News & Analysis as of

Visas H-1B

Follow this channel for insights, news, and commentary on a wide array of visa-related matters by leading immigration lawyers and law firms. Now more than ever; stay in the know.

It’s H-1B Lottery Season Again!

by Miles & Stockbridge P.C. on

While it’s holiday season for most of the world, in the immigration world December also marks the unofficial start of H-1B lottery season. Background on the H-1B Visa - The H-1B program allows employers in the United...more

Sixty-Day Grace Period for Nonimmigrant Workers after Loss of Employment

by Wilson Elser on

The U.S. Department of Homeland Security has promulgated a regulation affecting highly skilled foreign workers when they lose their jobs. The stated purpose of the regulation is to improve the ability of U.S. employers to...more

What's New In Washington - December 2017

December is often the busiest time in Washington, and this year is no different as Congress races toward the holiday finish line. There is still a multitude of problems to solve before members can head back to their...more

Immigration Weekly Round-Up: Immigration Arrests Rise, Senate Bill Ties DACA to Increased Border Enforcement, and Higher Scrutiny...

Immigration Arrests Increase While Deportations Decrease - On Tuesday, December 5, the Department of Homeland Security (DHS) released their year-end immigration enforcement numbers. Immigrations and Customs Enforcement...more

H-1B Filing Season 2018 Is Around The Corner And Sooner Than You Think!

by Tarter Krinsky & Drogin LLP on

On April 1, 2018, United States Citizenship and Immigration Services (USCIS) will begin accepting cap subject H-1B petitions for professional workers starting employment on October 1, 2018. In past years, the high demand for...more

'Tis the season...to prepare for H-1B filing

by Moore & Van Allen PLLC on

On April 1, 2018, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any...more

The New “90-Day Rule” Could Impact Holiday Travel by F-1 OPT Employees

by Epstein Becker & Green on

The U.S. Department of State (“DOS”) recently updated its Foreign Affairs Manual (“FAM”) guidance regarding what the agency perceives as “willful misrepresentations.” The guidance revises what was previously known as the...more

House Bill To Add Obligations For Employers Dependent On H-1B Visas Moves Forward

by Jackson Lewis P.C. on

A bi-partisan House panel has approved the “Protect and Grow American Jobs Act,” a bill that would change eligibility requirements for exemption from the standard Labor Condition Application (LCA) requirement for...more

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for Fiscal Year 2019 on April 2, 2018

U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2019 (FY 2019) starting April 2, 2018. Because April 1, 2018 falls on a Sunday, USCIS will accept...more

U.S. Citizenship Services Rescinds Former Deferential Policy Regarding Nonimmigrant Visa Petitions

U.S. Citizenship Services (USCIS) rescinded its long-honored policy guidelines that were instituted in April 2004, and were in effect until October 23, 2017 regarding giving deference to the adjudication of prior nonimmigrant...more

USCIS Formalizes Policy On Lack Of Deference To Previously Approved Petitions

by Jackson Lewis P.C. on

All I-129 petitions, whether initial requests or requests for extension of visa status, will be subject to the same level of scrutiny, USCIS has confirmed. The agency will no longer defer to the findings of a previously...more

H-1B Work Site Visits Expected To Increase: What Employers Need To Know

by Fox Rothschild LLP on

On October 20, 2017, the Department of Homeland Security Office of the Inspector General issued Report OIG-18-03, “USCIS Needs a Better Approach to Verify H-1B Visa Participants”, targeting fraud in immigration processes,...more

USCIS Reverses Policy on Temporary Visa Extensions

by Foley Hoag LLP on

On Monday, October 23, 2017, U.S. Citizenship and Immigration Services (USCIS) reversed a long-standing policy regarding non-immigrant extension petitions. Historically, as memorialized in an April 23, 2004 USCIS policy...more

Departments of Justice and State Announce Joint Effort Targeting Visa-Abusing Employers

The federal government’s intent to increase restrictions on legal and illegal immigration is no secret to any U.S. business. The Trump administration’s various proposals have included ones intended to deal with perceived...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

Are You Prepared? Recent U.S Immigration Law Changes that Will Impact Your Business

by BakerHostetler on

After some earlier versions that encountered significant resistance and judicial challenge, President Donald Trump issued a Proclamation on Sept. 24 that restricts travel to the United States by nationals of eight countries –...more

US Resumes Premium Processing for H1-B Visas

by Ronald Shapiro on

After premium processing of H-1B visas was temporarily suspended because of a large number of applications for work visas, the US is now resuming it. The H-1B visa is a work visa intended to allow companies in the US to...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

Trump Administration Plans Large Scale Shift in Immigration Laws

President Trump and the Department of Homeland Security (DHS) are now exploring different options to fundamentally transform the immigration system in the United States without legislative action by Congress, according to CNN...more

Business Immigration Update: October H-1B Reminders, Information on Employment-Based I-485 Interviews and Trump Administration...

by Faegre Baker Daniels on

October brings seasonal reminders for employees who are starting employment pursuant to H-1B status as well as some current changes to employment-based permanent resident applicants. In addition, the White House has issued...more

U.S. and Turkey Suspend Nonimmigrant Visa Services

On October 8, 2017, the U.S. Embassy in Ankara, Turkey, announced that it has suspended all nonimmigrant visa services at all U.S. diplomatic facilities in Turkey. “Recent events have forced the United States Government to...more

Beltway Buzz - October, 2017

Tax Reform Gets Under Way; Special Interest Groups Already Bustling.As soon as the Republican-controlled Congress cast aside (however momentarily) its attempts to repeal the Affordable Care Act (ACA) to focus on tax reform,...more

Timing is Everything

by Womble Bond Dickinson on

In immigration news, the U.S. Citizenship & Immigration Services (USCIS) announced on Tuesday, October 3, 2017 that it has resumed its premium processing program for all H-1B visa petitions. USCIS had previously suspended...more

Premium Processing for H-1Bs Resumes

by Davis Brown Law Firm on

Premium processing (expedited review by the government) has resumed as of October 3, 2017, for all H-1B petitions. If you are interested in using premium processing for a new or pending H-1B petition, please let us know. ...more

Premium Processing Resumed for all H-1B Petitions

by Moore & Van Allen PLLC on

USCIS announced that it has resumed premium processing for all H-1B visa petitions after a six month suspension of the program for these petitions. Over the past few months, USCIS has progressively re-opened premium...more

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