Immigration - Visas

Although the number of petitions filed has decreased slightly over the past couple of years, the H-1B cap has been reached every year for the last six years. Due to the high demand, businesses must be ready to file their H-1B petitions on April 1, 2019. Thus, it is time to start strategizing and pre

USCIS has released a policy memorandum clarifying the “one continuous year out of three years” L-1 requirement refers to the time before the individual’s filing.

The Department of Homeland Security has published a much-anticipated notice of proposed rulemaking affecting the H-1B visa process. Public comments must be submitted by January 2, 2019.

The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program.

Starting October 1, 2018, the United States Citizenship and Immigration Services (USCIS) will begin implementing its June 28, 2018 policy memorandum1 to prioritize the removal of foreign nationals from the United States on the basis of public safety, in compliance with Executive Order 13768.2 Under

In recent weeks, several notable policy changes have taken place concerning the adjudication of immigration petitions by the United States Citizenship and Immigration Services (USCIS).

The Trump Administration reportedly is considering a new rule that would make it easier for the government to deny visas to individuals on “public charge” grounds. This has drawn the criticism of many New York legislators.

The Trump Administration has been targeting outsourcing and staffing firms that use H-1B non-immigrant visas, the most popular employment-based visa for foreign professional workers. The Administration has issued guidance after guidance since March 2017 that add requirements for such firms.

The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions to its proposal to eliminate H-4 EADs. In its Spring 2018 Regulatory Agenda

The U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS) have partnered to establish a framework to efficiently manage and maintain information sharing to better detect and eliminate fraud, abuse, and discrimination. The goal of the framework is to protect U.S. workers from

USCIS has exceeded its authority in issuing additional requirements on H-1B petitions involving third-party worksites, a suit filed in New Jersey seeking a temporary restraining order alleges.

USCIS has posted a policy memorandum that will radically change current policy for students and exchange visitors. The policy makes it much more likely that those in F, M or J status will find themselves accruing unlawful presence and becoming subject to three and ten-year bars to admission.

The United States Citizenship and Immigration Services (USCIS) recently made subtle changes to its eligibility definitions for companies seeking to employ STEM OPT F-1 visa holders. The subtle changes have major implications for employers, including staffing companies and companies that place employ

Proposed changes to Form DS-160 would include aspects of “extreme vetting” in all nonimmigrant visa applications. The public has until May 29, 2018, to submit comments to the Trump Administration proposal.

On March 21, 2018, USCIS announced that it will again temporarily suspend premium processing for all fiscal year (FY) 2019 cap-subject H-1B petitions. For an additional filing fee, premium processing allows employers to request faster processing of certain employment-based petitions and applications

Further to President Donald Trump’s Buy American and Hire American executive order, which directs the DHS to protect the interests of U.S. workers and make sure that there is no fraud, abuse, or circumvention of the laws, USCIS has issued a new policy memorandum, “Contracts and Itineraries Requireme

The H-2B visa shortage continues, impacting thousands of U.S. businesses around other country. H-2B visas are used widely in hospitality and tourism, landscaping and the construction industry to hire foreign workers for temporary nonagricultural work. There are 66,000 available annually – half for t

The U.S. Citizenship and Immigration Services (USCIS) has published a memorandum establishing its policy relating to H-1B petitions filed for employees who will be working at one or more third-party worksites. The newly released guidance supersedes two previous memos, which required USCIS to make re

Executive Summary: We are releasing this Alert to remind employers of the fast-approaching April 1, 2018, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S. this year. Since April 1, 2018, falls on a Sunday this yea

Reports about the possible elimination of AC-21 extensions (for H-1B workers awaiting green cards) are now being denied by the government. The USCIS is attempting to quell fears caused by rumors that the Administration would eliminate H extensions beyond the six-year limit for certain individuals un