On Wednesday, April 22, President Donald Trump signed a Proclamation suspending the issuance of new immigrant visas in an effort to limit job competition as the U.S. economy reels from the COVID-19 pandemic. The President’s...more
As U.S. employers begin to prepare for the upcoming H-1B cap season, U.S. Citizenship and Immigration Service (USCIS) has published a new rule in connection with this year’s H-1B cap filings. Here’s what you need to know....more
On Monday, December 3, 2018, the U.S. Citizenship and Immigration Services (USCIS) published in the federal register a proposed new rule that would significantly alter the H-1B cap filing process. The proposed rule (1)...more
As we reported last month, Acting Executive Associate Director for Homeland Security Investigations (“HSI”) Derek N. Benner stated in a May 14, 2018 press release that “Employers need to understand that the integrity of their...more
Many employers are aware that they are responsible for the reasonable cost of an H-1B worker’s return transportation home if they terminate an employee prior to the expiration of their H-1B petition. What many employers do...more
The State Department began to implement a new policy on June 11, 2018 that shortens the validity period granted and imposes additional security clearances before a visa is issued to certain Chinese citizens applying for...more
Employers are experiencing changes in the H-1B adjudicative process resulting in challenges in planning supplement professional work force hiring. The specified purpose of the "Hire American" section in President Trump’s...more
The International Entrepreneur Rule (“IE Rule”) has been in a constant state of fits in starts since its publication on January 17, 2017. During the 30 day comment period, the public has submitted 1,866 comments on the...more
Nearly Double as Compared to Previous Year -
Acting Executive Associate Director for Homeland Security Investigations (“HSI”) Derek N. Benner stated in a May 14, 2018 press release that “Employers need to understand that...more
What is the new proposed new rule? -
The State Department posted two Federal Register notices that propose to revise questions it asks temporary and permanent visa applicants when applying to come to the U.S. The new...more
As reported on April 6, 2018, U.S. Citizenship and Immigration Services (USCIS) received more H-1B cap petitions than the statutory available visas for both the general cap of 65,000 available H-1B visas and the additional...more
Now that the FY 2019 H-1B cap has been reached, make sure you have a strong immigration compliance programs in place, particularly when it comes to Department of Homeland Security’s H-1B Site Visit program and Department of...more
Today, April 6, 2018, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has received more H-1B cap petitions than the statutory available visas for both the general cap of 65,000 available H-1B visas...more
International students studying in the U.S. (typically in F-1 nonimmigrant status) must comply with many federal regulations while studying and working in the U.S. Much of their information is coordinated through their...more
On March 20, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it will again suspend premium processing for all H-1B cap-subject petitions beginning April 2, 2018, the first day filing begins. Premium...more
On February 22, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a new policy memo making it more restrictive for H-1B employers who have their consultants work at third party work sites to fulfil client...more
The Visa Waiver Program (“VWP”) allows citizens of 38 countries to travel to the U.S. for business or pleasure without having to obtain a formal visa by obtaining a pre-clearance known as Electronic System of Travel...more
It’s the time of year when U.S. employers are preparing for the upcoming H-1B cap petition filing season. While it appeared that USCIS was considering revising the H-1B lottery process for this fiscal year by adding a new...more
Since taking office, President Donald Trump has issued a series of immigration-related executive orders and proclamations that have become the general framework for the future management of U.S. immigration policy and...more
1/26/2018
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New changes to H-1B Lottery; H-4 EADs on the chopping block; AC 21 H-1B extensions in trouble; and how to plan for it all -
Changes to the H-1B Program and the H-1B Visa Lottery -
The Department of Homeland Security...more
This year saw significant changes to immigration policy in the United States. Here is a brief roundup of recent developments that companies should continue to monitor in 2018....more
The Obama-era International Entrepreneur Rule (“IE Rule”), which had been scheduled to go into effect on July 17, 2017, would allow qualifying foreign entrepreneurs to come to the US to establish, oversee, and grow their...more
On November 15, 2017, the House Judiciary Committee approved The Protect and Grow American Jobs Act (H.R. 170), which primarily affects “H-1B dependent” employers. The bill revises the definition of a dependent H-1B employer...more
U.S. Immigration and Customs Enforcement Acting Director Thomas Homan recently announced that ICE would increase worksite audits by “four or five times” in the next year. This comes after a January Executive order and a more...more
This past summer, U.S. Citizenship and Immigration Services (USCIS) released another new version of the Form I-9, Employment Eligibility Verification, which went into effect on September 18, 2017. The corresponding M-274...more