News & Analysis as of

Science Technology Engineering Math O-1 Aliens of Extraordinary Ability

Dorsey & Whitney LLP

Alternative Options for Foreign National Employees Not Selected in USCIS’ FY 2025 H-1B Registration Lottery

Dorsey & Whitney LLP on

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

Holland & Knight LLP

Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

Holland & Knight LLP on

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

Jackson Lewis P.C.

Bolstering the Semiconductors CHIPS Act With Foreign STEM Workers

Jackson Lewis P.C. on

The nation’s semiconductor chip shortage has far-reaching implications for industries ranging from consumer electronics to national security. The Creating Helpful Incentives to Produce Semiconductors for America Act (CHIPS...more

Jackson Lewis P.C.

New USCIS Guidance for Evaluating Extraordinary Ability, Outstanding Professor, Researcher Visa Classifications

Jackson Lewis P.C. on

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual (PM) to provide guidance to USCIS officers on evaluating eligibility criteria for the EB-1A (extraordinary ability) and EB-1B (outstanding...more

Jackson Lewis P.C.

Manufacturing Workforce Shortage: Strategies to Overcome the Skills Gap, H-1B Visa Shortage

Jackson Lewis P.C. on

Years ago, people employed in manufacturing were seen as bit players in an industrial machine, but no longer. Many manufacturing jobs today require high-level STEM (science, technology, engineering, and math) skills. ...more

Holland & Knight LLP

Not Selected in the H-1B Lottery? Now What?

Holland & Knight LLP on

Each year in March, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to award H-1B slots to enough foreign workers to meet its 85,000 visa annual cap. This number includes 20,000 slots reserved for...more

Dentons

Updated Guidance on O-1s Provides Helpful Reality Check

Dentons on

Employers are experiencing incredible challenges recruiting for all types of jobs. Recruiting for that special “make or break” position – often for a C-suite, technology innovator, or creative – has always been tough. U.S....more

Jackson Lewis P.C.

Five U.S. Immigration Law Trends to Watch in 2022

Jackson Lewis P.C. on

A series of significant developments in U.S. immigration law has already marked the beginning of 2022 and more can be expected. In January, the Biden Administration unveiled a series of policies aimed at attracting and...more

Dentons

Updated Guidance: National Interest Waivers for Advanced STEM Degree Holders

Dentons on

Obtaining a “green card” usually requires the sponsorship of a close U.S. family member or U.S. employer. In the employment context, the default process is a specific employer testing the labor market for a specific job to be...more

Jackson Lewis P.C.

O-1 and EB-1 Visa Adjudication Following USCIS Change

Jackson Lewis P.C. on

USCIS has increased the evidentiary burden for petitions for the O-1 Extraordinary Ability visa to mirror that for the EB-1 Extraordinary Ability visa. Both the O-1 nonimmigrant and EB-1 immigrant visa classifications...more

Jackson Lewis P.C.

O-1 Visas Abound: USCIS Provides Detailed Guidance on O-1 Visa Eligibility

Jackson Lewis P.C. on

USCIS’s new guidance for O-1 petitions provides a detailed overview of the different O-1 classifications: O-1A, O-1B Arts, and O-1B Motion Picture and Television (“MPTV”). The guidance also provides detailed standards for...more

Baker Donelson

USCIS Announces New Guidance for National Interest Waiver, O-1 Extraordinary Ability Applicants

Baker Donelson on

On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) issued two policy alerts, a National Interest Waiver alert and an O-1 alert, detailing welcome changes to the agency's online Policy Manual, which it has...more

Morgan Lewis

Biden-Harris Administration Announces Policy Changes to Assist Foreign Nationals in STEM Fields

Morgan Lewis on

In an effort to attract global talent to strengthen the economy, the Biden-Harris administration recently announced several immigration policy expansions geared towards students in Science, Technology, Engineering, and...more

Gibney Anthony & Flaherty, LLP

Biden Administration Announces Expansion of Immigration Policies to Benefit STEM Students, Scholars and Researchers

The Biden-Harris Administration announced an expansion of immigration policies to benefit Science, Technology, Engineering, and Mathematics (STEM) degree students and graduates, in a stated effort to strengthen the U.S....more

UB Greensfelder LLP

The White House Announces Immigration Actions to Attract STEM Talent and Update O-1 “Extraordinary Ability” and National Interest...

UB Greensfelder LLP on

The Departments of State and Homeland Security announced today new immigration actions to expand opportunities for foreign STEM scholars, students, researchers, and experts and the U.S. businesses that seek to employ them, as...more

Foley & Lardner LLP

H-1B Registration Not Selected? Here are Other Options for Seeking Temporary Employment Authorization

Foley & Lardner LLP on

U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), has just closed its annual H-1B registration, and employers are anxiously awaiting news on whether USCIS has selected...more

Epstein Becker & Green

June 2020 Immigration Alert

USCIS Resumes Premium Processing - USCIS has announced here that beginning the month of June 2020, it will again start accepting certain petitions for premium processing.  Premium processing was indefinitely suspended as...more

ArentFox Schiff

President Trump Suspends Certain Chinese Post-Graduate Students from US Studies and Research

ArentFox Schiff on

On Friday, May 29, 2020, President Trump issued a proclamation, effective Monday, June 1, 2020, suspending indefinitely the entry into the US of certain Chinese students and researchers. To be barred from entry, the...more

Harris Beach PLLC

It’s H-1B Cap Season and the Tech Corridor is Full of Anxious Skilled Workers

Harris Beach PLLC on

It's March and here we are in the middle of another H-1B cap season. So I did what I do almost every day this time of year: I got up to head in to the office. But first I went for a run to clear my head. It is Saturday. It is...more

Foster Garvey PC

Alternative Strategies for Rejected FY19 H-1B’s

Foster Garvey PC on

U.S. Citizenship and Immigration Services (“USCIS”) has started returning H-1B petitions to employers whose cases were not selected in the recent H-1B lottery selection process. The USCIS reported that a total of 195,000 H-1B...more

Franczek P.C.

Buy American and Hire American and the H-1B Lottery

Franczek P.C. on

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American...more

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

When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and...more

Jackson Walker

Temporary Non-Immigrant Visas: Beyond The Basics

Jackson Walker on

Foreign nationals must meet the regulatory requirements for admission into the U.S. in nonimmigrant status. The purpose of this paper is to provide the Top 10 things to consider with respect to the most common nonimmigrant...more

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