You may be disappointed if your candidate was not selected for an H-1B visa in the recent cap lottery – but not all hope is lost. If you employ foreign nationals, the good news is that you can explore certain short-term,...more
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
U.S. Citizenship and Immigration Services (USCIS) announced that it completed its annual H-1B cap lottery selection process for fiscal year (FY) 2026. Given the high number of lottery registrations and fixed number of...more
Across the Mountain West—Colorado, Idaho, Montana, New Mexico, Utah, and Wyoming—physician shortages are straining healthcare systems, particularly in rural and frontier communities. In response, state legislatures in the...more
By Samantha Wolfe The United States faces a critical shortage of healthcare professionals, particularly in rural areas. Hospitals, nursing homes, and clinics struggle to find qualified workers, leading to increased patient...more
The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more
In recent weeks, the Trump administration has issued significant executive orders concerning artificial intelligence (AI) that may influence immigration pathways for professionals in AI and related fields...more
The U.S. Department of State has unexpectedly updated Consular websites with revised eligibility requirements for Visa Interview Waiver (“dropbox”) appointments. Effective immediately, dropbox eligibility is limited to...more
As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity...more
The need for a modernization of the H-1B Program has been in the pipeline and in discussion throughout the Biden years, but only in the waning days of the administration did the Department of Homeland Security (DHS) issue...more
The H-1B cap registration and lottery for Fiscal Year 2026 is expected to begin in early March – only two months from now. Although the U.S. Citizenship and Immigration Services has not yet announced the exact registration...more
There are typically four key documents relating to nonimmigrant (i.e., temporary) travel to and authorized stay in the United States. It is important to understand what these documents are, what purpose they serve, and how...more
President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his...more
The H-1B is a work permit classification for those who work in Specialty Occupations, which are occupations for which specific university degrees, or related degrees, are required. These are very well-used by foreign students...more
This article is part of a monthly column that connects popular culture to hot-button labor and employment law issues. In this installment, we focus on the immigration challenges highlighted in the romantic comedy “The...more
Introduction: The United States has long been a beacon for immigrants, and the entrepreneurial spirit of immigrants has led the U.S. to be at the forefront of groundbreaking innovations in business, science, education,...more
U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual, Volume 6, Part F, Chapter 2, to further clarify the types of evidence that may be used when USCIS determines eligibility for the EB-1A...more
Unlike casual gaming, esports involves professional players, structured tournaments, and often large audiences, both online and in-person, akin to traditional sports events. With its own ecosystem of leagues, sponsors, and...more
On April 1, 2024, pursuant a final DHS rule, the immigration agency USCIS changed its premium processing time for certain immigration petitions from 15 calendar days to 15 business days. This is the same rule that increased...more
In recent years, the landscape for high-skilled immigration to the United States has seen significant changes, particularly with the rise in approvals for O-1A visas and National Interest Waivers (NIW). This rise follows the...more
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
Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more
The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more
U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more
In just two weeks, on April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) will implement its new filing fee structure. The new fees will vary by visa type with exceptions for small employers and non-profit...more