Effective February 18, 2025, the Department of State has changed the categories of applicants that are eligible to waive the in-person non-immigrant visa interview appointment when applying for a non-immigrant visa stamp for...more
It is that time of the year again – H-1B CAP registration is right around the corner. With the continued beneficiary-centric selection process, and the new H-1B modernization rule which impacts H-1B CAP filings, employers...more
2/17/2025
/ Compliance ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Final Rules ,
Foreign Nationals ,
H-1B ,
Immigration Procedures ,
Modernization ,
USCIS ,
Visa Caps ,
Visas
On January 20, 2025, President Trump signed an executive order Declaring a National Emergency at the Southern Border of the United States. This executive order allows for the use of federal funding for border security and the...more
2/11/2025
/ Audits ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Raids
UPDATE: Employers should be advised that USCIS has extended the H-1B CAP registration period for FY2025. The registration period was initially set to close at 12:00 pm EST on March 22, 2024, but has now been extended to 12:00...more
Employers with candidates who require initial H-1B employment authorization should plan to submit a registration for those candidates when the H-1B electronic registration period opens on March 6, 2024. The electronic...more
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
The Department of State “DOS” has published guidance and FAQs advising eligible H-1B visa applicants on how they can participate in its pilot program for domestic H-1B visa renewals, which will begin on January 29, 2024. ...more
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
U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to reach the 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree master’s cap and has completed the H-1B selection process...more
Employers in the automotive industry should be aware of the impact the United Auto Workers strike could have on its employees with immigration considerations. A federal government shutdown is also likely, which could impact...more
10/2/2023
/ Automotive Industry ,
Canada ,
Customs and Border Protection ,
Department of Labor (DOL) ,
F-1 Visa ,
Government Shutdown ,
H-1B ,
Immigration Procedures ,
L-1 Visas ,
Labor Condition Applications ,
Mexico ,
PERM ,
Strike ,
TN-Visas ,
UAW ,
USCIS ,
Visas
On July 21, 2023, the Department of Homeland Security ("DHS") announced a new, alternative procedure that will allow certain employers to virtually inspect the identity and employment authorization documents presented by an...more
Employers seeking to sponsor candidates for initial H-1B sponsorship (commonly known as "H-1B CAP") should begin preparing for the H-1B electronic registration process. Although the U.S. Citizenship and Immigration Services...more
Employees who presented an expired List B Identity document between May 1, 2020, and April 30, 2022, must present an unexpired document that establishes identity by July 31, 2022, to update their Form I-9, Employment...more
Employers seeking to sponsor candidates for initial H-1B sponsorship should note that the H-1B electronic registration dates have been announced by U.S. Citizenship and Immigration Services (USCIS). USCIS has announced that...more
2/14/2022
/ Electronic Filing ,
Filing Deadlines ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Labor Condition Applications ,
OPT ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
The Department of State, in consultation with the Department of Homeland Security, has authorized consular officers to waive the in-person interview requirement for certain non-immigrant visa applicants with approved...more
1/19/2022
/ Consulate ,
Department of Homeland Security (DHS) ,
Electronic Travel Authorization Program (eTA) ,
Foreign Nationals ,
Immigration Procedures ,
Non-Immigrant Visas ,
U.S. Embassies ,
US State Departments ,
USCIS ,
Visas ,
Waivers
Employers seeking to sponsor candidates for initial H-1B sponsorship (commonly known as "H-1B CAP") should begin preparing for the H-1B electronic registration process. Although the U.S. Citizenship and Immigrations Services...more
Beginning November 8, 2021, international travelers subject to CDC country-specific travel restrictions will be able to resume travel to the U.S. without applying for an exemption. The current travel restrictions apply to...more
11/2/2021
/ Airlines ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
International Travel ,
Military Service Members ,
National Interest Waiver ,
Non-Immigrant Visas ,
Surface Transportation ,
Travel Restrictions ,
US State Departments ,
Vaccinations ,
Virus Testing ,
Visas
International travelers subject to the CDC travel restrictions will soon be able to resume travel to the U.S. without applying for an exemption. The current travel restrictions apply to certain travelers from China, Iran, the...more
Employers preparing for return to in-person work should review any Form I-9 completed during COVID-19. The temporary policies for Form I-9 compliance in effect since March 20, 2020, will expire on August 31. (Temporary...more
6/23/2021
/ Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Deadlines ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
NLRB ,
Relief Measures ,
Temporary Regulations ,
USCIS
MARCH 19, 2021 UPDATE: On March 18, 2021, the Department of Homeland Security announced that the border between the U.S. and Canada would remain closed to nonessential travel through April 21, 2021.
On March 18, 2020,...more
In Chamber of Commerce, et al., v. DHS, et al., the U.S. District Court in California has set aside an interim final rule significantly altering prevailing wages to be paid to certain temporary and permanent foreign workers...more
12/4/2020
/ Administrative Procedure Act ,
Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Good Cause ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Injunctions ,
Interim Final Rules (IFR) ,
Notice and Comment ,
Prevailing Wages ,
Trump Administration ,
Wage and Hour
On September 24, 2020, the Department of State published the October Visa Bulletin, the first of the new government fiscal year (FY 2021). USCIS announced on the same day that it would utilize the "Dates for Filing of...more
On July 14, 2020, in response to a lawsuit filed by Harvard University and Massachusetts Institute of Technology, U.S. Immigration and Customs Enforcement (ICE) has agreed to rescind a policy that would have barred...more
7/16/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Deportation ,
F-1 Visa ,
Foreign Students ,
Harvard University ,
Immigration and Customs Enforcement (ICE) ,
M-1 Visa ,
Massachusetts Institutie of Technology (MIT) ,
Remote Learning ,
SEVP ,
Trump Administration ,
Universities
President Trump issued a new executive order on June 22, 2020, which suspends the entry of foreign nationals on certain employment-based nonimmigrant visas (H-1B, H-2B, J, and L) into the United States. This executive order...more
President Trump has signed an executive order suspending the entry of certain students and researchers from China. The May 29 order was effective at 12:00 p.m. EDT on June 1, 2020, and will remain in effect until terminated...more