Another potential government shutdown may be on the horizon, as we await updates on the progress of the latest funding bill. Although already passed in the House of Representatives, an extension to continue funding the...more
Last week, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the Fiscal Year 2026 H-1B lottery will open at noon EST on March 7, 2025, and run through noon EST on March 24,...more
With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more
The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more
On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more
On September 30, 2023, President Joe Biden signed into law stopgap funding legislation that temporarily averted a government shutdown. The legislation, which passed the U.S. Congress with bipartisan support and extended...more
If Congress does not reach a budget agreement by September 30, 2023, the federal government will shut down October 1. Below is a brief overview of the potential immigration impact based on how government agencies operated...more
Employers in the automotive industry should be aware of the impact the United Auto Workers strike could have on its employees with immigration considerations. A federal government shutdown is also likely, which could impact...more
Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more
Annually, at the outset of the federal fiscal year, the U.S. Congress must reach an agreement to fund the federal government. If Congress cannot agree and pass the necessary appropriations bill, a partial government shutdown...more
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
A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...more
The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more
Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration: 1. Submission Deadline for FY2024 H-1B Cap Petitions - Employers should be reminded that the deadline to file a cap-subject...more
U.S. Citizenship and Immigration Services (“CIS”) is once again requiring employers that want to sponsor a worker for an H-1B visa - which is awarded to employees who possess highly specialized knowledge and a bachelor’s or...more
Employers seeking to sponsor candidates for initial H-1B sponsorship should note that the H-1B electronic registration dates have been announced by U.S. Citizenship and Immigration Services (USCIS). USCIS has announced that...more
Employers seeking to sponsor candidates for initial H-1B sponsorship (commonly known as "H-1B CAP") should begin preparing for the H-1B electronic registration process. Although the U.S. Citizenship and Immigrations Services...more
The H-1B “lottery” will soon be upon us. Here are some action steps employers seeking an H-1B visa can take now to prepare. H-1B Lottery Overview - The number of new H-1Bs available for most employers each year is...more
USCIS Will Increase Filing Fees as of October 2, 2020 - On July 31, 2020, the U.S. Citizenship and Immigration Service (“USCIS”) announced it will increase filing fees effective October 2, 2020. The fee increases will...more
Employers are facing issues related to their workforce to a degree never experienced before due to COVID-19, and it is critical for employers to protect themselves as they make decisions surrounding continuing business...more
Department of State Suspends Routine Visa Services - On March 20, 2020, in response to significant worldwide challenges related to the novel coronavirus (“COVID-19”) pandemic, the Department of State announced that routine...more
As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more
On January 31, 2019, U.S. Citizenship and Immigration Services (USCIS) issued a final rule making significant changes to the H-1B CAP lottery process. This rule added an electronic registration requirement for employers...more
Burnt into the psyche of all who have participated in the H-1 cap process was the April 1 deadline to file petitions. However, if the new USCIS protocol is implemented (and it seems that it is happening) April 1 will no...more
U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2021 (FY2021) in early 2020 with a new preregistration system being implemented starting March 1,...more