Executive Summary: USCIS has announced the timeline for the H-1B FY23 Cap Petition Cycle. The H-1B FY23 cap registration period will run from noon on March 1, 2022 until noon on March 18, 2022. USCIS will then conduct a...more
2/14/2022
/ Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Job Applicants ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more
2/12/2021
/ E-3 ,
F-1 Visa ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
J-1 Visas ,
L-1A ,
L-1B ,
TN-Visas ,
USCIS ,
Visa Caps ,
Visas
After facing a number of lawsuits filed by some U.S. universities and states, the Department of Homeland Security (DHS) has agreed to rescind the policy change announced July 6, 2020 that rolled back some of the temporary...more
7/15/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
F-1 Visa ,
Foreign Students ,
Immigration Procedures ,
M-1 Visa ,
Non-Immigrant Visas ,
SEVP ,
Trump Administration ,
USCIS ,
Visas
As discussed in our prior Alert, on June 22, 2020 President Trump issued a proclamation extending until December 31, 2020 the ban on the entry of individuals applying for immigrant visas (“green cards”) outside of the United...more
6/29/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
International Travel ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
USCIS ,
Visas
This updates our Legal Alert of April 22, 2020, which discussed President Trump’s 60-day suspension on the entry of individuals applying for immigrant visas (“green cards”) outside of the United States....more
6/25/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration Procedures ,
International Travel ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
USCIS ,
Visas
This updates our Legal Alert of April 22, 2020, discussing President Trump’s tweet that he will “… temporarily suspend immigration into the United States!”...more
4/30/2020
/ Coronavirus/COVID-19 ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Travel Restrictions ,
Trump Administration ,
USCIS ,
Visas
In light of the enormous impact of the Coronavirus pandemic on U.S. employers, their workforces and the economy, the U.S. government agencies that adjudicate employment-based immigration matters have modified some of their...more
4/23/2020
/ Coronavirus/COVID-19 ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-140 Petitions ,
Form I-9 ,
Immigration Procedures ,
Relief Measures ,
Travel Restrictions ,
USCIS
A new federal rule has created a new electronic registration process for the annual H-1B lottery. The new electronic registration system will significantly change the sequence of the H-1B lottery. There will no longer be a...more
1/22/2020
/ E-1 ,
E-2 ,
F-1 Visa ,
Filing Requirements ,
Foreign Workers ,
H-1B ,
H-4 ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
J-1 Visas ,
Job Applicants ,
L-1A ,
L-1B ,
L-2 Visas ,
Registration Requirement ,
Regulatory Requirements ,
TN-Visas ,
USCIS ,
Visas
In a significant policy shift, the U.S. Citizenship and Immigration Services (USCIS) recently published a new agency policy that substantially expands the authority of USCIS to put otherwise legal immigrants into deportation...more
8/28/2018
/ DACA ,
Deportation ,
Employer Liability Issues ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Popular ,
Risk Mitigation ,
Trump Administration ,
USCIS ,
Visas
We are releasing this Alert to remind employers of the fast-approaching April 1, 2018, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more
Starting September 18, 2017, employers must use the revised Form I-9 with the revision date “7/17/17” to verify the identity and work eligibility of every new hire....more
USCIS has announced that it will temporarily suspend Premium Processing for all H-1B petitions, beginning April 3, 2017. The suspension will apply to all H-1B petitions, including new H-1B cases filed under the FY18 H-1B cap,...more
3/9/2017
/ Driver's Licenses ,
Employment Authorization Documents (EAD) ,
F-1 Visa ,
Foreign Workers ,
H-1B ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
USCIS ,
Visa Caps ,
Visas
President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more
2/2/2017
/ B-1 ,
B-2 ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Dual Citizenship ,
ESTA ,
Executive Orders ,
F-1 Visa ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
I-485 Applications ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Iran ,
Iraq ,
L-1 Visas ,
Lawful Permanent Residents ,
Libya ,
OPT ,
Refugees ,
Somalia ,
STEM ,
Sudan ,
Syria ,
TN-Visas ,
Travel Ban ,
Trump Administration ,
US Department of State ,
USCIS ,
Visas ,
Yemen
We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more
1/23/2017
/ Department of Labor (DOL) ,
E-1 ,
E-2 ,
E-3 ,
F-1 Visa ,
Filing Requirements ,
Foreign Workers ,
H-1B ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
J-1 Visas ,
L-1A ,
L-1B ,
L-2 Visas ,
Lottery ,
TN-Visas ,
USCIS ,
Visa Caps ,
Visas
Effective yesterday, January 17, 2017, a new USCIS rule seeks to improve multiple employment-based temporary nonimmigrant and immigrant visa (“green card”) programs. The new regulations are designed to help U.S. employers...more
1/18/2017
/ ACWIA ,
E-3 ,
Employment Authorization Documents (EAD) ,
Form I-140 Petitions ,
Green Cards ,
H-1B ,
H-1B1 ,
Highly-Skilled Workers Visa ,
I-485 Applications ,
Immigrants ,
Immigration Reform ,
L-1 ,
Non-Immigrant Visas ,
O-1 Aliens of Extraordinary Ability ,
TN-Visas ,
USCIS ,
Visas
USCIS has released a new version of the Form I-9, Employment Eligibility Verification. Employers should now start using the new 11/14/2016 version, which will become mandatory on January 22, 2017. Until then, employers may...more
The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by...more
8/4/2016
/ Anti-Discrimination Policies ,
Bipartisan Budget Act ,
Employer Liability Issues ,
Form I-9 ,
Fraud ,
Hiring & Firing ,
Immigrants ,
Immigration ,
Immigration Reform and Control Act (IRCA) ,
Inflation Adjustments ,
New Hires ,
Penalties ,
Policy Violations ,
USCIS
We are releasing this Alert to remind employers of the fast approaching April 1, 2016, deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the...more
We are releasing this Alert to remind employers of the fast approaching April 1, 2016 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the...more
On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the...more
7/28/2015
/ Administrative Procedure Act ,
Compliance ,
Department of Labor (DOL) ,
Employee Relocations ,
FDNS ,
Filing Requirements ,
H-1B ,
Hiring & Firing ,
Information Technology ,
LCA ,
Temporary Employees ,
USCIS ,
Work Visas
USCIS recently published Guidance purporting to rely on Matter of Simeio Solutions, addressing when employers must file an amended H-1B petition on behalf of H-1B workers who are transferred to a new work location not listed...more
On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more
In a historic move, effective May 26, 2015, the Department of Homeland Security ("DHS") will allow, for the first time, H-4 spouses of H-1B workers who are pursuing permanent residence ("green cards") to apply for work...more
On November 20, 2014, President Barack Obama unveiled expansive executive actions on immigration, which will grant work authorization to millions of undocumented workers. In addition, the executive actions seek to boost the...more
11/25/2014
/ Barack Obama ,
DACA ,
DAPA ,
Department of Homeland Security (DHS) ,
Deportation ,
Executive Orders ,
Green Cards ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Popular ,
STEM ,
USCIS
Executive Summary: We are releasing this Alert to remind employers of the fast approaching April 1, 2014 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work...more