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Immigration - Visas

Articles Discussing Employment-Related Visas.

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DOL Proposes Revisions to the H-2A Visa Program

Ogletree Deakins·

The U.S. Department of Labor (DOL) has announced that it is working to update and improve the protections available to H-2A workers. The proposed changes would include both worker protection measures and compliance and enforcement enhancements.

COVID-19–Era Machine-Readable Visa Fee Receipts Will Expire on September 30, 2023, State Department Announces

Ogletree Deakins·

All receipts for payment of Machine-Readable Visa (MRV) fees issued prior to October 1, 2022, are set to expire on September 30, 2023, the U.S. Department of State recently announced.

State Department Testing Digital Visa Authorization to Replace Traditional Visa Foils

Ogletree Deakins·

The U.S. Department of State recently announced that it is developing the capability to issue digital visa authorizations (DVA) instead of the traditional visas that are printed and placed in applicants’ passports. This development would streamline the travel authorization process by automating the

New USCIS Guidance for Evaluating Extraordinary Ability, Outstanding Professor, Researcher Visa Classifications

Jackson Lewis P.C.·

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual (PM) to provide guidance to USCIS officers on evaluating eligibility criteria for the EB-1A (extraordinary ability) and EB-1B (outstanding professor or researcher) employment-based immigrant visa classifications. The EB-

Navigating the H-1B Visa Process: Common Pitfalls and Considerations

Littler·

This podcast episode is dedicated to unraveling the complexities of filing an H-1B petition and remaining compliant following an approval. The H-1B visa program is known for its competitiveness, intricate regulations, and fact-specific nature. Whether you're an employer looking to hire and maintain

H-1B Update: Suspecting Fraud, USCIS Challenges, Denies Some Petitions, and Foreign Nationals Sue

Jackson Lewis P.C.·

USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted on behalf of the same individual. Of course, it is possible for more than o

DHS Issues Additional Visa Waiver Program Guidance for Cuba, Hungary, Israel

Jackson Lewis P.C.·

The Department of Homeland Security (DHS) has issued additional Visa Waiver Program guidance involving Cuba, Hungary, and Israel. The Visa Waiver Program allows individuals from selected countries to enter the United States for business or tourism for up to 90 days without obtaining a visa. To enter

September 2023 Visa Bulletin Shows Little Movement in Last Month of Fiscal Year 2023

Ogletree Deakins·

The September 2023 Visa Bulletin has been released by the U.S. Department of State and shows little movement from last month .

FY 2024 H-1B Cap Update: Second Random Selection From Previously Submitted Registrations Completed

Jackson Lewis P.C.·

After conducting and completing a second round of selections to reach the FY 2024 H-1B cap, USCIS has notified all prospective petitioners of their selection. In the second round, USCIS selected an additional 77,600 registrations. The new petition filing period for those selected is from August 2, 2

J-1 Waiver Options for Physicians and Physician Employers

Ogletree Deakins·

Several J-1 visa waiver application windows are set to open in fall 2023 for physicians who plan to start working for an employer following completion of their residency or fellowship programs in spring/summer 2024.

Rumored Second H-1B Lottery Selection Will Happen ‘Soon,’ According to USCIS

Ogletree Deakins·

On Thursday, July 27, 2023, U.S. Citizenship and Immigration Services announced that it will “need to select additional registrations to reach the fiscal year 2024 numerical allocations” for the H-1B visa. Previously submitted H-1B visa electronic registrations are anticipated for a second lottery s

U.S. Visa Waiver Program: Impact of Travel to Cuba

Ogletree Deakins·

On July 6, 2023, the U.S. Department of Homeland Security (DHS) updated the existing Electronic System for Travel Authorization (ESTA) application to add questions focusing on an applicant’s travel and connection to Cuba, which has been designated as a state sponsor of terrorism by the U.S. secretar

August 2023 Visa Bulletin Brings Continued Significant Retrogression for Multiple Employment-Based Categories

Ogletree Deakins·

The U.S. Department of State’s Bureau of Consular Affairs’ August 2023 Visa Bulletin illustrates a continued trend of significant backlogs in the employment-based immigrant visa process.

USCIS Update: Online Rescheduling Tool for Biometric Services Appointments

Ogletree Deakins·

In an effort to improve the customer experience, U.S. Citizenship and Immigration Services has launched a self-service tool that allows online rescheduling of biometric services appointments.

State Department Releases Updated Guidance for E-Visa Processing

Ogletree Deakins·

The U.S. Department of State recently updated four provisions in the Foreign Affairs Manual related to visa processing for E-1, E-2, and E-3 applicants and eligible family members (i.e., spouses and children) seeking derivative status.

USCIS Petition Requirements for Relocating H-1B Employees Are Sound, Federal Court Confirms

Jackson Lewis P.C.·

U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements in doing so, the U.S. Circuit Court for the District of Columbia has ruled

USCIS Releases Updated Eligibility Criteria for Compelling Circumstances EADs

Ogletree Deakins·

On June 14, 2023, the United States Citizenship and Immigration Services (USCIS) released detailed guidance regarding the eligibility criteria for the Compelling Circumstances Employment Authorization Document (EAD) application. The new guidance delineates seven eligibility criteria applicants must

USCIS Expands Premium Processing to Include Form I-539 Applications to Change Status to F, M, or J Status

Ogletree Deakins·

On June 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced an expansion of premium processing service for applicants filing Form I-539 to change their status to F, M, or J status.

July 2023 Visa Bulletin Shows Further EB-3 Retrogression

Ogletree Deakins·

The U.S. Department of State’s Bureau of Consular Affairs’ July 2023 Visa Bulletin continues to demonstrate a trend of backlogs in the employment-based immigrant visa process.

Visa Options for Foreign National Workers in the Life Sciences Industry

Jackson Lewis P.C.·

As demand for talent surges in the fast-growing life sciences industry, U.S. employers continue to face challenges in their search for immigration options to retain their high-skilled foreign workers. Please see our full publication here .