News & Analysis as of

H-1B L-1

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 -
Rivkin Radler LLP

H-1B Registration Opens in 2 Weeks

Rivkin Radler LLP on

Each year, the United States Citizenship & Immigration Services (USCIS) conducts an H-1B registration selection process for foreign nationals who have not previously held H-1B status. The H-1B cap registration period for...more

Jackson Lewis P.C.

U.S. Visa Dropbox Eligibility Reverts to Pre-COVID Standard, More Applicants Will Need In-Person Interviews

Jackson Lewis P.C. on

The U.S. Department of State has unexpectedly updated Consular websites with revised eligibility requirements for Visa Interview Waiver (“dropbox”) appointments. Effective immediately, dropbox eligibility is limited to...more

Tonkon Torp LLP

Birthright Citizenship: Impact on Business Immigration?

Tonkon Torp LLP on

President Trump’s Executive Order, “Protecting the Meaning and Value of American Citizenship,” limits birthright citizenship to babies born in the United States after February 20, 2025, who had at least one parent who was a...more

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

Morgan Lewis

Trump-Vance Administration Issues Executive Orders on Immigration: Implications for Employers

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President Donald Trump on his first day in office signed immigration executive orders focusing on border enforcement, removal, asylum, and birthright citizenship....more

Holland & Hart LLP

Impact of Recent Immigration Policy Changes on Individuals and Businesses

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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

Dinsmore & Shohl LLP

Preparing for the New Year, New Administration and New Possibilities: A Guide to Site Inspections

Dinsmore & Shohl LLP on

As the new administration begins, significant changes to immigration policies are anticipated, though the specifics of these changes—including when they will take effect and how they will impact the current immigration...more

Parker Poe Adams & Bernstein LLP

USCIS Agrees to Bundle Adjudications of H-4/H-4 EADs and L-2 Dependent Applications

In the recent legal settlement of Edakunni v. Mayorkas, the U.S. Citizenship and Immigration Services (USCIS) has agreed to resume adjudicating H-4 and L-2 dependent and H-4 employment authorization petitions at the same time...more

Dentons

Faster Processing for H-4 and L-2 Dependents Starting January 25, 2023 – Including Work Permission

Dentons on

In an excellent development, as of January 25, 2023, the U.S. government agreed to resume the process of “bundling” H-4 and L-2 dependent applications, – including I-765 work permission applications, with the H-1B and L-1...more

UB Greensfelder LLP

Immigration Settlement Clears the Way for Thousands of H-1B and L-1 Spouses to Work in the US

UB Greensfelder LLP on

Immigration Settlement Clears the way for thousands of H-1B and L-1 spouses to work in the U.S., Ulmer Immigration Group Leader David Leopold explains....more

Nilan Johnson Lewis PA

DHS Settlement Provides Long-Awaited Changes for H-4 and L-2 Spouse Work Authorization

Nilan Johnson Lewis PA on

Spouses of H-1B and L-1 workers have long faced protracted delays by the U.S. Citizenship & Immigration Services (USCIS) in processing their work authorization (EAD) renewals. The wait has sometimes exceeded more than a...more

Baker Donelson

National Interest Exception Applications for International Business Travelers on the Rise

Baker Donelson on

With the COVID-19 pandemic easing, Baker Donelson's Business Immigration Team is seeing an increase in demand for U.S. employer-based employment visas. However, even as we have been obtaining employment visa petition...more

Dickinson Wright

THE PERM PUZZLE: Putting the Pieces Together Toward a Successful Labor Certification Process

Dickinson Wright on

Introduction - The Perm Labor Certification process can be described as various pieces of a puzzle being identified and carefully positioned, with the end goal of forming a full picture in the smoothest and most efficient...more

Morgan Lewis

Proclamation Suspending US Admission of Various Nonimmigrants, Immigrants Extended to March 31, 2021

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US President Donald Trump has extended the entry ban on H-1B, H-2B, L-1, and specific J-1 statuses as well as certain immigrant entries through March 31, 2021. The original proclamations were set to expire on December 31,...more

Epstein Becker & Green

June 2020 Immigration Alert

USCIS Resumes Premium Processing - USCIS has announced here that beginning the month of June 2020, it will again start accepting certain petitions for premium processing.  Premium processing was indefinitely suspended as...more

Morgan Lewis

Federal Courts Halt New Public Charge Rule

Morgan Lewis on

The US District Court for the Southern District of New York on October 11 enjoined and halted enforcement of the new public charge rule that was due to become effective October 15, 2019. The court not only enjoined the US...more

Foley Hoag LLP

As an H-1B or L-1 Petitioner, Do I Need to Worry About the Export Control Rules?

Foley Hoag LLP on

Under U.S. Department of Commerce rules, the disclosure of technology to a foreign national (even if that individual is physically located in the United States or the disclosure occurs in the course of that individual’s...more

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

U.S. and Turkey Suspend Nonimmigrant Visa Services

On October 8, 2017, the U.S. Embassy in Ankara, Turkey, announced that it has suspended all nonimmigrant visa services at all U.S. diplomatic facilities in Turkey. “Recent events have forced the United States Government to...more

FordHarrison

Expansion of Interview Requirement for Green Card Applicants, and Rumors of Change in Travel Authorization for Green Card...

FordHarrison on

U.S. Citizenship and Immigration Services (USCIS) has announced the expansion of mandatory in-person interviewing of applicants for lawful permanent residence. In its public announcement, USCIS notes that this change complies...more

Dentons

Change in Government Process for "Advance Parole" Travel

Dentons on

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

Moore & Van Allen PLLC

Are you ready for summer travel?

Moore & Van Allen PLLC on

Vacation season is just around the corner. Whether you are a visa holder, tourist or U.S. permanent resident, organizing your travel documents is a critical part of international travel. Discovering an expired document too...more

Franczek P.C.

Buy American and Hire American and the H-1B Lottery

Franczek P.C. on

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American...more

Mintz

DHS Site Visits and Inspections — Be Prepared

Mintz on

From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees. These visits are funded by the $500 “anti-fraud”...more

Akin Gump Strauss Hauer & Feld LLP

What’s New in Washington: 10 Things You Need to Know

The Trump administration and Congress continue to take on a new shape. The Presidential Transition Team officially shut its U.S. General Services Administration office on February 28, 2017, and the remaining staff moved to...more

Littler

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

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