Effective March 20, 2020, USCIS announced it has suspended all I-129 and I-140 Premium Processing requests. Petitions not receipted in by March 20th will have the I-907 Premium Processing application and $1,440.00 fee...more
It’s official, almost. Implementation of the new H-1B filing process for 2020 is fast approaching and more details have been released. DHS published a notice in the Federal Register on January 9, 2020, which officially...more
1/29/2020
/ Department of Homeland Security (DHS) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
New Regulations ,
USCIS ,
Visas
As 2019 draws to a close and millions of people contemplate their resolutions for the new year, USCIS made good on their promise (discussed in our prior article) and announced the implementation of a new H-1B filing process...more
12/10/2019
/ Diversity Lottery ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
New Regulations ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
Often times, the first question asked by employment-based Green Card beneficiaries during an initial strategy consultation is, “How long until I have my Green Card in hand?” While the answer varies depending on the particular...more
8/24/2019
/ EB-1 ,
EB-2 ,
EB-3 ,
EB-4 ,
Foreign Nationals ,
Green Cards ,
PERM ,
US Department of State ,
USCIS ,
Visa Bulletins ,
Visas
PERM can be one of the most confusing and frustrating portions of the employment-based Green Card process for employers. PERM is driven by numerous regulatory requirements and the slightest mistake can doom a Green Card...more
7/11/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Filing Requirements ,
Foreign Workers ,
Green Cards ,
Hiring & Firing ,
Immigration Procedures ,
Job Applicants ,
Labor Certifications ,
PERM ,
Prevailing Wages ,
Recruitment Policies ,
USCIS ,
Visas ,
Wage and Hour
Now that the April 1, 2019 H-1B visa deadline has passed, thousands of employers may find themselves looking for an alternative to employ valuable foreign workers. While not receiving as much media popularity as the H-1B...more
4/16/2019
/ E-2 ,
Foreign Investment ,
Foreign Nationals ,
Foreign Workers ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Investors ,
L-Visas ,
USCIS ,
Visas
With April 1, 2019 and the H-1B cap deadline quickly approaching, employers seeking to use H-1B workers in third-party worksite arrangements will likely continue to see increased scrutiny from USCIS. Third-party worksite...more
In early January, the Burr & Forman, LLP immigration team outlined a major change to the H-1B visa lottery system proposed by the Department of Homeland Security (“DHS”) (DHS Proposes Major Lottery Changes Ahead of H-1B...more
2/6/2019
/ Amended Regulation ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
Electronic Filing ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Labor Condition Applications ,
Registration Requirement ,
USCIS ,
Visa Applications ,
Visa Caps ,
Visas
The current government shutdown does not affect the vast majority of USCIS’s activities. Their offices are open, and interviews and appointments are proceeding as normal. USCIS continues to accept petitions and applications...more
1/17/2019
/ Conrad 30 Waiver ,
E-Verify ,
EB-5 ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Filing Deadlines ,
Foreign Nationals ,
Foreign Workers ,
Government Shutdown ,
Immigrant Investor Program ,
Immigration Procedures ,
J-1 Visas ,
Religious Workers ,
Tentative Nonconfirmation ,
Time Extensions ,
USCIS
Every January, employers begin making preparing for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa...more
1/9/2019
/ Comment Period ,
Department of Homeland Security (DHS) ,
Filing Deadlines ,
Filing Requirements ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Lottery ,
Proposed Rules ,
Public Comment ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
USCIS has implemented a new Policy Memorandum affecting foreign national students (F-1 and M-1) and exchange visitors (J-1). The memo, “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” became effective on August...more
Every year, U.S. employers seeking highly skilled foreign professionals submit their petitions to U.S. Citizenship and Immigration Services (USCIS) with the hope of receiving an H-1B number. Since 1990, Congress has limited...more
6/27/2018
/ Department of Labor (DOL) ,
Foreign Students ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Labor Condition Applications ,
Third-Party ,
USCIS ,
Visa Caps ,
Visas
With changes in late 2017, many employers are gearing up for H-1B season on April 1, 2018. The H-1B visa allows foreign nationals to work in occupations that require at least a U.S. Bachelor’s Degree (or foreign equivalent)...more
1/22/2018
/ Diversity Lottery ,
Filing Deadlines ,
Filing Requirements ,
Foreign Nationals ,
Green Cards ,
H-1B ,
Trump Administration ,
USCIS ,
Visa Applications ,
Visa Caps ,
Work Visas
While students across the country are heading back to finish the school year, school districts are already preparing to hire teachers for the next academic term. Districts are suffering from a nationwide teaching shortage and...more
1/10/2018
/ Colleges ,
Diversity Lottery ,
Employee Retention ,
Filing Deadlines ,
Foreign Nationals ,
Green Cards ,
H-1B ,
New Hires ,
New Rules ,
School Districts ,
Teachers ,
Universities ,
USCIS ,
Visas
Qualifying dependent spouses of certain H-1B visa holders (H-4 spouse) have enjoyed the benefits of applying for work authorization since 2015 when the United States Citizenship and Immigration Services (USCIS) implemented a...more
E-Verify undergoes an early ‘spring cleaning’ each year when USCIS disposes of E-Verify records more than 10 years old. E-Verify users who have been using the online employment verification system for 10 years or more should...more
On October 1, 2017, United States Citizenship and Immigration Services (“USCIS”) began phasing-in interviews for all employment-based green card applicants. Interviews have always been mandatory, but historically USCIS has...more
10/25/2017
/ Employees ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
I-485 Applications ,
Immigration Procedures ,
Interviews ,
Trump Administration ,
USCIS ,
Visas ,
Waivers
Most employers have now implemented the use of the highly publicized, newly revised Form I-9 which United States Citizenship and Immigration Services (USCIS) mandated as the only acceptable Form I-9 version (rev 11/14/16)...more
On March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced it would suspend premium processing, often referred to as fast tracking, for all H-1B petitions. The suspension takes effect on April...more
One of the biggest drawbacks for employers trying to utilize the H-1B visa program is the numerical cap. The current law limits the number of H-1B visas available to 65,000 annually with an additional 20,000 available to...more
Form I-9 has undergone numerous changes since its inception following the passage of the Immigration Reform and Control Act of 1986 (IRCA). The newest version of Form I-9 was published by the United States Citizenship and...more
Now that the weather is warming up and the school calendar is winding down, millions of people across the country are planning their summer excursions. For employees that work on a non-immigrant visa, that summer holiday...more