The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional positions. Most H-1B visas are subject to an annual quota or “cap.” Because demand exceeds the number of available visas,...more
The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a...more
In an era of increasing global competition for highly skilled professionals, U.S. employers often face challenges in recruiting and retaining top talent. The National Interest Waiver (NIW) is a special provision under the...more
The Diversity Visa (DV) Lottery program, administered by the U.S. Department of State, allocates up to 55,000 immigrant visas annually through a random selection process from countries with low rates of immigration to the...more
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
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
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
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
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
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
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
On April 30, 2021, the Biden Administration issued a Presidential Proclamation suspending the entry of certain foreign national travelers who have been physically present in India during the 14-day period preceding their...more
On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was originally set to expire...more
On January 25, 2021, Presidential Proclamation (PP) 10143 extended PP 9993, which had suspended certain travel from those physically present in the Schengen Area and other countries since March 2020. PP 10143 restricts entry...more
On December 27, 2016, the AAO issued a decision that modifies the standards for granting a National Interest Waiver (NIW) in Matter of Dhanasar. This decision will impact thousands of applicants seeking U.S. permanent...more