On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more
10/25/2023
/ Department of Homeland Security (DHS) ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Regulation ,
Specialty Occupations ,
USCIS ,
Visa Caps ,
Visas
1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form -
On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices....more
9/11/2023
/ Coronavirus/COVID-19 ,
Disaster Aid ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Hawaii ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Labor Condition Applications ,
National Interest Waiver ,
OFLC ,
USCIS ,
Visas
Seyfarth Synopsis: USCIS officially announced that the number of electronic cap registrations exceeded the regular bachelor’s cap and advanced degree cap (“master’s cap”) for FY 2022. USCIS has also completed its initial...more
Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more
12/3/2020
/ Chamber of Commerce ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Domestic Hiring Policy ,
E-3 ,
Foreign Workers ,
Good Cause ,
H-1B ,
H-1B1 ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration and Nationality Act ,
Immigration Procedures ,
Immigration Reform ,
Motion to Set Aside the Verdict ,
PERM ,
Trump Administration ,
USCIS ,
Visas
Seyfarth Synopsis: On March 20, 2020, the U.S. Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) issued Frequently Asked Questions in response to the COVID-19 global pandemic, providing guidance and...more
Seyfarth Synopsis: President Trump’s order restricting travel to the United States from most European countries -- the Schengen Area, specifically -- will have a significant impact on nonimmigrant visa holders and certain...more
3/16/2020
/ Business Travel ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Foreign Nationals ,
Health and Safety ,
Immigrants ,
Immigration Procedures ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration ,
USCIS
Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more
12/12/2019
/ Conditional Job Offers ,
Employment Authorization Documents (EAD) ,
Filing Fees ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Job Applicants ,
Lottery ,
NAFTA ,
OPT ,
Registration Requirement ,
Regulatory Requirements ,
Trump Administration ,
USCIS ,
Vetting ,
Visa Caps ,
Visas ,
Work Permits
Seyfarth Synopsis: U.S. District Court in New York issued a nationwide injunction blocking the implementation of USCIS’ final rule on inadmissibility on public charge grounds, which rule resulted in significant changes to...more
10/14/2019
/ Adjustment of Status ,
Affidavits ,
Disclosure Requirements ,
Employees ,
Final Rules ,
Form I-129 ,
Green Cards ,
Hiring & Firing ,
I-485 Applications ,
Immigration Procedures ,
Immigration Reform ,
Injunctions ,
Job Applicants ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
Public Benefits ,
Required Forms ,
Time Extensions ,
Trump Administration ,
Updated Forms ,
USCIS
Seyfarth Synopsis: USCIS confirms FY 2020 H-1B petition selection is complete.
On April 10, 2019, United States Citizenship & Immigration Services (USCIS) received sufficient H-1B petitions to meet the 20,000 H-1B visa...more
On April 5, 2019, United States Citizenship & Immigration Services (USCIS) announced that it received sufficient H-1B petitions to meet the regular H-1B quota (or "cap") for Fiscal Year 2020, which begins on October 1, 2019....more
Seyfarth Synopsis: On February 11, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it revised Form I-539 and that the new version will be released on March 11, 2019. ...more
2/15/2019
/ Corporate Counsel ,
E-3 ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Reform ,
L-1 Visas ,
Non-Immigrant Visas ,
Required Forms ,
TN-Visas ,
USCIS ,
Visas
Seyfarth Synopsis: On January 31, 2019 DHS published the final rule for the electronic pre-registration of H-1B cap petitions and changed the order of selection of filings. ...more
2/1/2019
/ Department of Homeland Security (DHS) ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Registration Requirement ,
Regulatory Requirements ,
USCIS ,
Visas
Seyfarth Synopsis: Effective September 11, 2018, USCIS will suspend Premium Processing for all H-1B petitions filed at the Vermont and California Service Centers until February 19, 2019 (excluding filings by cap-exempt...more
Nonimmigrants in F, J, and M visa status should ensure that they take no actions to violate their status, as they could inadvertently trigger unlawful presence and jeopardize future status in the United States....more
Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions subject to the Fiscal Year (FY) 2019 cap beginning on April 2, 2018. ...more
3/22/2018
/ Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
USCIS ,
Visa Caps ,
Visas
Seyfarth Synopsis: If Congress cannot resolve FY2018 funding issues by December 8, 2017, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact on several...more
Seyfarth Synopsis: On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for all H-1B petitions....more
Seyfarth Synopsis: The Department of Homeland Security (DHS) to terminate the Deferred Action for Childhood Arrivals (DACA) program.
"Congress, get ready to do your job - DACA," tweets President Trump on Tuesday morning. ...more
9/6/2017
/ DACA ,
Department of Homeland Security (DHS) ,
Deportation ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Obama Administration ,
Path To Citizenship ,
Proposed Legislation ,
Trump Administration ,
USCIS
Seyfarth Synopsis: The United States Citizenship & Immigration Services (USCIS) has reversed its longstanding practice and will begin to deny Advance Parole (AP) applications if a green card applicant travels internationally...more
Seyfarth Synopsis: On July 24, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would resume premium processing for H-1B petitions for certain cap-exempt employers effective immediately....more
Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more
4/25/2017
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
E-Verify ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Labor Condition Applications ,
Popular ,
USCIS ,
Visas
Seyfarth Synopsis: USCIS announced today that it has reached the FY 2018 H-1B Cap.
On April 7, 2017, United States Citizenship & Immigration Services (USCIS) announced that it received sufficient H-1B petitions to meet...more
Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions beginning on April 3, 2017. USCIS indicates the purpose of the suspension is to process H-1B...more
3/9/2017
/ Driver's Licenses ,
F-1 Visa ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
OPT ,
USCIS ,
Visa Caps ,
Visas
Seyfarth Synopsis: On March 6, 2017, President Trump signed a new Executive Order temporarily restricting certain foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen from entry into the United States for 90...more
3/8/2017
/ Department of Homeland Security (DHS) ,
Dual Citizenship ,
Executive Orders ,
Exemptions ,
Foreign Nationals ,
Immigration Reform ,
International Travel ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visa Waiver Program