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
Foreign nationals often coordinate travel abroad to coincide with the holidays. December can be one of the busiest times of year for visa processing at U.S. Consulates and Embassies abroad. Here are a few helpful...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
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
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
It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more
1/17/2023
/ Adjustment of Status ,
E-3 ,
Employer Liability Issues ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
H-1B ,
H-1B1 ,
Hiring & Firing ,
Immigration Procedures ,
Layoffs ,
Visas
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
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
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
The Form I-94, Arrival/Departure Record is a document U.S. Customs and Border Protection (CBP) issues to all persons entering the United States except U.S. citizens, returning Legal Permanent Residents, and immigrant visa...more
Over the past year, several Presidential Proclamations have restricted travel to the United States by foreign nationals physically present in China, Iran, the Schengen Region, the United Kingdom, Ireland, Brazil, South...more
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
On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was originally set to expire...more
In episode 15 of the Take 5 Immigration Podcast Series, host Melissa Azallion Kenny is joined by Burr partner Jonathan Eggert to discuss what's on the immigration horizon for businesses in 2021, including the DACA program,...more
2/10/2021
/ Biden Administration ,
DACA ,
Employment Authorization Documents (EAD) ,
Foreign Workers ,
Form I-9 ,
H-1B ,
H-4 ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Immigration Reform ,
Visas
From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last four years. Many legal practitioners expect more of the...more
2/2/2021
/ Biden Administration ,
Border Security ,
DACA ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Green Cards ,
H-1B ,
H-4 ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
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
As discussed in our previous post, the White House recently issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. The original Proclamation provided...more
7/7/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
Visas