News & Analysis as of

Foreign Workers National Interest Waiver

Gibney Anthony & Flaherty, LLP

[Webinar] H-1B Cap Alternatives: Visa Options for Employers to Consider - April 24th, 12:00 pm ET

The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional positions. Most H-1B visas are subject to an annual quota or “cap.” Because demand exceeds the number of available visas,...more

Ballard Spahr LLP

Recent Executive Orders May Affect Immigration Pathways for AI and Related Fields

Ballard Spahr LLP on

In recent weeks, the Trump administration has issued significant executive orders concerning artificial intelligence (AI) that may influence immigration pathways for professionals in AI and related fields...more

Jackson Lewis P.C.

Navigating Change: What Updated USCIS Guidance on EB-2 National Interest Waiver Means for Petitioners

Jackson Lewis P.C. on

The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a...more

Seyfarth Shaw LLP

National Interest Waiver (NIW) as a Viable Alternative to a Traditional Employment-based Green Card

Seyfarth Shaw LLP on

In an era of increasing global competition for highly skilled professionals, U.S. employers often face challenges in recruiting and retaining top talent. The National Interest Waiver (NIW) is a special provision under the...more

UB Greensfelder LLP

What to Expect in Business Immigration from a Second Trump Administration

UB Greensfelder LLP on

Since former President Donald Trump won re-election, there has been a flurry of speculation about what to expect during his second administration. While there is much we don’t know, his first presidency offers clues regarding...more

Seyfarth Shaw LLP

Diversity Visa Lottery: A Guide for U.S. Employers

Seyfarth Shaw LLP on

The Diversity Visa (DV) Lottery program, administered by the U.S. Department of State, allocates up to 55,000 immigrant visas annually through a random selection process from countries with low rates of immigration to the...more

Jackson Lewis P.C.

High-Skilled Immigrants Saw Rise in Approvals for O-1A Visas, National Interest Waivers

Jackson Lewis P.C. on

In recent years, the landscape for high-skilled immigration to the United States has seen significant changes, particularly with the rise in approvals for O-1A visas and National Interest Waivers (NIW). This rise follows the...more

Dinsmore & Shohl LLP

Understanding National Interest Waivers: A Strategic Route Worth Consideration

Dinsmore & Shohl LLP on

The National Interest Waiver (“NIW”) is a special provision within the EB-2 employment-based immigration category that allows individuals to bypass the usual labor certification process (“PERM”) required for most...more

Akerman LLP - HR Defense

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more

Seyfarth Shaw LLP

Beyond PERM: Unlocking New Pathways to Green Card Sponsorship for Key Talent

Seyfarth Shaw LLP on

In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence...more

Dickinson Wright

3 Tips for a Successful National Interest Waiver Petition for the STEM Worker

Dickinson Wright on

The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain...more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights – September-October 2023

The Department of State published the October 2023 Visa Bulletin Report on September 15, 2023 and announced that it will accept family and employment-based filings based on the Dates for Filing chart in October. As October is...more

Seyfarth Shaw LLP

September 2023 U.S. Immigration Alert

Seyfarth Shaw LLP on

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

Dickinson Wright

Navigating PERM in FLAG and the New Form ETA-9089

Dickinson Wright on

On June 1, 2023, the Department of Labor (DOL) officially transitioned its online PERM labor certification filings from its legacy PERM portal to the FLAG System. In addition to announcing the PERM system transition, the DOL...more

Jackson Walker

USCIS Confirms New Version of Form ETA 9089 is Required for Schedule A and National Interest Waiver I-140 Petitions

Jackson Walker on

The United States Citizenship and Immigration Services (USCIS) has confirmed the submission requirements for the new Form 9089 Application for Permanent Employment Certification, specifically for Schedule A and National...more

Quarles & Brady LLP

New USCIS Benefit for Employers and Their Foreign National Employees with Family Members

Quarles & Brady LLP on

A recent settlement with the class action lawsuit Edakunni v. Mayorkas now requires U.S. Citizenship & Immigration Services (USCIS) to review I-539 (status) and I-765 (work) applications for spouses and minor children of H-1B...more

Baker Donelson

Some Big Changes for USCIS this Week: Premium Processing Expanded, Extended Receipts for Permanent Residents, some Relief for H...

Baker Donelson on

U.S. Citizenship and Immigration Services (USCIS) has announced several important changes this week: expansion of premium processing for several employment-based categories; resumption of concurrent processing of spousal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

USCIS Expands Premium Processing to All EB-1 and EB-2 Classifications, Including New Petitions

Beginning January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) will accept Form I-907, Request for Premium Processing Service, for Form I-140, Immigrant Petition for Alien Workers E-13 (EB-1C) multinational...more

Womble Bond Dickinson

USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Petitions

Womble Bond Dickinson on

On January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced implementation of the final phase of premium processing expansion for employment-based first and second preference I-140 petitions. Beginning on...more

Cozen O'Connor

USCIS Announces Final Phase of Premium Processing Expansion

Cozen O'Connor on

On Thursday, January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced it is implementing the final phase of its planned premium processing expansion for Form I-140, Immigrant Petition for Alien Workers,...more

Gibney Anthony & Flaherty, LLP

USCIS Offers Premium Processing for More Permanent Resident Petitions

U.S. Citizenship and Immigration Services (USCIS) has further expanded premium processing eligibility to include more Form I-140, Immigrant Petitions for Alien Workers, under the EB-1 and EB-2 classifications, consistent...more

Cozen O'Connor

Update on USCIS Expansion of Premium Processing

Cozen O'Connor on

On September 15, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it will be implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140...more

Cozen O'Connor

USCIS to Implement Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions

Cozen O'Connor on

On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced it is implementing premium processing for certain petitioners who have a pending Form I-140 Immigrant Petition for Alien Worker under the EB-1 and...more

Quarles & Brady LLP

Impact and Timing of the DHS Final Rule to Expand Premium Processing

Quarles & Brady LLP on

Today, March 30, 2022, the Department of Homeland Security (DHS) published a final rule expanding premium processing for multinational managers, advanced degree holders seeking a national interest waiver, nonimmigrant...more

Fisher Phillips

With the Holidays Upon Us, What Your Foreign National Employees Should Know About International Travel in the Pandemic Era

Fisher Phillips on

Earlier this month, the Biden administration reopened U.S. borders and ports-of-entry to all nonimmigrant international travelers (i.e. ESTA, H, L, F, O, E, and B visa holders) attempting to enter or reenter the U.S. With the...more

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