Immigration - Visas

On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program. DHS states that these changes will improve the program by “streamlining eligibility requ

The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) have announced that they plan to make an additional 64,716 H-2B visas available for fiscal year (FY) 2024. The announcement should bring relief to industries experiencing an unmet need for seasonal, intermittent, p

USCIS has issued new policy guidance on L-1 intracompany transfer petitions addressing sole proprietorships and Blanket L petitions. There are two highlights: USCIS has clarified that sole proprietorships cannot file L petitions on behalf of the owner, i.e., the sole proprietor. USCIS distinguishes

On October 18, 2023, additional details regarding the U.S. Department of State’s highly anticipated stateside visa renewal pilot program were released by the American Immigration Lawyers Association (AILA).

The U.S. Department of State (DOS) sent a Federal Register notice titled, “ Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens ” to the Office of Information and Regulatory Affairs on October 17, 2023. The program would allow the DOS to

On October 23, 2023, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) to amend its current regulations to modernize the H-1B visa program. DHS will accept public comments until December 22, 2023.

On October 17, 2023, the Department of State (DOS) took the first steps to implement stateside processing of nonimmigrant visas. The DOS notified the federal Office of Information and Regulatory Affairs that it will introduce a pilot stateside processing program on a limited basis in the first quart

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Rule has been released for Notice and Comm

A change in calculating the availability of immigrant numbers means some foreign national ministers who are in the United States on temporary R-1 religious worker visas and waiting in lines for green cards will have to wait even longer, it seems. Some may even have to leave their congregations. Mini

U.S. Citizenship and Immigration Services recently announced that as of October 11, 2023, the H-2B cap for nonagricultural workers had been reached for the first half of fiscal year 2024.

The Department of Homeland Security (DHS) will soon be issuing a new proposed rule: Modernizing H-1B Requirements and Oversight and Providing Flexibility in the F-1 Program. The abstract of the proposed rule indicates: DHS will be revising the regulations regarding the “employer-employee” relationsh

On October 4, 2023, at noon EDT, the U.S. Department of State will open the annual Diversity Visa (DV) lottery registration period for fiscal year (FY) 2025. The online registration program is free to all registrants (only one registration per person is allowed), and the State Department will contin

USCIS is increasing the maximum validity period to five years for initial and renewal Employment Authorization Documents (EADs) for certain categories of applicants, including noncitizens with pending adjustment of status applications. This is good news for employers and employees with long pending

Diversity Visa (DV) Electronic Registration for Fiscal Year (FY) 2025 opens at noon ET on October 4, 2023, and closes at noon ET on November 7, 2023 . There will be 55,000 Diversity Visas available for FY 2025. There is no cost to register, but, if selected, applicants must pay the

U.S. Citizenship and Immigration Services (USCIS) recently announced the elimination of the $85 biometric services fee for all Form I-539 applications to extend/change nonimmigrant status, beginning October 1, 2023.

On September 12, 2023, U.S. Citizenship and Immigration Services (USCIS) updated its official policy manual chapters on employment-based first-preference (EB-1) immigrant petitions in the Extraordinary Ability and Outstanding Professor and Researcher classifications.

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.” These proposed regulations, currently under review with the Office of Manage

On the heels of the U.S. Department of Labor’s announcing plans to revise its H-2A program, the U.S. Department of Homeland Security (DHS) is proposing amendments to its H-2A and H-2B regulations. The proposed changes would “ensure the integrity of the H-2 programs and enhance protections for worker

The October 2023 Visa Bulletin has been released by the U.S. Department of State and shows some encouraging movement forward from last month, with the exception of the filing date for EB-3 worldwide, which will retrogress four months.