News & Analysis as of

Visas United States Citizenship and Immigration Services Immigration and Nationality Act

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

State Department Announces FY 2024 Visa Limits Have Been Reached for EB-1, EB-2, EB-3, EW, EB-4, and EB-5 Unreserved Categories

The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1, EB-2, EB-3, EW (other workers), EB-4, and EB-5 unreserved....more

Cozen O'Connor

Annual Limit Reached for All Immigrant Visa Categories for FY2024

Cozen O'Connor on

On Monday, September 9, 2024, the U.S. Department of State (DOS), working in close collaboration with U.S. Citizenship and Immigration Services (USCIS), announced publicly that all available immigrant visas in the...more

Seyfarth Shaw LLP

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

Seyfarth Shaw LLP on

On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

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

U.S. Employment-Based Immigration Year in Review: Many Changes Made, Many Changes Promised

Looking back at 2023, many of the employment-based immigration changes proposed and implemented by various U.S. government agencies focused on increasing efficiency and alleviating strain on our immigration system. ...more

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

January 2024 Visa Bulletin and Visa Number Availability for the Remainder of FY 2024

U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State have significant volumes of adjustment of status and immigrant visa applications in their inventories, limiting the supply of available...more

Nilan Johnson Lewis PA

Everything You Need for the 2025 Diversity Immigrant Visa Program (DV-2025)

Nilan Johnson Lewis PA on

At the beginning of each federal fiscal year (October), the Department of State conducts a lottery called the Diversity Immigrant Visa Program. If a person is selected, they are eligible to submit an application for permanent...more

Sherman & Howard L.L.C.

It’s Time to Plan for H-1B “Professional” Work Authorization Registrations!

The time is nearing when U.S. employers can once again register for an opportunity to get U.S. work authorization for foreign job candidates. The H-1B “professional” work authorization and related visa is much sought-after...more

Cozen O'Connor

USCIS Has Used Nearly All Available Employment-Based Immigrant Visas for FY2022

Cozen O'Connor on

On September 6, 2022, U.S. Citizenship and Immigration Services (USCIS) filed a Court Declaration indicating that the agency has used nearly all available employment-based (EB) immigrant visas for this fiscal year (ending...more

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

USCIS Updates O-1 Guidance With Focus on STEM-Related Government Grants

U.S. Citizenship and Immigration Services (USCIS) recently updated its policy guidance related to O-1A nonimmigrants of extraordinary ability in the science, technology, engineering, and mathematics (STEM) fields. Notably,...more

Tarter Krinsky & Drogin LLP

USCIS Announces 18-Month TPS Extension for Venezuelans; Eligibility Not Expanded

On July 11, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the extension of its current Temporary Protected Status (TPS) program for Venezuelans residing in the U.S. as of March 8, 2021. The 18-month...more

Miles & Stockbridge P.C.

J-1 Clinical Service Waiver for Foreign Medical Graduates

J-1 exchange visitors who received graduate medical education or training in the U.S. are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act (INA). This...more

Dorsey & Whitney LLP

I-140 Revocation by USCIS not Eligible for Federal Court Review

Dorsey & Whitney LLP on

On July 20, 2021, the U.S. Court of Appeals for the D.C. Circuit held that the Immigration and Nationality Act (“INA”) precludes court review of a decision by U.S. Citizenship and Immigration Services (“USCIS”) to revoke a...more

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

Harris Beach PLLC

USCIS Adds Further Uncertainty to Adjustment of Status Applications

Harris Beach PLLC on

On November 17, 2020, U.S. Citizenship & Immigration Services (USCIS) issued a Policy Alert, informing stakeholders of an update to its existing policy guidance in the USCIS Policy Manual regarding the discretionary factors...more

CDF Labor Law LLP

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program.  These rules sought to restrict access to H-1B visas by redefining the...more

Harris Beach PLLC

Radical Change to H-1B Lottery Process Proposed by Trump Administration

Harris Beach PLLC on

On November 2, 2020, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) to effectively end the random H-1B visa lottery selection process used when U.S. Citizenship and Immigration...more

Constangy, Brooks, Smith & Prophete, LLP

What You Need To Know About The October 2020 Visa Bulletin

The U.S. Department of State recently released its October 2020 Visa Bulletin reflecting an all-time high allocation of approximately 261,500 employment-based immigrant visas and signaling an unusually quick advancement of...more

Seyfarth Shaw LLP

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

Seyfarth Shaw LLP on

The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more

Epstein Becker & Green

December 2019 Immigration Alert

Epstein Becker & Green on

USCIS Announces Implementation of Its H-1B Electronic Registration Tool - After several months of vetting public commentary, U.S. Citizenship and Immigration Services (“USCIS”) will roll out its H-1B electronic...more

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

DHS Promulgates Public Charge Rule to “Promote Self-Sufficiency,” Penalize Reliance on Public Benefits

On August 14, 2019, the Department of Homeland Security (DHS) published the final version of its public charge rule in the Federal Register. According to a statement by DHS, the rule is intended to formalize the way in which...more

Dickinson Wright

Employment-based Immigrant Visa Availability—When to File to Adjust Status to Permanent Resident?

Dickinson Wright on

The Immigration and Nationality Act (“INA”) sets forth preference classes to which the yearly allotment of 140,000 employment-based immigrant visas (or “green cards”) are allocated. A new yearly allotment of...more

Dickinson Wright

J-1 Conrad Waivers: Should I Stay or Should I Go?

Dickinson Wright on

As another year of medical residency registration begins across the U.S., J-1 physicians in their final year of training find themselves at a critical crossroads: they can return to their respective home countries at the...more

Epstein Becker & Green

Special Immigration Alert - June 2018

U.S. Supreme Court Upholds Travel Ban - After many lawsuits and appeals, on June 27, 2018, the Supreme Court of the United States upheld the Trump administration’s September 24, 2017, travel ban of nationals from Iran,...more

Dickinson Wright

Survival in the Immigration Culture of Delay and Social Media Mining - Adjustment Interviews

Dickinson Wright on

With the recent change by U.S. Citizenship and Immigration Services (USCIS) to mandate in-person interviews for employment based adjustment cases along with changes to require the review of social media and to what...more

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