Melissa Azallion Kenny and Jon Eggert explore the latest updates and trends in immigration law and policy. They discuss best practices for ensuring compliance and strategies for managing immigration challenges in the current...more
USCIS recently implemented a new temporary rule that reinstates the opportunity for a 540-day Automatic Employment Authorization Document (EAD) extension for certain foreign nationals seeking to renew their EAD. USCIS had...more
Cost increases due to inflation have become a norm over the last two years, and immigration fees are no exception. USCIS announced that effective April 1, 2024, fees for certain immigration benefits will be adjusted for the...more
Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year (FY) 2025 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) recently announced the H-1B cap lottery...more
2/8/2024
/ Corporate Counsel ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Job Applicants ,
Lottery ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
United States Citizenship and Immigration Services (USCIS) recently announced all available visas in the Fiscal Year 2024 H-1B lottery program have been utilized. Each year, 65,000 H-1B visas are available for positions...more
The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more
11/9/2023
/ Federal Pilot Programs ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Regulatory Agenda ,
Regulatory Requirements ,
Renewal Options ,
US Department of State ,
USCIS ,
Visas
United States Citizenship and Immigration Services (USCIS) has instituted a revised Form I-9 that is mandatory for all employers, starting November 1, 2023.
USCIS announced the new version in August, in part to aid with...more
In an effort to address the ongoing Employment Authorization Document (more commonly known as an “EAD”) processing backlog, USCIS recently announced it would lengthen the maximum validity period for certain EAD categories to...more
10/11/2023
/ Adjustment of Status ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
USCIS ,
Validity ,
Visas
On May 4, 2022, the Department of Homeland Security (“DHS”) issued a rule temporarily increasing the Employment Authorization Document (“EAD”) automatic extension period for certain renewal applicants. Under the temporary...more
9/6/2023
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Filing Deadlines ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Popular ,
Required Forms ,
USCIS
Last month, DHS announced E-Verify employers would be eligible to utilize an alternative remote document verification procedure when completing Section 2 of Form I-9, starting August 1, 2023. Only a few days later, DHS...more
8/22/2023
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
USCIS
DHS Announces Remote I-9 Document Procedure for E-Verify Employers -
Beginning August 1, 2023, E-Verify employers will be eligible to utilize an alternative remote document verification procedure when completing Section 2...more
7/28/2023
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Required Forms ,
USCIS
The EB-5 immigrant visa investor program has been used as an alternative source of funding for many real estate developers. EB-5 investors have typically preferred real estate related projects, and EB-5 capital has been used...more
5/19/2023
/ Business Plans ,
Construction Project ,
E-2 ,
EB-5 ,
Entrepreneurs ,
Foreign Investment ,
Foreign Nationals ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Investment Opportunities ,
Investors ,
Land Developers ,
Real Estate Development ,
USCIS ,
Visas
On February 14, 2023, U.S. Citizenship and Immigration Services (USCIS) made a small change in the Child Status Protection Act (CSPA) that will have a significant impact on the lives of many immigrant families....more
2/17/2023
/ CSPA ,
Family Members ,
Foreign Nationals ,
Foreign Workers ,
I-485 Applications ,
Immigrants ,
Immigration Reform ,
Minors ,
Residency Status ,
USCIS ,
Visas
USCIS recently announced the annual registration period for the FY2024 H-1B cap will open at noon (ET) on March 1, 2023, and remain open until noon (ET) on March 17, 2023. Registration is an annual electronic process through...more
Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year 2024 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) is expected to announce the H-1B cap...more
U.S. Citizenship and Immigration Services (USCIS) recently announced an extension to its waiver of the civil surgeon signature validity requirement for Form I-693. Form I-693 is the Report of Medical Examination and...more
Since its introduction in 2001, the Premium Processing service offered by the U.S. Citizenship and Immigration Services (“USCIS”) has seen notable changes. Premium Processing was originally introduced as an option for certain...more
U.S. Citizenship and Immigration Services (“USCIS”) announced a Temporary Final Rule that will increase the 180-day automatic extension period for some Employment Authorization Documents (“EADs”) to 540 days beyond the EAD’s...more
5/11/2022
/ Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Final Rules ,
Foreign Workers ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Temporary Regulations ,
Time Extensions ,
USCIS
Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an annual...more
Employment Authorization Document (EAD) processing times have been severely delayed in recent years, rendering certain dependent nonimmigrants temporarily ineligible to work and causing gaps in some U.S. employers’...more
1/5/2022
/ E-2 ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Foreign Workers ,
H-4 Spouses ,
Immigration Procedures ,
L-2 Visas ,
Non-Immigrant Visas ,
Popular ,
USCIS ,
Visas
Beginning October 1, 2021, United States Citizenship and Immigration Services (“USCIS”) will require COVID-19 vaccinations for all applicants applying for lawful permanent residence (i.e. green card) with some exceptions. ...more
9/22/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
Green Cards ,
Immigration Procedures ,
Individual Mandate ,
Infectious Diseases ,
New Guidance ,
Permanent Residence Cards ,
Request for Evidence (RFEs) ,
USCIS ,
Vaccinations ,
Visas
Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more
5/20/2021
/ DACA ,
Foreign Nationals ,
Green Cards ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
J-1 Visas ,
L-1 Visas ,
Popular ,
Presidential Proclamations ,
Prevailing Wages ,
Public Charge ,
USCIS ,
Wage and Hour
On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process. Beginning April 1st, those selected were eligible to start filing. But what if your employee was not selected? ...more
4/29/2021
/ Employment Authorization Documents (EAD) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Lottery ,
O Visa Petitions ,
OPT ,
STEM ,
TN-Visas ,
USCIS ,
Visas
After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more
1/25/2021
/ Department of Labor (DOL) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Labor Regulations ,
Minimum Wage ,
PERM ,
Prevailing Wages ,
USCIS ,
Visas ,
Wage and Hour
COVID-19 has affected nearly all areas of immigration, including the speed at which the United States Citizenship and Immigration Services (“USCIS”) is able to produce the Employment Authorization Document (“EAD card”). ...more