Immigration - Visas

The Biden-Harris Administration has taken steps to enhance the ability of U.S. STEM (science, technology, engineering, and math) businesses to hire qualified foreign students and graduates as exchange visitors. Interested STEM businesses could become Host Organizations for J-1 Visa Exchange Visitors

Businesses across industries are reducing their workforces and implementing hiring freezes amid increasing labor costs and fears of slower economic growth. In fact, reports suggest that tens of thousands of workers could be looking for new jobs in 2023 following announced layoffs and job cuts at sev

On December 23, 2022, the U.S. Department of State announced that the secretary of state has extended consular officers’ authority to waive the in-person visa interview requirement through December 31, 2023.

Portugal is designated an E-1/E-2 treaty country in the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (H.R. 7776/NDAA) passed by Congress on December 15, 2022. President Joe Biden is expected to sign the bill, providing Portuguese nationals E-1 and E-2 visa eligibility. E-1

On December 12, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it would automatically extend the validity of permanent resident cards (green cards) for lawful permanent residents (LPRs) who have applied for naturalization, i.e., citizenship.

The Department of Homeland Security (DHS) has provided guidance on the additional 64,716 H-2B temporary nonagricultural worker visas available for fiscal year 2023. H-2B visas allow employers to bring workers to the United States to perform temporary nonagricultural seasonal work. The statute limits

U.S. Customs and Border Protection (CBP) confirmed that a new visa foil design is being released for all nonimmigrant and immigrant visas. The current Lincoln visa foil will soon be replaced with a Bridge visa foil.

The U.S. Department of State has released the Visa Bulletin for December 2022. U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will accept employment-based I-485 adjustment of status applications per the Visa Bulletin’s Dates for Filing chart, rather than the Final Action Dat

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 to allow him to profit from his name, image, and likeness (NIL) while in sch

By: State Department Now Issues Five-Year TN Visas to Mexican Citizens A recent change in visa processing allows Mexican TN visa applicants to receive a five-year visa. Before this change, Mexican citizens were issued a visa valid for only one year. This policy change allows Mexican TN visa holders

Now, Mexicans applying for TN status are eligible for four-year visas by paying a larger fee. This option allows Mexicans to avoid the hassles associated with having a three-year TN visa approval but only a one-year visa. Since 1993, Canadians and Mexicans have been able to enter the United States

The U.S. Department of Homeland Security (DHS) recently announced that it would publish a regulation to make available an additional 64,716 H-2B temporary nonagricultural work visas for the 2023 fiscal year. The visas will be added to the standard annual allotment of 66,000 H-2B visas issued each fi

The Department of Homeland Security (DHS) in conjunction with the Department of Labor (DOL) will be starting the fiscal year by making an additional 64,716 H-2B temporary nonagricultural worker visas available. This is on top of the 66,000 normally available. This move represents a change in strateg

For fiscal year (FY) 2023, the annual H-1B quota for 85,000 H-1Bs was met as of August 23, 2022, and on October 1, 2022, those H-1Bs that were approved as change-of-status petitions went into effect. To obtain H-1B status for the first time, a foreign national is required to go

For fiscal year (FY) 2023, the annual H-1B quota for 85,000 H-1Bs was met as of August 23, 2022, and on October 1, 2022, those H-1Bs that were approved as change-of-status petitions went into effect. To obtain H-1B status for the first time, a foreign national is required to go

The EB-5 Immigrant Investor Program has gone through significant changes in 2022 due to the enactment of the EB-5 Reform and Integrity Act (RIA) . Created in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors, the EB-5 Program provides a path to perma

In Washington Alliance of Technical Workers v. DHS (WashTech) , the D.C. Circuit held that optional practical training programs (OPT) that allow students on the nonimmigrant F-1 visa to work in the United States for up to three years following their graduation are valid. This decision comes after ei

Due to long processing delays, USCIS is extending the validity of green cards for 24 months for legal permanent residents who have filed a Form I-90, Application to Replace Permanent Residence Card . USCIS is doing this in recognition of the fact that the previous 12-month extension in effect since

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, the guidance states that evidence establishing that a beneficiary is named on

The U.S. Department of State’s July 2022 Visa Bulletin indicates a significant advancement for Indian nationals in the second preference category for employment-based (EB-2) visas.