On May 29, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced the phased resumption of Premium Processing. Premium Processing allows employers to obtain expedited decisions on certain immigration filings by...more
On April 22, 2020, President Trump signed an Executive Order restricting immigration to the United States with the stated intent of protecting U.S. citizens from job competition and preserving medical resources as the economy...more
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
Additional Restrictions: The United Kingdom and the Republic of Ireland have been added to the list of countries subject to travel restrictions....more
3/19/2020
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
ESTA ,
Foreign Workers ,
Immigrants ,
Ireland ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration ,
UK ,
Visas
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
While students across the country are getting ready for spring break, school districts are already preparing to hire teachers for the next academic cycle. Many districts are suffering from a nationwide teaching shortage and...more
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
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
Even the simplest tasks tend to be chaotic around the holidays, and a trip to the U.S. Consulate for a visa interview is no exception. With no school for children and a desire to be with extended family during the holidays,...more
11/8/2018
/ Background Checks ,
Consulate ,
Family-Based Visas ,
Foreign Nationals ,
Holidays ,
International Travel ,
Interviews ,
Non-Immigrant Visas ,
Passports ,
Travel Permits ,
Travelers ,
Visa Applications ,
Visas ,
Work Visas
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
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
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
The H-2B visa program allows businesses in the United States to sponsor foreign nationals for a temporary visa to work in nonagricultural jobs. The H-2B program is popular among employers in the hospitality, tourism, and...more
9/29/2017
/ Department of Homeland Security (DHS) ,
Exemptions ,
Final Rules ,
Foreign Nationals ,
H-2B ,
Hospitality Industry ,
Irreparable Harm ,
J-1 Visas ,
Proposed Legislation ,
Temporary Work Visas ,
Visa Caps ,
Visas
In early August, President Trump voiced support for a bill introduced earlier this year by Senators Tom Cotton (R-AR) and David Perdue (R-GA) to effectively overhaul the current immigration system. The Reforming American...more
8/24/2017
/ Diversity Lottery ,
EB-5 ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Reform ,
Legislative Agendas ,
Non-Immigrant Visas ,
Popular ,
Proposed Legislation ,
RAISE Act ,
Trump Administration ,
Visas ,
Work Visas
The United States Supreme Court recently stayed portions of two (2) U.S. Circuit Court opinions and allowed parts of President Trump’s travel ban to go into effect. Foreign nationals from Iran, Libya, Somalia, Sudan, Syria,...more
7/12/2017
/ B-1 ,
B-2 ,
Bona Fide Relationship Test ,
Business Visitor ,
Executive Orders ,
Foreign Nationals ,
Immigration Procedures ,
Immigration Reform ,
International Travel ,
Preliminary Injunctions ,
SCOTUS ,
Travel Ban ,
Traveling Employee ,
Trump Administration ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project ,
Visas ,
Work Visas
With the increased focus on foreign language programs — particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of instruction—schools districts are...more
6/1/2017
/ 501(c)(3) ,
Colleges ,
Diversity Lottery ,
Foreign Language ,
Foreign Nationals ,
H-1B ,
Lawful Permanent Residents ,
Nonprofits ,
Popular ,
School Districts ,
Teachers ,
Universities ,
Visa Caps ,
Visas
While the Executive Order (“the Order”) issued by President Trump on January 27, 2017, and temporarily halted by the District Court in the Western District of Washington and subsequently by the Ninth Circuit Court of Appeals,...more
Advocates, employers, and employees are in a state of suspense in anticipation of potential changes to the H-1B program. The H-1B visa allows foreign workers to be employed in certain "specialty occupations," which are...more
2/22/2017
/ Diversity Lottery ,
F-1 Visa ,
Filing Deadlines ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Immigration Reform ,
OPT ,
Permanent Residence Cards ,
Trump Administration ,
Visas
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