News & Analysis as of

Non-Immigrant Visas

Jackson Lewis P.C.

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

Jackson Lewis P.C. on

The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more

Jackson Lewis P.C.

U.S. Embassy in Havana Restores Visa Services for 7 Work, Exchange Visas

Jackson Lewis P.C. on

The U.S. Embassy in Havana has expanded visa services to include some temporary non-immigrant visas. Cuban nationals with the following approved petitions will be able to schedule visa interviews at the Embassy:...more

Littler

USCIS Updates Guidance for F-1 Students on OPT and STEM OPT Eligibility

Littler on

The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical...more

Lippes Mathias LLP

Surrendering U.S. Citizenship: How it Can Help, How it Can Hurt

Lippes Mathias LLP on

U.S. citizenship is a privilege for many, but it can also be a burdensome and unwanted obligation for others. Some individuals find themselves to be U.S. citizens without wanting to be, such as if their parents...more

Dickinson Wright

Healthcare in Crisis: Exploring Immigration as a Vital Solution for the United States

Dickinson Wright on

Previously published in Healthcare News and Healthcare Michigan. A recent commentary offers a stark glimpse into future healthcare demands (Harris & Marshall, 2024). During the first two years of the pandemic, the U.S....more

Womble Bond Dickinson

What Is President Biden’s Affirmative Relief Announcement?

Womble Bond Dickinson on

On June 18, 2024, President Biden announced new pathways to legal immigration status for two groups: college-educated “Dreamers” and certain American family units....more

Lippes Mathias LLP

Canada’s Capital Gains Tax and the Exodus to the U.S.

Lippes Mathias LLP on

There may be a change coming to the way Canada taxes capital gains. While Prime Minister Justin Trudeau claims it will affect a minuscule percentage of Canadians, it has more than a minuscule percentage of Canadian taxpayers...more

Hinshaw & Culbertson - Employment Law...

Two Executive Actions by Biden Administration Seek to Provide Relief to Immigrant Families and Job-Seeking Dreamers

Yesterday, the Biden Administration announced a new immigration program in the United States aimed at promoting family unity. The program will allow some undocumented spouses and undocumented children of U.S. citizens to...more

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Lottery? There are Nonimmigrant Visa Options to Consider

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more

Dickinson Wright

USCIS Fee Rule Update: Avoiding Filing Rejections

Dickinson Wright on

The Final Rule published by United States Citizenship and Immigration Services (USCIS) adjusting certain immigration and naturalization benefit request fees went into effect on April 1, 2024. This Final Rule included the...more

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

U.S. Consular Operations in France Impacted by the 2024 Summer Olympics, 80th Anniversary of D-Day

Due to increased travel to France for the eightieth anniversary of D-Day and the 2024 Summer Olympic Games, the U.S. Department of State expects significant delays in visa processing in France in 2024. Individuals seeking to...more

Jackson Lewis P.C.

CBP Proposes Changes to Arrival and Departure Record, ESTA Systems

Jackson Lewis P.C. on

Since 2004, U.S. Customs and Border Protection (CBP) has been working on improving the systems used to document the entries and exits of nonimmigrants to and from the United States. There is no comprehensive easy-to-use...more

Dickinson Wright

The Stealth I-94 Dilemma – Determining Work Authorization Validity

Dickinson Wright on

The I-94 record, which determines the validity of a nonimmigrant’s status, often presents challenges that are not expected by the foreign national or their employer.   Unfortunately, the failure to be aware of the validity...more

Laner Muchin, Ltd.

Government Filing Fee Increases are Coming for Many Employment-Based Visa Categories

Laner Muchin, Ltd. on

The United States Citizenship and Immigration Services (USCIS) announced that it will be raising the filing fee amounts for many employment-based nonimmigrant visa categories, effective April 1, 2024....more

Dunlap Bennett & Ludwig PLLC

The New H-1B Visa Landscape: Opportunities And Changes In 2024

What is an H-1B visa? It may not sound super exciting, but if you are an employer in the tech industry, particularly the high-technology industry, then you know what these are. The H-1B visa is a non-immigrant visa that...more

Miles & Stockbridge P.C.

H-1B Cap FY 2025 - What You Need to Know

The Department of Homeland Security (DHS) announced Friday key changes to the H-1B lottery for Fiscal Year 2025, including a beneficiary-centric selection process for H–1B registrations; start-date flexibility for certain...more

FordHarrison

2024 Business Immigration Update

FordHarrison on

Executive Summary: Recent reports from the U.S. Department of State (DOS) make clear that American companies need foreign talent more than ever before, and...more

Miles & Stockbridge P.C.

USCIS Increasing Fees for Immigration Applications on April 1

The Department of Homeland Security published a final rule Jan. 31 adjusting the filing fees for applications for immigration benefits submitted to U.S. Citizenship and Immigration Services (USCIS). For most application types...more

Dickinson Wright

USCIS Fee Hikes Effective April 1 – 4 Key Takeaways for Employers

Dickinson Wright on

On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) published a Final Rule to announce new filing fees for immigration and naturalization benefit requests. The rule is set to take effect on April 1, 2024....more

Jackson Lewis P.C.

H-1B Update: New Rule Focuses on Beneficiary-Centric Improvements

Jackson Lewis P.C. on

USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process,...more

Holland & Hart - Employers' Lawyers

Navigating USCIS Policy Updates on Extensions of Stay and Change of Status Requests

On January 24, 2024, U.S. Citizenship and Immigration Services (USCIS) introduced significant changes regarding untimely filed requests for change of status or extension of stay for nonimmigrants, particularly under...more

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

USCIS Updates Policy on Untimely Filed Extensions of Stay and Change of Status Applications

U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual to clarify the circumstances under which the agency, in its discretion, may forgive a failure to timely file a nonimmigrant extension of stay or...more

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

USCIS Will Launch Organizational Accounts in February 2024

U.S. Citizenship and Immigration Services (USCIS) recently announced plans to introduce organizational accounts for H-1B fiscal year (FY) 2025 cap filings, H-1B non-cap filings, and associated premium processing requests on...more

Jackson Lewis P.C.

USCIS Final Rule Increasing Filing Fees Expected Soon

Jackson Lewis P.C. on

USCIS previously deferred its proposed filing fee increase until early 2024 – and the increase might be coming out very soon! This increase will come on top of the increased premium processing fees that will go into effect on...more

Stevens & Lee

H-1B Fiscal Year 2024 Cap Reached and What’s Next for Fiscal Year 2025

Stevens & Lee on

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

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