Demystifying Immigration Law
Nota Bene Episode 77: Labor, Employment, and Immigration in a Pandemic World with Kelly Hensley, Denise Giraudo, and Greg Berk
The United States offers arguably the best opportunities in the world for artists and musicians from every country to express their talents, including on stage, on screen, and in recorded performances. However, the U.S. also...more
After the United Auto Workers’ (UAW) labor contracts with the “Detroit Three” automakers expired on September 14, 2023, and the parties were not able to agree on new contract terms, the UAW began striking at targeted plants...more
A basketball player from the Dominican Republic could be the first prospective National Collegiate Athletic Association (NCAA) athlete to secure an O-1 temporary work visa for those with “extraordinary ability” in athletics...more
With the recent retrogression of employment-based priority dates for the EB-2 and EB-3 India and mainland China categories, many families with dependents nearing the age of twenty-one may be concerned about the impact...more
Attainment of an immigrant visa - colloquially known as a “Green Card” - is the ultimate goal for many foreign nationals temporarily residing in the U.S. Having a green card means finally doing away with frequent visa...more
On July 22, 2022, U.S. Citizenship and Immigration Services updated its Policy Manual to provide further guidance on evidence that can be used to support a petition for an O-1A nonimmigrant of extraordinary ability with a...more
After a challenging year for automotive and manufacturing employers due to COVID-19, employees are beginning to make a full return to the office. The same is true for government agencies charged with immigration compliance....more
On September 13, 2021, the U.S. Department of State issued the Visa Bulletin for October 2021, which showed minor advancement on priority for backlogged filings of employment-based (EB) immigrant visa (green card)...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
As of April 27, 2021, the Biden administration has reinstated a longstanding policy of U.S. Citizenship & Immigration Services (USCIS) that the Trump administration revoked in its first year. The reinstated policy, commonly...more
The United States Citizenship and Immigration Services (USCIS) announced through a court filing on May 3 that it will suspend biometrics requirement for several categories of work visa dependent status application, thereby...more
Deference is back! USCIS announced that, effective immediately, it will reinstate its 2004 policy of deferring to prior determinations of eligibility. Rescinded by the Trump administration, this policy directed officers...more
On February 24, 2021, USCIS announced it is adding I-129 petitions for E-3 status to the list of case types eligible for Premium Processing. The USCIS Premium Processing service allows petitioners to pay an additional filing...more
In a surprising and welcome development to U.S. employers, USCIS today announced that employers filing E-3 visa petitions on behalf of Australian nationals will have the option of requesting premium processing when requesting...more
H-1B cap filing season is fast approaching. U.S. employers who sponsor foreign workers for temporary H-1B work visas should start preparing now for the upcoming, new H-1B cap electronic registration commencing this year on...more
On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions blocking USCIS from enforcing the “new” Public Charge Rule in 18 states and the District of Columbia. The Court found the rule was...more
Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will...more
U.S. Citizenship and Immigration Services (USCIS) Ombudsman's office disclosed in an alert on July 21, 2020, that the agency was experiencing card production delays. The alert revealed that in June 2020, USCIS terminated a...more
President Trump has issued an Executive Order restricting foreign nationals from entering the US in various temporary work visa categories (H-1B, H-2B, L-1, and certain J-1 categories, restricting entry of family members...more
Reportedly, USCIS will soon announce the temporary furlough of the majority of its employees – 15,000 employees, or three-fourths of its workforce. The furloughs will begin in August 2020 if the agency does not receive...more
On March 20th, US Citizenship and Immigration Services (“USCIS”) announced the temporary suspension of premium processing for all Form I-129 and I-140 petitions, ostensibly due to the effects of the COVID-19 pandemic....more
On Friday, May 29, 2020, U.S. Citizenship and Immigration Services (USCIS) announced plans for the phased-in resumption of premium processing for eligible I-140 Immigrant Petition for Alien Worker petitions and eligible I-129...more
A bi-partisan group has introduced a new bill in both the House and the Senate that would make additional immigrant visas (green cards) available to doctors and nurses. The Healthcare Workforce Resilience Act (HWRA) would...more
As the spread of COVID-19 prompts increasing travel restrictions, and as layoffs become an unfortunate reality in many industries, both U.S. employers and employees holding temporary work visas in the United States need to be...more
Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more