News & Analysis as of

United States Citizenship and Immigration Services Hiring & Firing F-1 Visa

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 -
Fisher Phillips

Didn’t Make the H-1B Cap? 11 Alternatives for Hiring Foreign Nationals

Fisher Phillips on

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

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

Seyfarth Shaw LLP

Navigating Delays: The F-1 STEM EAD Waiting Game Considerations for Employees and Employers

Seyfarth Shaw LLP on

Recent processing time trends at the U.S. Citizenship and Immigration Service (USCIS) are raising concerns for both Employers and F-1 visa holders relying on automatic extensions of work authorization while awaiting the...more

Akerman LLP - HR Defense

A Modern Approach: USCIS Proposes to Update the H-1B Program

Akerman LLP - HR Defense on

USCIS is proposing to modernize the H-1B visa program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity...more

Quarles & Brady LLP

DHS Proposes Rule to Modernize H-1B Program

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The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more

Dentons

H-1Bs – Caps, Gaps, and Status

Dentons on

Q: When can I start working in H-1B status? A: Registrants in the fiscal year (FY) 2024 lottery cannot begin employment until October 1, 2023....more

CDF Labor Law LLP

FY 2024 H-1B Lottery Registration Period Opens March 1

CDF Labor Law LLP on

Employers who recently hired F-1 foreign students and wish to continue to employ them beyond the one or three years of Optional Practical Training employment authorization should contact immigration counsel and start making a...more

Quarles & Brady LLP

Alternatives to H-1B Status for F-1 OPT Employees

Quarles & Brady LLP on

The H-1B lottery for Fiscal Year (FY) 2023 was conducted in March 2022. USCIS received 483,927 H-1B registrations and initially selected 127,600 registrations, which is the projected amount needed to reach the FY2023...more

CDF Labor Law LLP

Is the H-1B Visa a Viable Option for F-1 Students and Their Employers Anymore?

CDF Labor Law LLP on

An accounting firm hires a new graduate with a Bachelor of Science in Accounting degree from a local university for its audit team.  This new graduate is a foreign student utilizing the one-year Optional Practical Training...more

Quarles & Brady LLP

White House Announces Actions to Expand Opportunities to Attract Top STEM Talent

Quarles & Brady LLP on

On January 21, 2022, the White House released a fact sheet entitled “Biden-Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness,” announcing several immigration-related policy...more

FordHarrison

USCIS Gears up for the H-1B FY22 Cap Cycle

FordHarrison on

Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more

Stinson LLP

Fiscal Year 2022 H-1B Lottery Update

Stinson LLP on

Registration Dates Announced and Rule Prioritizing Selection of Highest Wage-Level Delayed - On February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the...more

Herbert Smith Freehills Kramer

USCIS Announces H-1B Electronic Registration Process for Upcoming Cap Season and Postpones Rule Prioritizing H-1B Cap Case...

U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal year 2022 H-1B cap (from which the annual H-1B lottery will be run). Registration begins at...more

Cozen O'Connor

FY2022 H-1B Cap Lottery Registration

Cozen O'Connor on

On Friday, February 5, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the FY2022 H-1B Cap Lottery will begin on March 9, 2021. ...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

Proskauer Rose LLP

Compliance with Immigration Related Requirements: More Guidance for completing Form I-9 During COVID-19

Proskauer Rose LLP on

Advice to U.S. Employers: Immigration Insights Series during COVID-19 Crisis - A Series of Advisories - Proskauer's Immigration Practice Group is advising clients on an array of challenges as companies find it...more

Morgan Lewis

Keep Immigration Requirements in Mind When Preparing Coronavirus Response Plans

Morgan Lewis on

As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more

FordHarrison

New Registration Process for FY 2021 H-1B Filing Season

FordHarrison on

A new federal rule has created a new electronic registration process for the annual H-1B lottery. The new electronic registration system will significantly change the sequence of the H-1B lottery. There will no longer be a...more

Sheppard Mullin Richter & Hampton LLP

U.S. Visas – A Pocket Guide for Employers and Entrepreneurs

Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more

Herbert Smith Freehills Kramer

USCIS to Implement H-1B Registration Process for Upcoming Cap Season

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that an H-1B cap registration system (from which the annual H-1B lottery will be run) will be implemented for the upcoming fiscal year 2021 H-1B cap...more

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

Now We Wait: What to Keep in Mind After Filing an H-1B Petition With USCIS

U.S. Citizenship and Immigration Services (USCIS) has completed the selection process for H-1B cap subject petitions filed for fiscal year (FY) 2020. On April 10, 2019, the agency ran computerized lotteries for both regular...more

Akerman LLP - HR Defense

USCIS Introduces Two-Phased Approach to Premium Processing for FY 2020 H-1B Cap Cases

As of April 1, 2019, U.S. employers requesting a change of status for H-1B hopefuls should request Premium Processing by concurrently filing visa petitions with Form I-907...more

Epstein Becker & Green

USCIS Announces Premium Processing Eligibility for Specific Types of Fiscal Year 2020 H-1B Cap Petition Filings

Epstein Becker & Green on

On March 19, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that it will accept premium processing requests (i.e., Form I-907, Request for Premium Processing Service) for fiscal year (“FY”) 2020 H-1B cap...more

Moore & Van Allen PLLC

Preparing for the 2019 H-1B cap season

Moore & Van Allen PLLC on

On April 1, 2019, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2019 (FY2020). Due to the high demand for H-1B visas and newly proposed rulemaking for cap-subject...more

Akerman LLP - HR Defense

Waitlisted: U.S. Employers Face Longer Delays for Hiring H-1B Workers

For employers, the extended suspension of Premium Processing will mean postponed start-dates for H-1B workers well beyond the expected October 1 annual start date. ...more

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