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H-1B Cap Season: A Changing Landscape

March Madness will once again not fail this Fiscal Year 2025 (FY25) H-1B cap season. The shift in 2020 to the “new” H-1B registration system continues to be a work in progress. The USCIS strength and conditioning exercises...more

Plugged In: An EV Newsletter Vol 1 No 6

This is the sixth edition of Plugged-In, our monthly EV newsletter. In the last six months, we have covered multiple topics such as the United States’ decoupling agenda from China (and how that may not work in the...more

10 Hot Tips for Employers to Consider This H-1B Cap Season

March Madness is around the corner, and we are not talking about basketball! For the immigration aficionado, the much-anticipated annual H-1B cap season for Fiscal Year (FY) 2024 is gearing up to start. While many will make...more

2020 USCIS I-9 Guidance Round-Up

As a result of the ongoing COVID-19 global pandemic, employees continue to work from home in record numbers, and employers continue to scramble to adjust their business operations and employee relations policies to...more

Canada, Cannabis, and Crossing the Continent: Considerations for Canada-U.S. Companies, Business Travellers, and Investors

Managing your company’s Canada-U.S. operations will become hazier following Canada’s October 2017 legalization of recreational cannabis. While the Canadian Senate passed the Cannabis Act on June 21, 2018 to control and...more

Gaming & Hospitaltiy Legal News: Volume 11, Number 8

Earlier this summer, US Citizenship and Immigration Services (USCIS) published new guidance for how their officers should handle what we call a “Notice to Appear” (NTA)....more

What’s New in Immigration Law?

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

Survival in the Immigration Culture of Delay and Social Media Mining - Adjustment Interviews

With the recent change by U.S. Citizenship and Immigration Services (USCIS) to mandate in-person interviews for employment based adjustment cases along with changes to require the review of social media and to what...more

Employers and the DACA Wind Down Decision on September 5

On September 5, 2017, the Department of Homeland Security (DHS) issued the unfortunate Memo to rescind the Deferred Action for Childhood Arrivals (DACA) program (Memo). DHS Acting Secretary, Elaine C. Duke, noted that...more

In-Person Interviews to be conducted for Employment-Based Adjustment of Status Applicants

On August 28, 2017, the USCIS announced that beginning October 1st, the USCIS will begin to phase-in “in-person” interviews for Employment-Based, Adjustment of Status applicants (Form I-485, Application to Register Permanent...more

New Form I-9 Again for Employers

On July 17, 2017 U.S. Citizenship and Immigration Services (USCIS) announced the availability of a new version of the Form I-9. The new version has a revision date of 07/17/17....more

Trump Administration Announces Changes to the H-1B Program

In connection with the Trump Administration’s desire to crack-down on its perceived misuse of the H-1B visa category, various U.S. government agencies have announced a coordinated effort in re-interpreting regulations as well...more

USCIS Suspends Premium Processing for H-1B Petitons Beginning April 3rd

The USCIS announced on March 3, 2017 that beginning April 3, 2017, it will temporarily suspend premium processing for all H-1B petitions. According to the USCIS, the suspension may last up to 6 months. While H-1B premium...more

New USCIS Regulations To Retain High-Skilled Nonimmigrant Workers

The US Citizenship and Immigration Services (“USCIS”) published new regulations effective January 17, 2017 which modernize and improve aspects of certain employment-based nonimmigrant and immigrant visa programs. The...more

New Form I-9, Employment Eligibility Verification

On November 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification (“Form I-9”). Employers can continue to use the most recent version dated...more

DHS Increases Period of STEM Optional Practical Training to 24 months: Imposes Additional Requirements on Employers and F-1...

The U.S. government never gives without getting something in return, and the same is true with the new STEM 24-month, Optional Practical Training (OPT) Program. On March 11, the Department of Homeland Security (DHS) published...more

New Specialized Knowledge Standards Coming for L-1B Transfers

Multinational companies wishing to transfer foreign national employees to the U.S. under the L-1B program will have to show the employee’s “specialized knowledge” by a “preponderance of evidence” under new guidance published...more

USCIS Now Formally Requiring Amended Petitions When H-1B Worksite Changes

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a binding, precedential ruling that all U.S. employers must file an amended petition with the agency...more

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