News & Analysis as of

H-1B Adjustment of Status Employment Authorization Documents (EAD)

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Lippes Mathias LLP

Working, Travelling While Adjusting Status in the United States

Lippes Mathias LLP on

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

Mintz

USCIS Proposes Changes to H-1B Visa Lottery Process

Mintz on

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

Kramer Levin Naftalis & Frankel LLP

USCIS Denying Pending Advance Parole Applications for Abandonment Due to International Travel

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

Tonkon Torp LLP

Reminder: New (Cap) H-1B Filings - April 3-7 Deadline

Tonkon Torp LLP on

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 Shaw LLP

Immigration-Related FAQs In Response to President Trump’s Recent Executive Orders, as of February 2, 2017

Seyfarth Shaw LLP on

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

Dorsey & Whitney LLP

Proposed Changes to Employment-based Immigration Regulations

Dorsey & Whitney LLP on

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

Hinshaw & Culbertson LLP

You Down with OPT? DHS Proposes Longer Post-Graduate Work Authorization for STEM Graduates, with a Catch

Hinshaw & Culbertson LLP on

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

Morgan Lewis

Department of State Releases October 2015 Visa Bulletin

Morgan Lewis on

A new category of “filing” cutoff dates has been introduced to allow for earlier filing of adjustment of status applications and immigrant visa applications. The US Department of State (DOS) has released its October 2015...more

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