Immigration - Visas

On March 3, 2023, the U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance, Evaluating Eligibility for O-1B Visa Category , which describes new updates made to the USCIS Policy Manual.

On March 6, 2023, U.S. Citizenship and Immigration Services (USCIS) announced “the expansion of premium processing for certain F-1 students seeking Optional Practical Training (OPT) and F-1 students seeking science, technology, engineering, and mathematics (STEM) OPT extensions.”

On February 23, 2023, the U.S. Department of State updated its guidelines to allow F and M students to apply for their student visas to study in the United States up to 365 days prior to the start date of the program as listed on the Form I-20, Certificate of

The U.S. Citizenship and Immigration Services recently announced that it is clarifying the validity period of off-campus employment authorization for international students pursuant to the Special Student Relief (SSR) package.

On March 2, 2023, the U.S. Department of Homeland Security (DHS) notified the public that the 33,000 H-2B cap positions within the second half of the fiscal year had been reached. DHS indicated that the number of positions for which DHS had received petitions surpassed the number of total H-2B

U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will accept employment-based I-485, adjustment of status applications, based on the U.S. Department of State’s March 2023 Visa Bulletin’s “Dates for Filing” visa applications chart.

An H1B visa or status is available for "specialty occupations," those that require theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s degree or equivalent as a minimum requirement to perform the job duties.

USCIS has proposed raising its filing fees – and the burden of those increased fees will fall primarily on employers large and small. For example, the filing fee for an H-1B visa would be raised by 70% from $460 to $780. The registration fee for Cap H-1Bs would increase from

During a recent interview with Bloomberg Law, Julie Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, announced that the U.S. Department of State will launch a pilot program later in 2023 offering visa stamping renewal options domestically for H and L visa benef

On February 15, 2023, the White House Office of Management and Budget (OMB) approved a final rule that would increase certain U.S. Department of State fees for visa services. This is the final step prior to publication of the final rule. Once published, the final rule will likely become effective

U.S. Citizenship and Immigration Services (USCIS) recently announced new designs to improve security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS began issuing the redesigned cards on January 30, 2023. This is a routine process; USCIS h

Newly released data from the U.S. Department of State shows that U.S. consular posts abroad have made significant progress in reaching pre-pandemic levels of immigrant and nonimmigrant visa issuance during fiscal year (FY) 2022.

In a recent interview, Deputy Assistant Secretary for Visa Services Julie Stufft in the Bureau of Consular Affairs confirmed that the U.S. Department of State will soon allow certain visa holders to renew their visa stamps within the United States, without requiring travel to a U.S. embassy or consu

For the first time in almost 20 years, the U.S. Department of State (DOS) may resume issuing nonimmigrant visas within the United States later this year. Reports indicate that a pilot program will allow stateside renewal of H-1B and L-1 visas. The Department of Homeland Security has exclusive jurisd

On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas . As a result of the settlement, U.S. Citizenship and Immigration Services (USCIS) has agreed to resume its policy of adjudicating extension of status, change of status, and employment au

Employers who recently hired F-1 foreign students and wish to continue to employ them beyond the one or three years of Optional Practical Training employment authorization should contact immigration counsel and start making a plan. USCIS announced that it would begin accepting electronic registratio

On January 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the registration period for Fiscal Year 2024 will open at noon on March 1, 2023 and will close at noon on March 17, 2023, both Eastern Time. During this 17-day period, employers, directly or through their represent

The H-1B cap season for Fiscal Year 2024 is fast approaching. USCIS announced on January 27th that cap registration begins on March 1st. Employers should assess their hiring needs and determine if they will sponsor foreign workers for H-1B classification this year. Now is the time to begin preparing

Beginning January 30, 2023, U.S. Citizenship and Immigration Services (USCIS) will accept Form I-907, Request for Premium Processing Service, for Form I-140, Immigrant Petition for Alien Workers E-13 (EB-1C) multinational executive and manager petitions and E21 (EB-2) National Interest Waiver (NIW)

On January 19, 2023, the U.S. Department of Homeland Security (DHS) reached a settlement in Edakunni v. Mayorkas, which restructures U.S. Citizenship and Immigration Services' adjudication policies for H-4 and L-2 dependents, including applicable employment authorization documents.