USCIS will temporarily suspend the 15-day premium processing service for all H-1B Extension of Stay petitions until July 27 to allow it to implement the H-4 Employment Authorization Document final rule in a...more