With the shortage of U.S. workers in many STEM fields, H-1B workers are an increasingly vital part of the U.S. workforce. This webinar will address the requirements, processing times and validity periods for H-1B status as...more
The Department of Homeland Security recently published a Final Rule in the Federal Register establishing a filing fee increase that will go into effect on April 1, 2024. The new fee schedule significantly increases several...more
U.S. Citizenship and Immigration Services recently announced it will increase the filing fee for Form I-907, Request for Premium Processing. The fee change will go into effect for all Premium Processing requests received on...more
On December 21, 2023, the Department of State announced that it will be launching a pilot program to resume renewals of H-1B nonimmigrant visas in the United States for certain qualified foreign nationals. Prior to the...more
The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more
11/13/2023
/ Citizen Petitions ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
H-1B ,
Labor Condition Applications ,
Lottery ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
USCIS ,
Visa Caps ,
Visas
Harris Beach PLLC understands the U.S. Department of State (DOS) will soon revive a long-dormant program that allows a limited number of nonimmigrant visa holders to renew their visas from within the United States, a process...more
United States Citizenship and Immigration Services (“USCIS”) has issued updated guidance on the adjudication of National Interest Waivers (“NIW”) for petitioners holding advanced degrees in science, technology, engineering...more
On March 15, 2023, U.S. Citizenship and Immigration Services announced it is updating its guidance on how the agency interprets the regulatory requirement that U.S. employers must demonstrate their ability to pay prospective...more
On February 14, 2023, United States Citizenship and Immigration Services announced it is updating the method by which the agency calculates a child’s age under the Child Status Protection Act for children charged to the...more
For the last several years, unnecessary delays and long processing times of H-4 and H-4 EAD (Employment Authorization) applications have caused frustration for H-1B dependents attempting to change or extend their status,...more
As of November 1, 2022, most employers in New York City must comply with the City’s new pay transparency legislation. The legislation amends the N.Y. City Human Rights Law (“NYCHRL”), requiring covered employers to include...more
11/17/2022
/ Certifications ,
City of New York ,
Department of Labor (DOL) ,
Enforcement ,
Final Rules ,
Foreign Nationals ,
Foreign Workers ,
Hiring & Firing ,
Human Rights ,
Job Ads ,
Pay Transparency ,
PERM ,
Prevailing Wages ,
Wage and Hour
On June 24, 2022, U.S. Citizenship and Immigration Services issued new guidance in its Policy Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (INA). The new guidance clarifies that...more
When U.S. employers hire a foreign worker who is maintaining H-1B status with another employer, they are required to file an H-1B transfer petition. It also behooves the hiring employer to screen those candidates to determine...more
Employment Authorization Documents (“EAD cards”) authorize certain foreign nationals to work in the United States during their validity period. An EAD card is one of many documents an employee may present as the basis for his...more
Today USCIS has released a Temporary Final Rule (TFR) that is scheduled to be published in the Federal Register tomorrow, May 4, 2022, and which will be effective immediately upon publication. The TFR increases the automatic...more
We previously reported that USCIS reached a settlement agreement that allows the spouses of foreign nationals holding E-1, E-2, E-3, and L-1 status to work “incident to status.” This means that these spouses can work for any...more
Pandemic-related slow-downs in U.S. Citizenship and Immigration Services processing times have continued late into 2021. USCIS pandemic protocols require limiting the number of individuals in the waiting rooms of USCIS field...more
In September, the White House announced that it would lift all of the geographic-based travel bans as of November 8, 2021. As we previously reported, the President imposed numerous geographically based travel bans due to the...more
All applicants for lawful permanent residency in the United States are required to submit to a medical examination to ensure that they are not carrying any communicable diseases of public health significance, and that they...more
October 1 marks the beginning of the federal government’s fiscal year, as well as the H-1B employment start date for thousands of workers. Most people who change status to H-1B under the H-1B lottery system initially came to...more
In March 2020, the U.S. Department of State (“DOS”) announced the suspension of routine visa services at all U.S. embassies and consulates worldwide due to the COVID-19 pandemic. At that time, consular services were limited...more
The recent legalization of adult-use cannabis in New York State has created enormous economic opportunity in the state, but taking advantage of those opportunities may bring harsh immigration consequences for foreign...more
The H-1B cap selection process has ended and the race to file petitions for selected registrants has begun.
USCIS announced that on March 30, 2021, enough electronic registrations had been received during the initial...more
On March 9, 2021, the Department of Homeland Security (DHS) announced that it will no longer seek judicial review of any court decisions invalidating the 2019 Public Charge Final Rule, noting:
Today, DHS Secretary...more
On February 24, 2021, USCIS announced it is adding I-129 petitions for E-3 status to the list of case types eligible for Premium Processing. The USCIS Premium Processing service allows petitioners to pay an additional filing...more