News & Analysis as of September 20, 2024

United States Citizenship and Immigration Services › Proposed Regulation

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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 -

New Proposed H-1B Regulations and Stateside Visa Renewals – November 2023 Update

Tarter Krinsky & Drogin LLP on 11/10/2023

Significant modifications to the H-1B visa program are expected to be implemented by the Department of Homeland Security. The agency issued a Notice of Proposed Rulemaking (NPR) that would “modernize the H-1B specialty...more

Proposed Rulemaking on H-1B Modernization

Seyfarth Shaw LLP on 10/25/2023

On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

DHS Publishes Proposed H-1B Regulations

Mintz - Immigration Viewpoints on 10/24/2023

On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more

Potential Changes Coming to the H-1B Program

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/27/2023

On September 19, 2023, U.S. Citizenship and Immigration Services (USCIS) submitted proposed regulations for federal review entitled “Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program.”...more

Beltway Buzz - August 2021 #3

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/30/2021

Democrats Begin Process of Enacting Administration’s Domestic Goals. It took some good old-fashioned politicking, but earlier this week the U.S. House of Representatives approved a $3.5 trillion budget resolution that...more

Biden Administration Revives International Entrepreneur Parole Program; Plus a Look at Other Investment-Based Visa Options

Harris Beach PLLC on 6/9/2021

Last month, the Department of Homeland Security announced that it was withdrawing a 2018 proposal to remove the International Entrepreneur (IE) Parole program from DHS regulations, effectively confirming to the public that...more

The H-1B Cap Lottery May Change To Favor The Highest Paid Foreign Nationals

Constangy, Brooks, Smith & Prophete, LLP on 11/5/2020

On Monday, the U.S. Department of Homeland Security issued proposed regulations that would amend the H-1B cap registration selection process by replacing the current random process with one based on wage levels. The proposed...more

October 2019 Immigration Alert

Epstein Becker & Green on 10/11/2019

USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more

DHS Spring Regulatory Agenda Projects Changes to H-1B Visas, the Rescission of H-4 Work Authorization, Increased Fees, and More

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/13/2019

The Department of Homeland Security (DHS) has released its spring 2019 regulatory agenda, highlighting the agency’s rulemaking priorities through 2019. While many of the agenda items appear to be carryovers from agendas past,...more

Recent Proposed Regulations and Legislation for the EB-5 Program

Saul Ewing LLP on 3/14/2019

Recent Proposed Regulations - Recently, USCIS has sent new regulations related to the EB-5 Program to the Office of Management Budget ("OMB"). Thereafter, the proposed regulations would then be sent to the General...more

U.S. Department of Homeland Security Proposes Changes To The H-1B Work Visa Program

Laner Muchin, Ltd. on 12/20/2018

On November 30, 2018, the U.S. Department of Homeland Security (DHS) announced a notice of proposed rulemaking that seeks to make significant changes to H-1B cap petitions, commonly known as the H-1B Visa Lottery....more

The Pre-Registration System For H-1 Cap Filings – A Losing Race to April 1, 2019?

Proskauer Rose LLP on 12/14/2018

Will thousands of H-1 cap petitions be received by USCIS Service Centers on Monday, April 1, 2019, or will online pre-registrations during the month of March make Monday, April 1 a quiet day at USCIS?...more

December 2018 Special Immigration Alert

Epstein Becker & Green on 12/13/2018

USCIS Proposes New Registration Requirement to File H-1B Cap Petitions for Fiscal Year 2020 and Reverses Order of H-1B Cap Lottery - On December 3, 2018, U.S. Citizenship and Immigration Services (“USICS”) proposed new...more

USCIS Announces Proposed Rule for H-1B Pre-Registration - Fundamental Changes to H-1B Lottery System Expected

Polsinelli on 12/5/2018

On November 30, 2018, the United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) announced a notice of proposed rulemaking in the Federal Register entitled “Registration...more

USCIS to Implement a Registration System for H-1B Cap Filings and Other Developments

Kramer Levin Naftalis & Frankel LLP on 12/5/2018

USCIS to Implement a Registration System for H-1B Cap Filings On Monday, Dec. 3, U.S. Citizenship and Immigration Services (USCIS) issued a proposed regulatory rule to establish an electronic registration program for...more

DHS Releases Ambitious 2018 Regulatory Agenda

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/26/2018

The Department of Homeland Security (DHS) released its fall 2018 regulatory agenda, laying out its rulemaking goals through 2019. The published timeline is aspirational and does not represent a strict schedule....more

Who is Eligible for Parole Under the International Entrepreneur Rule?

Shumaker, Loop & Kendrick, LLP on 9/21/2016

Last month, U.S. Immigration and Citizenship Services (USCIS) announced a proposed rule that would allow certain international entrepreneurs to enter the U.S. for a period of up to two years so that they could start or scale...more

New Immigration Rule to Welcome Start-Up Foreign Entrepreneurs

Dorsey & Whitney LLP on 9/1/2016

Following up on President Obama’s proposal to acknowledge the global marketplace of ideas and leverage current immigration law to encourage entrepreneurship and economic growth, the U.S. Citizenship and Immigration Service...more

DHS Proposes To Raise Filing Fees By 21%

Cozen O'Connor on 5/7/2016

In a proposed rule published in the May 4 Federal Register, DHS is proposing to raise its fees by an average of 21% to recover the full cost of USCIS operations. DHS is also proposing to establish a three-level fee for...more

Immigration Corner: January 2016

Baker Donelson on 1/16/2016

On December 31, 2015, United States Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register in furtherance of President Obama’s executive action to modernize, improve and clarify certain...more

USCIS Issues Major Proposed Rule on Employment-Based Immigration

Morgan Lewis on 1/11/2016

The Proposed Rule would implement provisions of the AC21 and introduce significant reforms to the employment-based immigration process. On New Year’s Eve 2015, US Citizenship and Immigration Services (USCIS) published a...more

DHS Proposes New Rule for Increased Job Flexibility: Part 1

Mintz - Immigration Viewpoints on 1/11/2016

On December 31st, the Department of Homeland Security issued a proposed rule addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants. The new rule proposes to amend...more

F-1 Optional Practical Training Proposed Rule Released; Work Authorization Expanded for STEM Students

Faegre Drinker Biddle & Reath LLP on 10/30/2015

The long-awaited proposed rule on F-1 Optional Practical Training (OPT) was published in the Federal Register on October 19, 2015, by the U.S. Department of Homeland Security (DHS). The proposed rule is titled “Improving and...more

You Down with OPT? DHS Proposes Longer Post-Graduate Work Authorization for STEM Graduates, with a Catch

Hinshaw & Culbertson LLP on 10/21/2015

Last week, the Department of Homeland Security (DHS) issued a proposed rule that would amend its F-1 nonimmigrant student visa regulations regarding optional practical training (OPT) for students with higher education degrees...more

Federal Court Vacates STEM Extension Program

Morgan Lewis on 8/31/2015

Current STEM OPT holders not affected until February 2016. A federal judge's ruling earlier this month invalidated the 17-month extension of optional practical training (OPT) for international students in the science,...more

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United States Citizenship and Immigration Services › Proposed Regulation

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