Immigration Insights Podcast: International Entrepreneur Parole Program & Biometrics Requirement
OVERVIEW USCIS is expected to continue using its electronic registration process for fiscal year (FY) 2023 H-1B cap season. The registration period will run in March 2022 for a minimum of 14 calendar days. H-1B CAP FY ‘23...more
Since the publication of our November 12, 2021 alert, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance following the November 10, 2021 settlement agreement and updated the I-9 Handbook providing for...more
Effective November 12, 2021, U.S. Citizenship and Immigration Services (“USCIS”) extended employment authorization for certain E, H, and L dependent spouses. Specifically, USCIS now recognizes that L and E dependent spouses...more
On Burr & Forman's "Immigration Insights" podcast, host Melissa Azallion Kenny provides listeners with updates on the International Entrepreneur Parole Program and the suspension of biometric fees for dependent applicants....more
U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), has just closed its annual H-1B registration, and employers are anxiously awaiting news on whether USCIS has selected...more
As a positive development for H-1B employers, on December 1, 2020, the U.S. District Court for the Northern District of California issued a final ruling in Chamber of Commerce, et al., v. DHS, et al. set aside the Interim...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
On December 1, 2020, the U.S. District Court for the Northern District of California granted a motion for summary judgment in favor of the plaintiffs that had requested to set aside two new regulations from the U.S....more
President Trump’s Buy American, Hire American Executive Order encouraged the United States Department of Labor (DOL) and the United States Department of Homeland Security (DHS) to propose new rules and guidance that will...more
During the first week of October and just days into the new fiscal year, the Trump Administration announced two significant changes for employers who wish to sponsor foreign workers. The first of these announcements affects...more
New rules published by the Department of Labor (DOL) and the Department of Homeland Security (specifically, USCIS) are intended to severely restrict the use of the H-1B and related H-1B1 and E-3 visa classifications for...more
In the last few months, it has been difficult for employers and immigration attorneys to keep up with the flurry of changes released by the Trump Administration, including the suspension on the issuance of H-1B visas at U.S....more
Effective October 8, 2020, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels,...more
Two Interim Final Rules (IFRs) are to be published on Thursday, October 8, 2020 by the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL). The DHS “Strengthening the H-1B Nonimmigrant Visa...more
The Trump Administration has announced that it will publish two Interim Final Rules on Thursday, October 8, 2020 that will substantially alter the H-1B visa program for temporary professionals working in a specialty...more
On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more
With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more
USCIS has published a final rule focused on the retention of EB-1, EB-2, and EB-3 immigrant workers and the improvement of existing temporary visa programs for high-skilled nonimmigrant workers. The new rule takes effect on...more
Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers. On January 17, 2017, the Department of...more
USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs and to better enable U.S. employers to hire and retain certain foreign workers who...more
DHS recently published amended regulations affecting certain highly skilled workers in specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3), nonimmigrant workers in the Commonwealth of the Northern Mariana...more
On January 15, 2016, the Department of Homeland Security (DHS) posted a final rule in the Federal Register which revises its regulations affecting highly skilled workers in the nonimmigrant classifications for specialty...more
On Friday, January 15, 2016, the U.S. Department of Homeland Security published a final rule—Enhancing Opportunities for H–1B1, CW–1, and E–3 Nonimmigrants and EB–1 Immigrants—in the Federal Register. The new regulations,...more
On Friday, January 15, 2016, the Department of Homeland Security (DHS) posted to the Federal Register the final rule revising regulations affecting highly skilled workers in the nonimmigrant classifications for specialty...more
Last week, the Department of Homeland Security published a final rule that improves the programs for the H-1B1 (specialty occupations from Chile, Singapore), E-3 (specialty occupations from Australia) and CW-1 (CNMI-Only...more