The National Interest Waiver (“NIW”) is a special provision within the EB-2 employment-based immigration category that allows individuals to bypass the usual labor certification process (“PERM”) required for most...more
America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more
Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic,...more
The U.S. Departments of Homeland Security (DHS) and State (DOS) announced in September that the agencies were expanding the list of Visa Waiver Program countries to include Israel, with a projected effective date of November...more
The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain...more
United States Citizenship and Immigration Services (“USCIS”) has issued updated guidance on the adjudication of National Interest Waivers (“NIW”) for petitioners holding advanced degrees in science, technology, engineering...more
U.S. Citizenship and Immigration Services (USCIS) updated last year its policy guidance about a specific type of employment-based, immigrant visa petition known as a National Interest Waiver (NIW), clarifying and possibly...more
A recent settlement with the class action lawsuit Edakunni v. Mayorkas now requires U.S. Citizenship & Immigration Services (USCIS) to review I-539 (status) and I-765 (work) applications for spouses and minor children of H-1B...more
On Thursday, January 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced it is implementing the final phase of its planned premium processing expansion for Form I-140, Immigrant Petition for Alien Workers,...more
Today, March 30, 2022, the Department of Homeland Security (DHS) published a final rule expanding premium processing for multinational managers, advanced degree holders seeking a national interest waiver, nonimmigrant...more
On January 21, 2022, the White House released a fact sheet entitled “Biden-Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness,” announcing several immigration-related policy...more
Earlier this month, the Biden administration reopened U.S. borders and ports-of-entry to all nonimmigrant international travelers (i.e. ESTA, H, L, F, O, E, and B visa holders) attempting to enter or reenter the U.S. With the...more
On October 25, 2021, President Biden issued a presidential proclamation revoking prior proclamations restricting country-by-country travel into the United States. The new proclamation, which took effect on November 8, 2021,...more
Effective November 8, 2021, the U.S. government has rescinded the much bemoaned geography-based travel restrictions and National Interest Exception (NIE) regime that was implemented through a series of Presidential...more
Prior COVID-19 Travel Bans Repealed as of November 8, 2021 - On October 25, 2021, President Biden announced the suspension of the COVID-19 travel bans from Brazil, China, India, Iran, Ireland, the Schengen Area, South...more
Beginning November 8, 2021, international travelers subject to CDC country-specific travel restrictions will be able to resume travel to the U.S. without applying for an exemption. The current travel restrictions apply to...more
On October 25, 2021, the White House issued a presidential proclamation revoking the following proclamations with country-specific COVID-19 travel restrictions: Proclamation 9984 (China); Proclamation 9992 (Iran);...more
As soon as the Biden administration announced it would ease travel restrictions in early November, my phone began ringing non-stop and email notifications started pinging like popcorn. If you work in Human Resources, you may...more
The Biden administration has announced that it will lift current regional pandemic-related travel restrictions on foreign nationals in early November. The current restrictions will be replaced by a Covid-19 vaccination...more
International travelers subject to the CDC travel restrictions will soon be able to resume travel to the U.S. without applying for an exemption. The current travel restrictions apply to certain travelers from China, Iran, the...more
The American Immigration Lawyers Association and various news outlets are reporting that, effective early November 2021, the Biden administration intends to: - Rescind the regional COVID-19 travel bans restricting travel...more
Resources - Federal Regulators Taking Aim at Anti-Competitive Employment Practices - Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. ...more
It appears that Presidential Proclamation 10143, which suspended direct travel to the U.S. from the Schengen countries, UK, Ireland, South Africa, Brazil, Iran, China and India will remain in place for the time being,...more
On July 6, 2021, the U.S. Department of State announced that National Interest Exceptions (NIEs) to presidential proclamations 9984, 9992, 10143 and 10199 will now be valid for 12 months from the date of approval and allow...more
The U.S. Department of State has extended the validity of National Interest Exceptions (NIEs) for travelers from China, Iran, India, Brazil, South Africa, the Schengen Area, Ireland and the United Kingdom whose admission to...more