Adjustment of Status (AOS) has a very specific definition in the United States. It is defined as the process whereby someone goes from a temporary nonimmigrant status to a Lawful Permanent Resident without obtaining a visa...more
The election results are in and many are wondering what to expect for business employment immigration. The news is full of stories about mass deportations, but scant on information about those legally in the U.S. working in...more
The sponsorship of temporary, nonimmigrant work visas and U.S. permanent residence can be a tremendous lure for U.S. employers to attract and retain foreign talent— but it comes with a large price tag. Is a U.S. employer...more
On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas. As a result of the settlement, U.S. Citizenship and Immigration Services (USCIS) has agreed to resume its...more
It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more
On January 4, 2023, the United States Citizenship and Immigration Services (USCIS) published a proposed rule to increase fees for most immigration benefit requests. If implemented, employers will pay significantly more for...more
At the beginning of each fiscal year, U.S. government agencies announce their regulatory agendas, which guide the agencies’ future actions. Here are the most relevant short and long-term regulatory changes that have been...more
Whether your organization is involved in the purchase of a company, a merger of corporate entities, or the spinoff of a business unit into an entirely new company, an often-overlooked aspect is taking the proper steps to...more
USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more
In this series, Partner Danielle Rizzo explores how several small changes to student visa policy by the Trump Administration are having a major impact on the international student population in the United States. These...more
Today, the U.S. Department of Homeland Security issued a notice of proposed rulemaking proposing amendments that would alter the process for the filing and selection of H-1B visa petitions that are subject to the annual...more
August 28, 2018, USCIS announced that it is extending the temporary suspension of premium processing for cap-subject H-1B petitions. In addition, starting September 11, 2018, USCIS will expand the suspension to include...more
Today August 28, 2018, USCIS announced that the temporary suspension of Premium Processing (expedited processing) for H-1B Cap Petitions will be extended beyond September 10, 2018 and will likely last until February 19, 2019....more
After some earlier versions that encountered significant resistance and judicial challenge, President Donald Trump issued a Proclamation on Sept. 24 that restricts travel to the United States by nationals of eight countries –...more
A learned colleague, Rob Cohen blogged, what could be called “a cry into the wilderness” in 2014 suggesting that the regulation at 8 C.F.R.§245.23(j) be amended so that an individual who departed the United States before an...more
Advance Parole allows an individual to travel internationally during the pendency of an adjustment of status (AOS) application. Those individuals who hold a valid H or L visa also have the option of using that visa to travel...more
This alert applies to you only if you are in H-1B, H-4, L-1 or L-2 status and you are applying for “adjustment of status” in the United States. If you have been approved to immigrate (approved PERM or approved Form I-140)...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
As of April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. Therefore petitioners will not have the option to request 15-day, premium processing on H-1B petitions filed on or after April 3,...more
February 28, 2017 U.S. employers that wish to pursue new H-1B visas on behalf of prospective or existing employees should do so as soon as possible, and contact counsel for assistance if desired. April 3 through 7, 2017 is...more
Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration....more
At the end of last year, the Department of Homeland Security proposed amendments (published 12/31/2015) to its regulations pertaining to employment-based immigrant (permanent) and nonimmigrant (temporary) visa programs, and...more
On December 30, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning employment-based visa programs for high-skilled workers. The notice is published in the December...more
Last week, the Department of Homeland Security (DHS) issued a proposed rule that would amend its F-1 nonimmigrant student visa regulations regarding optional practical training (OPT) for students with higher education degrees...more
New rule would extend STEM optional practical training to 24 months. On October 19, the US Department of Homeland Security (DHS) published a proposed rule in the Federal Register to amend its F-1 nonimmigrant student...more