Immigration - Visas

On December 6, 2019, USCIS announced that it officially plans to implement the electronic H-1B registration process for petitioners seeking to submit H-1B cap-subject petitions for FY 2021.1 USCIS also confirmed the dates of the new program, which will include an initial registration period from Mar

It is no secret that H-1B visa denial rates have been on the rise over the last two years. Recent reporting sheds light on the litigation ensuing from those denials and the impact of denials on H-1B beneficiaries.

The U.S. Citizenship and Immigration Services (USCIS) has announced it is implementing an electronic registration process in the next H-1B visa lottery. Employers seeking to file fiscal year 2021 H-1B cap-subject petitions must first electronically register and pay a $10 fee for each electronic regi

Earlier today, USCIS announced it is implementing the registration process in the next H-1B lottery. H-1B employers have been awaiting confirmation of and details regarding the new registration process for H-1B cap-subject petitions.

Just as the H-2B visas for the first half of the fiscal year 2020 ran out (with some limited exceptions), the Department of Homeland Security (DHS), in cooperation with the Department of Labor (DOL), has released a new final rule on H-2B visas that changes and modernizes the recruitment process.

On November 21, 2019, the new EB-5 Investor Visa Program rules went into effect. That was also the day that the government could have shut down if a spending bill or another continuing resolution had not been approved. It could also have been the day that the EB-5 Regional Center Program would end.

A federal judge has sentenced Pradyumna Kumar Samal to more than seven years in prison, fined him $10,000, and ordered him to pay restitution for the taxes he stole. United States of America v. Samal, No. 2:18-cr-00214 (W.D. Wash. Sept. 20, 2019).

Since 2017, USCIS under the Trump Administration has essentially directed its adjudicators to find ways to deny H-1B petitions. The most recent statistics on Requests for Evidence (RFEs) and denials certainly support this, but evidence has been made available for analysis.

DHS has proposed a fee of $10 per H-1B petition. The agency considers this to be an “appropriate, nominal fee” to recover some costs involved.

Employers have paid about $7 billion in H-1B fees over the past 10 years. Now, a new fee is coming – the electronic registration fee.

California SB 206 would allow college-level student-athletes in California to market their name, image, and likeness without affecting their amateur status. How may the new law, which is in the final phases of approval, affect international student-athletes?

USCIS has published its new final rule significantly changing the EB-5 Immigrant Investor Program to address concerns about fraud, abuse, and national security risks. The new regulations will become effective on November 21, 2019.

According to the Department of Homeland Security’s Spring 2019 Regulatory Agenda, changes to business immigration are on the way, particularly with regard to H-1B visas. It is unclear, however, when these rules will actually come to fruition.

Volume “impact litigation” in the U.S. District Court for the District of Columbia may lead to details of the basis of alleged, unannounced, new USCIS policies regarding the H-1B visa program.

Without warning, USCIS announced that as of March 12, 2019, it is resuming premium processing for all H-1B petitions. This means that for an additional fee of $1,410, USCIS will guarantee a 15-calendar day processing time. By the close of the 15th day, USCIS will issue an approval, a denial, or a Re

Employers seeking to sponsor H-1B workers for fiscal year 2020 can begin filing petitions on April 1, 2019, for a start date of October 1, 2019. The H-1B visa is used by businesses that want to employ foreign nationals to work in a specialty occupation requiring theoretical or technical expertise. F

DHS has made the first move to rescind the H-4 EAD Rule: sending the proposed rule to the Office of Management and Budget (OMB) for review.

USCIS announced on Friday, February 15,, 2019, that it will resume premium processing on Tuesday, February 19, 2019 for H-1B petitions filed prior to December 21, 2018. This follows up on the USCIS announcement at the end of January that it would resume premium processing for cap-subject petitions t

Today, USCIS published its final rule “Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens” in the Federal Register.

While employers and immigration attorneys are preparing for the H-1B Cap Season, DHS has posted its Final Rule for a More Effective and Efficient H-1B Visa Program. The new rule will be published in the Federal Register on January 31, 2019.