News & Analysis as of

Visas United States Citizenship and Immigration Services

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.

US Department of State Releases February 2018 Visa Bulletin

by Morgan Lewis on

The cutoff dates for China EB-3 show significant advancement. The US Department of State has released its February 2018 Visa Bulletin, setting out per-country priority date cutoffs that regulate immigrant visa availability...more

Interagency Cooperation: Raising the Bar for Immigration Compliance

by Dickinson Wright on

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) should again be open for business for a flood of H-1B petition filings, which are subject to the annual cap. Employers are required to pay the higher of the...more

What A Government Shutdown Would Mean For Employers

by Fisher Phillips on

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more

Time to Think About the H-1B Cap Season and Your Employment Needs

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of Oct. 1, 2018....more

Is DACA Really Back? Yes, DACA is Back! Immediate Action is Necessary to Preserve DACA Privileges.

Following last week’s temporary federal court order stopping the Trump Administration from ending the Deferred Action for Childhood Arrivals (DACA) pending the outcome of the underlying litigation, United States Citizenship &...more

Immigration Weekly Round-Up: White House Immigration Meeting Ends in Expletives, Visa Extensions for Skilled Immigrants Expected...

After a holiday break, the Weekly Round-Up is back, and just in time for a week in which immigration news filled the headlines. White House Immigration Meeting Ends in Vulgarity - On Thursday, Congressional Democrats...more

USCIS Clarifies Position on AC21 H-1B Extensions

by Moore & Van Allen PLLC on

Last week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21)....more

Are You Ready For H-1B Cap Season?

by Moore & Van Allen PLLC on

On April 1, 2018, USCIS will begin accepting cap subject H-1B 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 employees who require...more

H-1B Filing Season Is Here

by Morgan Lewis on

Now is the time for employers to assess their FY2019 H-1B needs and start preparing their petitions for submission on April 2....more

Government Not Ending H-1B Extensions, USCIS Says

by Jackson Lewis P.C. on

Reports about the possible elimination of AC-21 extensions (for H-1B workers awaiting green cards) are now being denied by the government. The USCIS is attempting to quell fears caused by rumors that the Administration would...more

School Districts Gearing Up for 2018-2019 Hires with Special H-1B Rule

by McNair Law Firm, P.A. on

While students across the country are heading back to finish the school year, school districts are already preparing to hire teachers for the next academic term. Districts are suffering from a nationwide teaching shortage and...more

Rumored Changes To The H Visa Category

by Dickinson Wright on

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

Immigration Fact and Fiction for the U.S. Employer: H-1 Extensions for Applicants for Permanent Residence are Alive and Well

I guess it is not a surprise, there was another information leak. This time the leak was from USCIS, perhaps an accident or perhaps not. Is is true or is it fake news that a regulation would be proposed limiting, at least in...more

Trump Administration Rumored to Be Looking at H-1B Extensions Under AC21

Recently, we have seen several news stories discussing a rumored government proposal to eliminate H-1B extensions beyond the standard six-year limit. No such action has yet been taken, and to date H-1B visa holders may...more

The Uncertainty of the Future of H-1B Visas Deepens

by Williams Mullen on

As part of President Trump’s “Buy American, Hire American” initiative, the Department of Homeland Security (DHS) is reportedly considering new regulations that would eliminate the ability of certain H-1B workers who are in...more

Time to Plan for Fiscal Year 2019 H-1B Cap Season

by Miller Canfield on

H-1B petitions subject to the Fiscal Year 2019 cap (FY 2019) must be received by U.S. Citizenship and Immigration Services (USCIS) during the first five days of April 2018. As April 1 falls on a Sunday in 2018, employers...more

Department of Homeland Security Plans to End Employment Eligibility of Spouses of Highly Skilled Foreign Workers

For years, the spouses of highly skilled foreign workers holding visas under the H-1B program weren’t authorized to work in the United States, absent separate approval through a separate program. However, in 2015, the...more

Possible Changes to H-1B Extension Rules and Their Potential Implications

by Littler on

According to a news report, the Department of Homeland Security (DHS) is considering ending the ability to extend H-1B visas beyond the six-year limit of authorized stay. ...more

Ugly Rumors

by Fox Rothschild LLP on

The American Competitiveness in the Twenty First Century Act of 2000 (AC21) has provisions that extend H-1B visas beyond the 6–year limit for those in the process of becoming US lawful permanent residents. AC21’s Section...more

Are Changes Coming to the H-1B Program?

by Davis Brown Law Firm on

The H-1B temporary work visa program has been the focus of much speculation lately. Recent news reports have claimed that the Trump Administration is planning major changes to the program in 2018. ...more

H-1B Visa Applicants: USCIS Accepting Petitions April 2, 2018. Do Not Wait Until the Last Minute.

Starting April 2, 2018, United States Citizenship & Immigration Services (USCIS) will accept new H-1B Quota Based Visa Petitions for the 2019 Fiscal Year, for an employment start date of October 1, 2018....more

Seismic Business Immigration Policy Shift in the Works for 2018

by Foley Hoag LLP on

New changes to H-1B Lottery; H-4 EADs on the chopping block; AC 21 H-1B extensions in trouble; and how to plan for it all - Changes to the H-1B Program and the H-1B Visa Lottery - The Department of Homeland Security...more

The Narrowing Of The NAFTA Visa Category For Canadian And Mexican Citizens Classified As Economist - A Warning Shot To Employers

On December 20, 2017, U.S. Citizenship and Immigration Services (USCIS) publicized a policy memorandum it originally released on November 20, 2017, narrowing the scope of those eligible for the TN Economist visa...more

USCIS to Rescind Work Authorization Rule for H-4 Spouses

On December 14, 2017, the Department of Homeland Security announced that it is preparing proposed regulations eliminating United States work authorization for certain holders of H-4 visas, a derivative visa classification...more

Employment Authorization Benefits for H-4 Spouses at Risk

by McNair Law Firm, P.A. on

Qualifying dependent spouses of certain H-1B visa holders (H-4 spouse) have enjoyed the benefits of applying for work authorization since 2015 when the United States Citizenship and Immigration Services (USCIS) implemented a...more

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