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United States Citizenship and Immigration Services H-1B Immigration Reform

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Nilan Johnson Lewis PA

REMINDER: USCIS Changed its Premium Processing of Certain Immigration Petitions to 15 Business Days (instead of Calendar Days)

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On April 1, 2024, pursuant a final DHS rule, the immigration agency USCIS changed its premium processing time for certain immigration petitions from 15 calendar days to 15 business days. This is the same rule that increased...more

Seyfarth Shaw LLP

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

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On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

Quarles & Brady LLP

The Top Five H-1B Cap Post-Season Considerations for Employers

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Congratulations, your company (literally) won the lottery! At this point, you have either filed your respective H-1B cap-subject petitions or are working to file those petitions recently selected in the second round of the FY...more

Seyfarth Shaw LLP

Second USCIS FY 2025 Cap Lottery: A New Opportunity for H-1B Applicants

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In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to...more

Littler

Not Selected in H-1B Cap Registration? There Are Options!

Littler on

Foreign workers fill a critical need in the U.S. labor market, particularly in the professional and technological fields such as science, technology, engineering and mathematics (STEM). To fill this need, U.S. employers...more

Moore & Van Allen PLLC

Major Updates to the H-1B Cap Registration and Selection Process

The initial registration period for the FY 2025 H-1B cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024. USCIS has announced several significant changes to the H-1B program aimed at...more

CDF Labor Law LLP

Change is Coming to the H-1B Visa

CDF Labor Law LLP on

On February 1, 2024, USCIS issued two regulations that will dramatically change the operation of the H-1B visa program. H-1B visas are available to employers who wish to employ foreign nationals in positions that typically...more

ArentFox Schiff

It’s H-1B Lottery Time Again and There Is a New Lottery System

ArentFox Schiff on

It’s that time of year again when employers have to decide who they are sponsoring for an H-1B visa. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions...more

Gibney Anthony & Flaherty, LLP

Plan Now for FY 2025 H-1B Cap Registration

U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2025 H-1B cap from March 6, 2024 to March 22, 2024. This year USCIS is implementing...more

Miller Canfield

Show Me the Money! Increased USCIS Fees Effective April 1, 2024

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The Department of Homeland Security (“DHS”) published a final rule adjusting the fees to file certain immigration applications with U.S. Citizenship and Immigration Services (“USCIS”). The new fees go into effect on April 1,...more

Seyfarth Shaw LLP

USCIS Announces Significant Fee Increases Effective on April 1, 2024

Seyfarth Shaw LLP on

Seyfarth Synopsis:  Effective April 1, USCIS will implement significant filing fee increases, in particular for petition and applications related to employment-based benefits....more

Gibney Anthony & Flaherty, LLP

FY 2025 H-1B Cap Season Launched with Important Changes

USCIS announced  that the initial electronic registration period for the fiscal year (FY 2025) H-1B cap season will open at noon Eastern on March 6, 2024 and will run through noon Eastern on March 22, 2024....more

ArentFox Schiff

Certain H-1B Employees Can Renew Their Visas Within the United States Under New Pilot Program

ArentFox Schiff on

Most foreign nationals living in the United States in temporary status (not green card holders) can only reenter the United States after international travel if they have a current visa in their passport. Since 2004, those...more

Miller Canfield

State-Side H-1B Visa Renewal to Begin Jan. 29, 2024

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The Department of State (“DOS”)’s pilot program for domestic H-1B visa renewals will begin on January 29, 2024, and run through April 1, 2024. As H-1B visa applicants accepted into the pilot program will no longer need to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Stateside Visa Renewal Pilot Program Set to Begin in January 2024

On December 15, 2023, the Office of Information and Regulatory Affairs cleared review of the U.S. Department of State’s highly anticipated stateside visa renewal pilot program. The program will apply only to H-1B applicants...more

Foley Hoag LLP

Department of State Announces Domestic Visa Renewal Pilot for Certain H-1B Visa Applicants

Foley Hoag LLP on

On December 21, 2023, the State Department announced a pilot program to resume domestic visa renewals for certain qualified H-1B nonimmigrant visa applicants. For the last 20 years, H-1B visa holders have been required to...more

Akerman LLP - HR Defense

A Modern Approach: USCIS Proposes to Update the H-1B Program

Akerman LLP - HR Defense on

USCIS is proposing to modernize the H-1B visa program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity...more

Moore & Van Allen PLLC

H-1B Cap Season – Time to Start Preparing

Moore & Van Allen PLLC on

The registration period for H-1B cap-subject petitions is approaching! As a reminder, the annual H-1B cap is set at 65,000, with an additional 20,000 numbers available for individuals who have earned an advanced degree from...more

Burr & Forman

Domestic Visa Renewal Could Return in 2024

Burr & Forman on

The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B...more

Littler

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Littler on

On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program.  DHS states...more

Seyfarth Shaw LLP

September 2023 U.S. Immigration Alert

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1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form - On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices....more

Littler

DHS to Streamline Adjudication of Extension of Status, Change of Status, and Work Authorization Applications for Spouses and...

Littler on

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...more

Quarles & Brady LLP

New USCIS Benefit for Employers and Their Foreign National Employees with Family Members

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A recent settlement with the class action lawsuit Edakunni v. Mayorkas now requires U.S. Citizenship & Immigration Services (USCIS) to review I-539 (status) and I-765 (work) applications for spouses and minor children of H-1B...more

Akerman LLP - HR Defense

H-1B Visa Lottery Deadlines Approaching

Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an...more

Dentons

Time to Start the H-1B “Cap” Registration and Lottery

Dentons on

The new year brings new possibilities, including a chance to register for the H-1B “lottery” for the fiscal year 2023. As a reminder, because of a limited number of new H-1Bs available for most employers, each year the U.S....more

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