Immigration - Visas

The United States Citizenship and Immigration Services (USCIS) has announced it will begin premium processing of H-1B cap cases on April 27, 2015. This means that if a company has already received a receipt notice for a cap-subject H-1B petition filed via premium processing, the 15-day window for pr

In an April 9, 2015, precedent decision, the Administrative Appeals Office (“AAO”) affirmed the California Service Center’s decision to revoke an H-1B petitioner’s approved petition for failure to file an amendment to report a change in the beneficiary’s employment location. See Matter of Simeio Sol

Executive Summary: On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B nonimmigrant visa approval issued to an IT services provider,

U.S. Citizenship and Immigration Services (“USCIS”) recently released statistics related to L-1B denial rates for fiscal year 2014, in response to a Freedom of Information Act (FOIA) request filed by the National Foundation for American Policy (NFAP). (Click here for NFAP’s report). The denial rate

Executive Summary: In a historic move, effective May 26, 2015, the Department of Homeland Security ("DHS") will allow, for the first time, H-4 spouses of H-1B workers who are pursuing permanent residence ("green cards") to apply for work authorization. DHS recognizes that the inability of H-4 spouse

Employers who employ F-1 students who will soon seek to change their status to H-1B visa holders should be aware of the potential implications and risks on the H-1B visa process stemming from F-1 employees’ international travel.

Employers who wish to sponsor H-1B workers for Fiscal Year 2016 can begin filing petitions on April 1, 2015 for a start date of October 1, 2015. The H-1B visa is used by businesses who wish to employ foreign nationals to work in a specialty occupation requiring theoretical or technical expertise. Fo

Spearheaded by Sen. Jerry Moran (R-KS) and Mark R. Warner (D-VA), a group of six senators introduced a fourth attempt at the Startup Act (S.181). The Startup Act would provide immigrant entrepreneurs who create new jobs access to a specifically designated visa. The bill would also create new visas f

Executive Summary: The U.S. Department of Labor (DOL) has just released a final decision and order rendered this past July by the Administrative Review Board (ARB), holding that an H-1B worker's front pay claim against a former employer is cut off where it is clear that the worker changed employers

The U.S. Department of State has released the January 2015 Visa Bulletin, which summarizes visa availability for individuals seeking U.S. Permanent Residence. As compared to the December 2013 Visa Bulletin, some significant movement occurred in the oversubscription date (i.e., the date on which the

According to the American Association of Colleges of Nursing, the United States is projected to experience a nurse shortage as a generation of Americans age and the need for healthcare increases. This shortage in nurses could potentially be a problem for healthcare employers, but thanks to a new pol

On May 6th, 2014, the Department of Homeland Security (DHS) announced its plans to attract and retain highly skilled immigrants through two proposed rule changes. The proposed rule changes would allow employment authorization for certain spouses of H-1B workers, and would make it easier for highly s

In a press release dated April 7, 2014, the White House announced that the Department of Homeland Security (DHS) will soon publish proposed rules, as part of the “Attracting the World’s Best and Brightest” initiative, to allow spouses of certain H-1B visa holders to be eligible for employment author

U.S. Citizenship and Immigration Services (USCIS) announced on Monday, April 7, 2014 that it received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2015 during the first week of the filing period, which ran from April 1, 2014 to April 7, 2014. USCIS also confirmed

Employers who wish to sponsor H-1B workers for Fiscal Year 2015 can begin filing petitions on April 1, 2014 for a start date of October 1, 2014. The H-1B visa is used by businesses to employ foreign nationals to work in a specialty occupation requiring theoretical or technical expertise. For FY 2015

The U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions on April 1, 2013. There is an annual limit of 65,000 H-1B numbers available each year for foreign nationals with Bachelor's Degrees and an additional 20,000 for those holding U.S. Master's Degrees. In light of