News & Analysis as of

United States Citizenship and Immigration Services Immigration

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 -
Gibney Anthony & Flaherty, LLP

EB-1 Immigrant Visa Category Unavailable After Reaching Annual Limit for FY 2024

The Department of State has confirmed that the annual limit for the EB-1 immigrant visa category has been reached for FY2024. Accordingly, no immigrant visas or green cards will be issued for the remainder of the fiscal year,...more

Sheppard Mullin Richter & Hampton LLP

Having Trouble Recruiting Physicians? The Conrad 30 Window is Opening Soon

The U.S. has long had a shortage of physicians in various practice areas. The shortage is even more pronounced in rural areas. International medical graduates (IMG’s) who come to the U.S. to complete a residency in a...more

Davis Wright Tremaine LLP

New Green Card Process for Noncitizen Spouses Through Parole-in-Place Program

A new immigration program will enable certain noncitizen spouses who lack valid status to obtain temporary permission to be in the United States while they pursue permanent legal status....more

Gibney Anthony & Flaherty, LLP

September 2024 Visa Bulletin Released

The Department of State released the September 2024 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. Most Employment-Based Categories will...more

Littler

New Executive Action to Provide Protections for Certain Noncitizen Spouses

Littler on

The Department of Homeland Security (DHS) announced that the agency will establish a new process to consider, on a case-by-case basis, requests from eligible noncitizen spouses of U.S. citizens for parole-in-place status. ...more

Davis Wright Tremaine LLP

Hidden Pitfalls in I-94s Threaten Foreign Worker Immigration Status Compliance

An immigration records change dating back two years has emerged as a significant concern for employers sponsoring foreign national workers. The Shift to Electronic I-94s and Immigration Overstay Issues - In 2022, U.S....more

Gibney Anthony & Flaherty, LLP

May 2024 Visa Bulletin Released

The Department of State released the May 2024 Visa Bulletin. USCIS will continue to accept employment-based Adjustment of Status applications based on the Final Action Dates chart. Most Employment-Based Categories will hold...more

Nilan Johnson Lewis PA

Department of Homeland Security Increases Automatic Extension Period for Certain Employment Authorization Documents from 180 Days...

Nilan Johnson Lewis PA on

On April 8, 2024, the Department of Homeland Security issued a Temporary Final Rule increasing the automatic extension period for expiring Employment Authorization Documents (EADs) of renewal applicants who have filed Form...more

Harris Beach PLLC

New Filing Fees and Subsistence Rates for H-2B and H-2A Visa Programs

Harris Beach PLLC on

There has recently been a flurry of new Federal Register notices issued by U. S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (USDOL) relating to fees and reimbursements for a myriad of visa...more

Mintz - Immigration Viewpoints

Update: USCIS Poised to Increase Immigration Filing Fees

On Monday, January 8, 2024, the White House Office of Information and Regulatory Affairs (OIRA) received the final rule outlining the increased fees for US Citizenship and Immigration Services (USCIS) filings. Normally, OIRA...more

Foley Hoag LLP

Department of State Announces Domestic Visa Renewal Pilot for Certain H-1B Visa Applicants

Foley Hoag LLP on

On December 21, 2023, the State Department announced a pilot program to resume domestic visa renewals for certain qualified H-1B nonimmigrant visa applicants. For the last 20 years, H-1B visa holders have been required to...more

Lippes Mathias LLP

Update on Delays in Obtaining U.S. Visas

Lippes Mathias LLP on

In the wake of the COVID-19 pandemic, obtaining a visa has never been more difficult in many jurisdictions. U.S. Department of State closures limited services across virtually all diplomatic posts worldwide—sometimes for a...more

Lippes Mathias LLP

L-1 Immigration Status: Are You Really an Executive, or Manager?

Lippes Mathias LLP on

With limited immigration options to obtain work authorization in the U.S., intercompany transferee (L-1) work authorization is a strategy used by companies operating throughout Canada and abroad to send key workers to the...more

Gibney Anthony & Flaherty, LLP

Immigration Impact of a Government Shutdown

If Congress does not reach a budget agreement by September 30, 2023, the federal government will shut down October 1. Below is a brief overview of the potential immigration impact based on how government agencies operated...more

Estlund Law, P.A.

U.S.- Immigration agency updates guidelines for officials’ treatment of Red Notices (part 3 of 3)

Estlund Law, P.A. on

On September 29, 2023, the U.S. Immigration and Customs Enforcement (ICE) issued new agency-wide guidelines regarding how its employees will address cases in which Red Notices and Diffusions....more

Estlund Law, P.A.

U.S.- Immigration agency updates guidelines for officials’ treatment of Red Notices (part 2 of 3)

Estlund Law, P.A. on

On September 29, 2023, the U.S. Immigration and Customs Enforcement (ICE) issued new agency-wide guidelines regarding how its employees will address cases in which Red Notices and Diffusions....more

Estlund Law, P.A.

U.S.- Immigration agency updates guidelines for officials’ treatment of Red Notices (part 1 of 3)

Estlund Law, P.A. on

Today, the U.S. Immigration and Customs Enforcement (ICE) issued new agency-wide guidelines regarding how its employees will address situations in which Red Notices and Diffusions exist....more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Hinshaw & Culbertson - Employment Law...

How a Partial Government Shutdown Would Impact Employers and Business Immigration Services

U.S. Citizenship and Immigration Services - With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services....more

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights – August-September 2023

Second Round of H-1B Cap Registration Selection – United States Citizenship and Immigration Services (USCIS) conducted a second round of the H-1B cap lottery between July 28th and 31st for Fiscal Year (FY) 2024. The new...more

Perkins Coie

Form I-9 Inspection Requirement Compliance as COVID-19 Remote Verification Flexibility Sunsets

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The U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have announced that employers will have until August 30, 2023, to physically verify Form I-9 documentation that may have been...more

Harris Beach PLLC

Health Care Providers Turn to Immigration to Address Nursing Shortage

Harris Beach PLLC on

While the peak of the COVID pandemic may be behind us, the United States health care industry continues to deal with unprecedented staffing shortages, particularly when it comes to nurses. Even a cursory Google search brings...more

Moore & Van Allen PLLC

USCIS Agrees to Resume Processing H-4 and L-2 Dependent Applications with a Principal's Concurrently Filed Form I-129

Moore & Van Allen PLLC on

In response to a Lawsuit (Edakunni v. Mayorkas) filed on behalf of Spouses of H-1B and L-1 Visa Holders, USCIS has reached a settlement agreement which it will implement effective today, January 25, 2023....more

Snell & Wilmer

Immigration Alert: USCIS Says Continue To Use Current Form I-9 Past Expiration - Update

Snell & Wilmer on

United States Citizenship and Immigration Services (USCIS) announced that employers should continue to use the current Form I-9 for employment eligibility verification, even after the expiration date has passed. The current...more

Harris Beach PLLC

Immigration Not Yet a Perfect Answer to Nursing Shortage

Harris Beach PLLC on

Facing a severe nursing shortage, one option for the United States is immigration. But even though the federal government has given registered nurses a special designation which streamlines the employment-based permanent...more

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