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USCIS filing fees increase substantially effective April 1

The U.S. Citizenship and Immigration Services has issued a new fee rule that imposes significant increases, particularly for employment-based petitions. The rule, and the higher fees, will apply to any benefit request...more

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

FY 2024 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2024. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

What You Need To Know About This Year’s H-1B Cap Process

Last year, the U.S. Citizenship and Immigration Services rolled out for the first time a new electronic registration tool for H-1B cap cases as part of its implementation of regulations issued in January 2019. The 2019...more

DOL Will Increase Wage Rates For High-Skilled Worker Visas...Or Will It?

The U.S. Department of Labor has again issued a final rule on the computation of prevailing wage levels for high-skilled foreign workers. The rule is intended to replace a prevailing wage rule issued in October that was...more

Federal Court Rules Against Administration’s Two Controversial H-1B rules

We reported in October about two new rules that were issued by the U.S. Department of Homeland Security and the U.S. Department of Labor that would affect H-1B specialty occupation visas. The DOL rule significantly raised...more

The H-1B Cap Lottery May Change To Favor The Highest Paid Foreign Nationals

On Monday, the U.S. Department of Homeland Security issued proposed regulations that would amend the H-1B cap registration selection process by replacing the current random process with one based on wage levels. The proposed...more

State Department Proposes To Eliminate Controversial “B–1 In Lieu Of H-1B” Policy

For many years, U.S. employers have benefited from the “B–1 (Business Visitor) in lieu of H” policy. The policy allowed a business visitor to come to the United States as an employee of and on behalf of a foreign employer in...more

Good News On USCIS Fees And Expansion Of Premium Processing

As we reported previously, the U.S. Citizenship and Immigration Services was due to increase filing fees by approximately 20 percent across many filing types, including new fees on asylum and additional fees for applicants...more

New USCIS Filing Fees May Become Effective October 2

The U.S. Citizenship and Immigration Services is poised to implement new filing fees on October 2, under regulations published in the Federal Register on August 3. However, two lawsuits were filed in federal court about a...more

USCIS Runs A Second H-1B Cap Lottery

On August 14, the U.S. Citizenship and Immigration Services confirmed it had run a second H-1B lottery for fiscal year 2021 and sent out notifications regarding new H-1B registration selections. The USCIS had not yet met the...more

State Department Issues Guidance On National Interest Waivers

The U.S. Department of State has issued some preliminary guidance on the application of the national interest waiver to foreign nationals from countries that are subject to a COVID-19-related travel ban. Since late...more

New Proclamation Bans Entry Of Nonimmigrant Workers, But Scope May Be Narrow

On June 22, as we expected, President Trump issued “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The Proclamation temporarily suspends the entry of...more

Call To Action: Temporary Ban On Entry Of Nonimmigrant Visa Workers May Be Coming

The Trump Administration is reportedly contemplating a proclamation that will significantly affect a number of temporary work permit programs. Although we cannot predict with certainty what these restrictions will be or their...more

New USCIS Policy Eases Rules On J-1 Waiver Physicians Employed In H-1B Status

Health care providers are struggling with an acute shortage of physicians in medically underserved areas. Foreign-trained doctors in the J-1 exchange visa program play a critical role in filling this gap. As a result, the...more

Premium Processing Is Phasing Back In

Yesterday the U.S. Citizenship and Immigration Services began phasing back in premium processing for eligible Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers. Premium...more

Trump Immigration Order Is Fairly Narrow In Scope

On April 22, President Trump issued a Presidential Proclamation that suspends the ability of some foreign nationals living abroad to seek entry to the United States based on their applications for immigration status, more...more

Massachusetts May Have Relief For Some Unemployed H-1B workers

As employers in the Commonwealth contemplate furloughs, temporary layoffs, or other forms of reductions in force amid the ongoing economic crisis caused by the COVID-19 pandemic, many H-1B workers scramble to figure out...more

Risky Business: Furloughs, Layoffs, And Reductions In Pay For H-1B Workers

As the COVID-19 pandemic persists, U.S. employers are feeling the economic impact and the unintended consequences to their workforce. Many employers who supplement their workforce with foreign professional workers in H-1B...more

DHS Poised To Increase Immigration Process Fees In 2020 . . . Really?

In recent years, if you have filed a petition for an H-1B professional worker or an application for your foreign national fiancé, you may have noticed more delays, more requests for evidence, and even more denials of cases...more

USCIS Overhauls H-1B Cap Process For 2020

Last week, the U.S. Citizenship and Immigration Services announced that it had completed pilot testing of its new electronic registration tool and would implement it for the H-1B cap season in 2020. The new electronic...more

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