News & Analysis as of September 24, 2024

Immigration and Nationality Act

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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 -

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

Seyfarth Shaw LLP on 9/12/2024

On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

Energy, Infrastructure, Domestic Manufacturing: Immigration System to Meet Labor Needs

Jackson Lewis P.C. on 9/14/2023

As the United States carries out projects funded by the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act, the manufacturing...more

It’s Time to Plan for H-1B “Professional” Work Authorization Registrations!

Sherman & Howard L.L.C. on 1/20/2023

The time is nearing when U.S. employers can once again register for an opportunity to get U.S. work authorization for foreign job candidates. The H-1B “professional” work authorization and related visa is much sought-after...more

Citizenship and Immigration Services Updates Policy on Unlawful Presence Bars

Harris Beach PLLC on 9/2/2022

On June 24, 2022, U.S. Citizenship and Immigration Services issued new guidance in its Policy Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA). The new guidance clarifies that...more

Conrad 30 State Waiver for Physicians: Extenuating Circumstances Transfer

Harris Beach PLLC on 7/28/2022

The Conrad 30 State Waiver Program is designed for international medical graduates (IMGs) who have entered the U.S. in a J-1 visa status to complete medical training and are subject to the two-year home residence requirement...more

J-1 Clinical Service Waiver for Foreign Medical Graduates

Miles & Stockbridge P.C. on 9/8/2021

J-1 exchange visitors who received graduate medical education or training in the U.S. are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act (INA). This...more

Trump Administration Midnight H-1B Changes Purport to Impose New Burdens on Staffing Firms, Service Providers, and Their Corporate...

Seyfarth Shaw LLP on 1/20/2021

In its waning hours, the Trump Administration announced comprehensive, burdensome changes to H-1B visa requirements for multiple firms across virtually all industries. Fortunately, however, the changes are set to detonate on...more

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on 12/3/2020

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on 12/3/2020

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on 12/2/2020

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program. These rules sought to restrict access to H-1B visas by redefining the...more

Radical Change to H-1B Lottery Process Proposed by Trump Administration

Harris Beach PLLC on 11/23/2020

On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the random H-1B visa lottery selection process used when U.S. Citizenship and Immigration...more

Proposed Rule Would Replace Duration Of Status Policies For International Students

Jackson Lewis P.C. on 9/28/2020

Foreign students soon may find themselves subject to new policies and processes regarding their status in the United States. U.S. Immigration and Customs Enforcement (ICE) has released for comment its proposed rule...more

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

Seyfarth Shaw LLP on 8/7/2020

The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more

December 2019 Immigration Alert

Epstein Becker & Green on 12/19/2019

USCIS Announces Implementation of Its H-1B Electronic Registration Tool - After several months of vetting public commentary, U.S. Citizenship and Immigration Services (“USCIS”) will roll out its H-1B electronic...more

Compliance News Flash

Arnall Golden Gregory LLP on 4/8/2019

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Special Immigration Alert - June 2018

Epstein Becker & Green on 7/2/2018

U.S. Supreme Court Upholds Travel Ban - After many lawsuits and appeals, on June 27, 2018, the Supreme Court of the United States upheld the Trump administration’s September 24, 2017, travel ban of nationals from Iran,...more

Web Exclusive - Alternate Reality: “Extreme Vetting” Of H-1B Work Visas

Fisher Phillips on 6/11/2018

To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more

Update: President Trump's Revised Executive Order on Travel Ban Remains Blocked

Clark Hill PLC on 6/23/2017

On June 12, 2017, the Ninth Circuit issued its ruling in Hawaii v. Trump, upholding the majority of the district court's preliminary injunction prohibiting the government from implementing the "travel ban" and refugee cap...more

USCIS and U.S. DOJ Signal Efforts to Tighten Control Over the H-1B Visa Program

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/6/2017

United States Citizenship and Immigration Services (USCIS) and the Immigrant and Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division (DOJ-IER) issued statements signaling their cooperation with...more

CIS Announces New Rule Impacting Employment-based Nonimmigrants and Immigrants

Moore & Van Allen PLLC on 12/5/2016

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...

Seyfarth Shaw LLP on 12/5/2016

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

September 2016 Special Immigration Alert

Epstein Becker & Green on 9/27/2016

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

DOL Clarifies When an Employer’s LCA Wage Obligations Cease to Terminated Workers Who Obtain Subsequent Approved H-1B Employment

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/30/2015

On December 22, 2014, the U.S. Department of Labor’s (DOL) Administrative Review Board (ARB) issued an important Final Order and Decision clarifying precisely when an H-1B employer’s Labor Condition Application (LCA) back pay...more

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