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Proposed Rulemaking on H-1B Modernization

On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

H-1B Work Permit Filings: Will You Beat the Cap? (Updated)

Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more

Department Of Homeland Security Publishes Final Rule Regarding H-1B Pre-Registration Process

Seyfarth Synopsis: On January 31, 2019 DHS published the final rule for the electronic pre-registration of H-1B cap petitions and changed the order of selection of filings. ...more

USCIS Extends And Expands H-1B Premium Processing Suspension

Seyfarth Synopsis: Effective September 11, 2018, USCIS will suspend Premium Processing for all H-1B petitions filed at the Vermont and California Service Centers until February 19, 2019 (excluding filings by cap-exempt...more

USCIS Suspends Premium Processing For Cap-Subject H-1B Petitions Beginning April 2, 2018

Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions subject to the Fiscal Year (FY) 2019 cap beginning on April 2, 2018. ...more

DHS Releases Regulatory Agenda for 2018 - Major Changes Possible for H-1B, H-4, and F-1 Visa Holders

Seyfarth Synopsis: The Department of Homeland Security (DHS) published its regulatory plan for 2018, which aligns with President Trump’s Executive Order, Buy American Hire American. ...more

Premium Processing Resumes for Fiscal Year 2018 H-1B Cap Petitions

Seyfarth Synopsis: On September 18, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for H-1B petitions filed subject to the Fiscal Year (FY) 2018...more

The 4th U.S. Circuit Court of Appeals Maintains Nationwide Preliminary Injunction Blocking the Trump Administration's Revised...

Seyfarth Synopsis: On May 25, 2017, the U.S. Court of Appeals for the 4th Circuit ruled that President Trump’s travel ban should remain on hold, upholding a preliminary injunction issued in March 2017 by a lower court....more

Trump Administration Issues “Buy American and Hire American” Executive Order

Seyfarth Synopsis: The EO orders the Departments of State, Justice, Labor, and Homeland Security to propose new rules and issue new guidance to “protect the interests of U.S. workers” and “promote the functioning of the H-1B...more

USCIS Receives 199,000 H-1B Cap Petitions and Completes Lottery Process

Seyfarth Synopsis: USCIS completes the lottery process and receives 199,000 H-1B cap petitions. On April 17, 2017, United States Citizenship and Immigration Services (USCIS) announced that it received 199,000 H-1B...more

H-1B Quota Reached

Seyfarth Synopsis: USCIS announced today that it has reached the FY 2018 H-1B Cap. On April 7, 2017, United States Citizenship & Immigration Services (USCIS) announced that it received sufficient H-1B petitions to meet...more

USCIS Suspends H-1B Premium Processing Beginning April 3, 2017

Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions beginning on April 3, 2017. USCIS indicates the purpose of the suspension is to process H-1B...more

Department of Homeland Security (DHS) Publishes Final Rule Improving Certain Employment-Based Immigrant and Nonimmigrant Visa...

Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers. On January 17, 2017, the Department of...more

H-1B Work Permit Filings: Will You Beat the Cap?

This Management Alert is intended to enable employers to identify any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2017. We recommend that employers identify any...more

Migration Advisory Committee Announces Proposed Changes to Tier 2

The Migration Advisory Committee (“MAC”) has published its recommendations following an in-depth review of Tier 2, which is the primary route for economic migration to the UK. The MAC is an independent advisory body...more

DHS Sends New STEM OPT Rule to OMB For Review

The Department of Homeland Security (DHS) sent its proposed regulation on the STEM Optional Practical Training (OPT) program to the Office of Management and Budget (OMB) this week. A notice of proposed rulemaking (NPRM) is...more

District Court Vacates F-1 STEM OPT Rule and Provides DHS With Six Months to Cure Defect

On Wednesday, August 12, 2015, U.S. District Court Judge Ellen Huvelle of the District of Columbia vacated the Department of Homeland Security’s (DHS) 2008 rule allowing F-1 students in the U.S. with college-level degrees in...more

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