News & Analysis as of

United States Citizenship and Immigration Services H-1B Employment Authorization Documents (EAD)

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -

Are Changes Coming to the H-1B Program?

by Davis Brown Law Firm on

The H-1B temporary work visa program has been the focus of much speculation lately. Recent news reports have claimed that the Trump Administration is planning major changes to the program in 2018. ...more

Seismic Business Immigration Policy Shift in the Works for 2018

by Foley Hoag LLP on

New changes to H-1B Lottery; H-4 EADs on the chopping block; AC 21 H-1B extensions in trouble; and how to plan for it all - Changes to the H-1B Program and the H-1B Visa Lottery - The Department of Homeland Security...more

What’s New in Immigration Law?

by Dickinson Wright on

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

USCIS Denying Pending Advance Parole Applications

by Varnum LLP on

In a significant change to longstanding policy, U.S. Citizenship and Immigration Services (USCIS) recently began denying Advance Parole applications for abandonment when an applicant travels abroad while the application is...more

DHS Uses the Power of Policy to Alter Immigration Without Legislation

Efforts to reform our nation’s immigration system through legislation are frequently contentious and can become embroiled in larger legislative debates that make the passage of a bill into law a complicated process and,...more

USCIS Denying Pending Advance Parole Applications for Abandonment Due to International Travel

Advance Parole allows an individual to travel internationally during the pendency of an adjustment of status (AOS) application. Those individuals who hold a valid H or L visa also have the option of using that visa to travel...more

Return of Petitions Not Selected in the H-1B Lottery Triggers “Cap Gap” Considerations

United States Citizenship and Immigration Services (USCIS) announced on May 3, 2017, that data entry for the FY2018 H-1B visa lottery has been completed and that petitions not accepted under the lottery selection process will...more

Extending Work Authorization for Recent Graduate Working on OPT

Many of you are planning on filing Fiscal Year (FY) 2018 H-1B cap cases for recent graduates working for you on a post-degree completion Optional Practical Training (OPT) Employment Authorization Document (EAD). Those...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

by Mintz Levin on

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility valid to April 1, 2017 or later, and an H-1B filing on your behalf has been...more

USCIS Temporarily Suspends Premium Processing of H-1B Petitions

by FordHarrison on

USCIS has announced that it will temporarily suspend Premium Processing for all H-1B petitions, beginning April 3, 2017. The suspension will apply to all H-1B petitions, including new H-1B cases filed under the FY18 H-1B cap,...more

Mapping the Impact From USCIS’s Surprise Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it will temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The premium...more

Immigration Law Update: USCIS Publishes Final Rule, New AAO NIW Standard

by Clark Hill PLC on

On November 18, 2016, US Citizenship and Immigration Services (USCIS) published a final rule aimed at improving several aspects of certain employment-based immigrant and nonimmigrant visa programs. This rule codifies...more

Expansive New Rule for Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

by FordHarrison on

Effective yesterday, January 17, 2017, a new USCIS rule seeks to improve multiple employment-based temporary nonimmigrant and immigrant visa (“green card”) programs. The new regulations are designed to help U.S. employers...more

New USCIS Rule Amending Several Employment-Based and Nonimmigrant Visa Programs Will Take Effect on January 17, 2017

by Littler on

Beginning on January 17, 2017, the U.S. Department of Homeland Security (DHS) will implement a new rule that amends certain regulations relating to employment-based immigrant and nonimmigrant visa programs. The rule's goal...more

New USCIS Regulations To Retain High-Skilled Nonimmigrant Workers

by Dickinson Wright on

The US Citizenship and Immigration Services (“USCIS”) published new regulations effective January 17, 2017 which modernize and improve aspects of certain employment-based nonimmigrant and immigrant visa programs. The...more

High-Skilled Foreign Workers: Summary of Rule Changes Effective January 17, 2017

by Faegre Baker Daniels on

Starting January 17, 2017, the long-awaited regulations for high-skilled workers incorporating provisions of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and...more

New High-Skilled Worker Final Rule

by Wilson Elser on

U.S. Citizenship and Immigration Services has published a final rule - “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” - to improve employment-based,...more

Expansive Final Rule Affecting Employment-Based Immigrant and Nonimmigrant Visa Programs Published – good news for H-1B visa...

by Fox Rothschild LLP on

On November 18, 2016, US Department of Homeland Security (DHS) published a final rule to “improve aspects of certain employment-based nonimmigrant and immigrant visa programs.” This final rule also “amended regulations to...more

DHS Finalizes Rules on Immigrant and Non-Immigrant Visas

by Ronald Shapiro on

In November, the Department of Homeland Security (DHS) issued its final rules on the employment-based, non-immigrant and immigrant visa programs available in the United States. The changes were intended to make it easier for...more

CIS Announces New Rule Impacting Employment-based Nonimmigrants and Immigrants

by Moore & Van Allen PLLC on

USCIS has published a final rule focused on the retention of EB-1, EB-2, and EB-3 immigrant workers and the improvement of existing temporary visa programs for high-skilled nonimmigrant workers. The new rule takes effect on...more

Department of Homeland Security (DHS) Publishes Final Rule Improving Certain Employment-Based Immigrant and Nonimmigrant Visa...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers. On January 17, 2017, the Department of...more

A Closer Look at the USCIS Final Rule on High-Skilled Immigration

by Morgan Lewis on

On November 18, US Citizenship and Immigration Services (USCIS) published a final rule that significantly affects the ability of employers to employ and retain foreign national workers in the United States (Final Rule)....more

New Employment-Based Nonimmigrant and Immigrant Visa Regulation

by Cohen & Grigsby, P.C on

On November 18, 2016, the Department of Homeland Security (DHS) issued its Final Rule amending regulations related to certain employment-based immigrant and nonimmigrant visa programs. The new rule will take effect on January...more

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

by Bracewell LLP on

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs and to better enable U.S. employers to hire and retain certain foreign workers who...more

Long-Awaited DHS Regulation to Ease Job Portability Announced

by Morgan Lewis on

The final regulation, which will take effect on January 17, 2017, clarifies USCIS policies and improves job portability for highly skilled foreign workers....more

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