News & Analysis as of

Foreign Workers Visas Immigration and Nationality Act

Holland & Hart LLP

Impact of Recent Immigration Policy Changes on Individuals and Businesses

Holland & Hart LLP on

The Trump administration has initiated a series of significant changes to U.S. immigration policy following the President’s inauguration on January 20, 2025. These actions, executed through executive orders and policy...more

Cozen O'Connor

Annual Limit Reached for All Immigrant Visa Categories for FY2024

Cozen O'Connor on

On Monday, September 9, 2024, the U.S. Department of State (DOS), working in close collaboration with U.S. Citizenship and Immigration Services (USCIS), announced publicly that all available immigrant visas in the...more

Seyfarth Shaw LLP

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

Seyfarth Shaw LLP on

On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

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

U.S. Employment-Based Immigration Year in Review: Many Changes Made, Many Changes Promised

Looking back at 2023, many of the employment-based immigration changes proposed and implemented by various U.S. government agencies focused on increasing efficiency and alleviating strain on our immigration system. ...more

Cozen O'Connor

USCIS Has Used Nearly All Available Employment-Based Immigrant Visas for FY2022

Cozen O'Connor on

On September 6, 2022, U.S. Citizenship and Immigration Services (USCIS) filed a Court Declaration indicating that the agency has used nearly all available employment-based (EB) immigrant visas for this fiscal year (ending...more

Jackson Lewis P.C.

Major Immigration Law Changes in House’s Build Back Better Act

Jackson Lewis P.C. on

The U.S. House of Representatives passed the Build Back Better Act (BBBA) (H.R. 5376) by a vote of 220–213. Supported by the Biden Administration and congressional Democrats, the controversial bill heads to the Senate with...more

Nilan Johnson Lewis PA

Everything You Need for the 2023 Diversity Immigrant Visa Program (DV-2023)

Nilan Johnson Lewis PA on

At the beginning of each federal fiscal year (October), the Department of State conducts a lottery called the Diversity Immigrant Visa Program. If a person is selected, they are eligible to submit an application for permanent...more

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on

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

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

Harris Beach Murtha PLLC

USCIS Adds Further Uncertainty to Adjustment of Status Applications

On November 17, 2020, U.S. Citizenship & Immigration Services (USCIS) issued a Policy Alert, informing stakeholders of an update to its existing policy guidance in the USCIS Policy Manual regarding the discretionary factors...more

CDF Labor Law LLP

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program.  These rules sought to restrict access to H-1B visas by redefining the...more

Baker Donelson

Court Enjoins Proclamation Banning H, J, L Visas

Baker Donelson on

On October 1 a federal district court in California immediately enjoined the implementation of the President's Proclamation against the issuance of visas in the H, L, and J classifications, pending further hearings in the...more

Constangy, Brooks, Smith & Prophete, LLP

What You Need To Know About The October 2020 Visa Bulletin

The U.S. Department of State recently released its October 2020 Visa Bulletin reflecting an all-time high allocation of approximately 261,500 employment-based immigrant visas and signaling an unusually quick advancement of...more

Seyfarth Shaw LLP

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

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The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more

Harris Beach Murtha PLLC

Crossing the Line? Immigration Consequences of Marijuana Use

In 2018, marijuana was legalized for recreational use nationwide in Canada. New York state is also in the process of legalizing marijuana for recreational use; however, it remains illegal under federal law. As noted...more

Dickinson Wright

Employment-based Immigrant Visa Availability—When to File to Adjust Status to Permanent Resident?

Dickinson Wright on

The Immigration and Nationality Act (“INA”) sets forth preference classes to which the yearly allotment of 140,000 employment-based immigrant visas (or “green cards”) are allocated. A new yearly allotment of...more

Dickinson Wright

J-1 Conrad Waivers: Should I Stay or Should I Go?

Dickinson Wright on

As another year of medical residency registration begins across the U.S., J-1 physicians in their final year of training find themselves at a critical crossroads: they can return to their respective home countries at the...more

Holland & Knight LLP

DOJ Filing Lawsuits Against U.S. Companies Allegedly Discriminating Against Americans

Holland & Knight LLP on

The U.S. Department of Justice (DOJ) announced on Sept. 28, 2017, that the newly formed Immigrant and Employee Rights Section (IER) of the Civil Rights Division filed a lawsuit against an agricultural producer headquartered...more

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