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USCIS Reminders: Increased Filing Fees, Additional Asylum Program Fee, and Extended Premium Processing Times

USCIS published a final rule (the Final Rule) on January 31, 2024, increasing certain filing fees that went into effect on April 1, 2024....more

Filing Fee Increases and H-1B CAP Season Are Approaching – Time to Plan Ahead and Budget Accordingly!

In addition to the increase in Premium Processing Fees already slated to become effective February 26, 2024, USCIS has announced filing fee increases for almost all other filings, with discounted fees in many cases for online...more

H-1B CAP Alert – Key Dates for this Year's H-1B Registration Process

It's that time of year again: H-1B CAP season! The U.S. Citizenship and Immigration Services (USCIS) initial registration period for H-1B CAP will open at 12 p.m. ET on March 1 and run through 12 p.m. ET on March 17, 2023....more

H-1B Cap Alert - Key Dates For This Year's H-1B Registration Process

It's that time of year again – H-1B CAP season! The United States Citizenship and Immigration Services (USCIS) announced that the initial registration period for H-1B CAP will open at noon Eastern on March 1, 2022 and will...more

Trump Amends Proclamation to Expand Scope of Restrictions on Nonimmigrant Visas

President Trump has issued a new Proclamation that immediately extends to December 31, 2020 its April 22 suspension of certain immigrant visas (family categories other than spouse and children of citizens; employment...more

New Proclamation Suspends New H, L, and J Visas and Extends Immigrant Visa Suspension through December

President Trump has issued a new Proclamation that immediately extends to December 31, 2020 its April 22 suspension of certain immigrant visas (family categories other than spouse and children of citizens; employment...more

H-1B Registration and FY21 – Planning Starts Now

Just as FY20's H-1B approved cap cases are reaching the October 1 effective date for their authorized period of employment, the Department of Homeland Security (DHS) reminds us that there are changes to the cap lottery...more

H-1B Cap Season is Here – Are You Ready to File?

Spring is in the air, and H-1B excitement abounds. Now is the time to take stock of your H-1B needs for FY20, which begins on October 1, 2019. ...more

Immigration Update: The New Labor Condition Application ETA 9035/9035E and What It Means for Employers

On November 19, 2018, the Department of Labor (DOL) implemented amendments to its attestation-based Labor Condition Application Form ETA 9035/9035E, which is a prerequisite filing by employers sponsoring workers in the H-1B,...more

Immigration Update: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B Options If You Don't...

This month: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B options if you don't win the H-1B lottery. In the midst of the mad flurry of H-1B cap filings, United States...more

4/26/2017  /  Foreign Workers , Fraud , H-1B , Lottery , USCIS , Visa Caps , Visas

H-1B Employers: USCIS Retroactively Implements Changes for Programmers, Increased Focus on Fraud, and Invitation for...

In the midst of the mad flurry of H-1B cap filings, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum that rescinds guidance on H-1B adjudication for certain computer-related positions from...more

4/7/2017  /  H-1B , Popular , USCIS , Visas

Plan B for H-1B Applicants

Although you may not yet know whether your H-1B petition has been selected for processing under the FY2018 cap, it is never too early to think about alternatives and come up with a feasible Plan B. Now that premium...more

4/7/2017  /  H-1B , USCIS , Visa Caps , Visas

Immigration Update: H-1B Cap FY2017 and Aftermath; Adjudicating the L-1A Functional Manager Petition Requires Consideration of...

The USCIS received more than 236,000 H-1B petitions during this year's FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. master's...more

5/10/2016  /  Foreign Workers , Form F-1 , H-1B , H-4 Spouses , OPT , STEM , Visas

New STEM OPT Rules: More than Just an Extra Seven Months of Work Authorization

On March 11, 2016, the U.S. Department of Homeland Security (DHS) published its final rule on enhancements to the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering...more

H-1B Season and a Lesson from Disney

H-1B Cap season is approaching, and, with a similar flurry to file petitions for eligible specialized knowledge workers expected for April 1 as we experienced in 2015, H-1B employers should carefully consider the obligations...more

Changes Ahead for Highly Skilled Workers

On December 31, 2015, United States Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register in furtherance of President Obama’s executive action to modernize, improve and clarify certain...more

I-9 Guidance on H-1B Petition/I-94 Mismatch and Short Term Workers

In a recent meeting between the Verification and Document Liaison Committee within American Immigration Lawyers Association (AILA) and USCIS’s Verification Division and ICE Homeland Security Investigations, further guidance...more

Immigration Corner: December 2015

Where is the Foreign Affairs Manual? As of November 19, 2015, the Foreign Affairs Manual (FAM) Chapter 9 “9 FAM” has been revised, rewritten, renumbered and relocated to 9 FAM-e on the Department of State website. This...more

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more

Immigration Corner: H-1B Cap FY2016 and Aftermath, "Doing Business" for Multinational Managers, myE-Verify Available Nationwide

If you filed an H-1B petition that did not get accepted for processing under the FY2016 Cap, you are not alone. This year a record number of 233,000 petitions were filed in a mad scramble for the annual supply of 85,000 new...more

H-1Bs, H-4s and H-2Bs – Oh, My! Big developments in the H Nonimmigrant Visa Classifications, and Expanded DACA and DAPA are...

Effective May 26, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting work authorization for H-4 spouses of two groups of H-1B nonimmigrant workers: those who have an approved I-140 petition...more

3/18/2015  /  DACA , DAPA , H-1B , H-2B , H-4 Spouses , Popular , USCIS , Visas

Immigration Corner: "Extraordinary Circumstances" Under the Child Status Protection Act, E-Verify Listens to You, and It's Time to...

United States Citizenship and Immigration Services (USCIS) published an Interim Policy Memorandum (PM-602-0097) on June 6, 2014, supplementing Chapter 21.2(e) of the Adjudicator’s Field Manual regarding exercising discretion...more

7/17/2014  /  BIA , CSPA , E-Verify , H-1B , Memorandum of Guidance , USCIS

Immigration Corner: H-1B CAP Reached!

The H-1B CAP season has come to a close and both employers and employees now anxiously await confirmation that their filings have been accepted for processing. The statutory cap of 65,000, as well as the 20,000 cap under the...more

Immigration Corner - November 13, 2013

Snapshots of both big picture and meaningful small-scale developments in the world of immigration. This month: a technology giant's hefty immigration fine and its implications, an improved interactive website for...more

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