On April 10, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert advising that it has adopted the Department of Labor’s (DOL) regulatory definition of “Science or Art” for Schedule A, Group II cases....more
On December 13, 2023, United States Citizenship and Immigration Services (“USCIS”) announced that it reached the requisite number of H-1B Cap petitions and stopped making further selections for Fiscal Year 2024. Fiscal...more
With limited immigration options to obtain work authorization in the U.S., intercompany transferee (L-1) work authorization is a strategy used by companies operating throughout Canada and abroad to send key workers to the...more
In response to President Biden’s executive order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” U.S. Citizenship and Immigration Services (USCIS)...more
Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more
Effective October 2, 2020 employers and immigrant workers can expect changes when filing employment-based petitions with U.S. Citizenship and Immigration Services (USCIS). Employers will see higher government filing fees,...more
A new federal rule has created a new electronic registration process for the annual H-1B lottery. The new electronic registration system will significantly change the sequence of the H-1B lottery. There will no longer be a...more
Last week, U.S. Citizenship and Immigration Services (USCIS) announced that an H-1B cap registration system (from which the annual H-1B lottery will be run) will be implemented for the upcoming fiscal year 2021 H-1B cap...more
As H-1B cap subject petition receipt notices begin to trickle in, and employers are being notified as to whether their foreign employees will obtain an H-1B visa this cap season, it is a necessity to think about other viable...more
USCIS has issued a policy memorandum designating the decision of the Administrative Appeals Office in Matter of G- Inc. as policy guidance that applies to and binds all USCIS employees....more
We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more
After four years of internal deliberations, U.S. Citizenship & Immigration Services (USCIS) recently issued a policy memorandum binding all USCIS personnel to follow the reasoning of a 2013 USCIS Administrative Appeals Office...more
Members of the American Immigration Lawyers Association (AILA) have reported that suspicious letters are being sent to L-1A executives. The scam letters claim to be from USCIS and signed by Lori Scialabba, Deputy Director of...more
The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more
The USCIS issued a Policy Memorandum adopting as binding a USCIS Administrative Appeals Office (AAO) non-precedent decision that provides guidance on evidence considered when determining whether a beneficiary qualifies as...more
On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program called “Known Employer” to streamline the process by which employers who sponsor foreign national workers send documents and...more
On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program intended to streamline the employment-based immigration process in certain visa categories. The program will modify the process U.S....more
On March 3, 2016, the U.S. Department of Homeland Security (DHS) announced its launch of the Known Employer Program, under which certain employers are eligible to use an online platform to submit information that can be used...more
Considerações estratégicas para profissionais e donos de empresas que desejam imigrar para os Estados Unidos. Descrição geral - Sou um advogado americano e concluí os cursos de espanhol e português na Academia...more
H-1B and L-1 petitions filed on or after Oct. 1, 2015, should not include the additional fee that was previously required by Section 402 of Public Law 111-230, as amended by Public Law 111-347, for certain H-1B and L-1...more
Since 2010, dependent employers have been required to pay an additional filing fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions. Dependent employers are those employers who employ 50 or...more
The EB-5 Visa program has been widely promoted as a legal basis for foreign business owners to gain conditional residency followed by permanent residency in the United States. The program is a great solution to the...more
Over the past three years, the L-1 Intracompany Transferee visa category has come under higher scrutiny from USCIS. Petitions for both L-1A Executive/Manager and L-1B Specialized Knowledge classifications continue to be...more