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Qatar to Join Visa Waiver Program

Qatar will join the Visa Waiver Program (VWP). It will be the 42nd member of the VWP and the first Gulf country to qualify. The VWP allows citizens or nationals of participating countries to travel to the United States for...more

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more

New Protections for Foreign National Spouses of U.S. Citizens Announced

President Joe Biden announced protections for undocumented foreign national spouses of U.S. citizens who have lived in the United States for 10 years without a legal immigration status. This will protect approximately 500,000...more

New, Higher USCIS Filing Fees Take Effect April 1, 2024

Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed. The H-1B filing fee, for example, will rise...more

What Executive Order on AI Means for Immigration

On October 30, 2023, President Joe Biden issued an Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The Executive Order (EO) directs departments and agencies...more

Proposed Rule to Reform, Modernize H-1B Program

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements...more

Israeli Citizens, Nationals Can Apply for Visa Waiver Program Beginning Oct. 19

Beginning on October 19, 2023, eligible Israeli citizens and nationals can apply for visa-free travel to the United States under the Visa Waiver Program (VWP) through the Electronic System for Travel Authorization (ESTA)....more

Israel Added to Visa Waiver Program

On September 27, 2023, Secretary of State, Antony Blinken and Secretary of Homeland Security, Alejandro Mayorkas announced that Israel will join the Visa Waiver Program (VWP). Pursuant to the designation, beginning on...more

USCIS Extends Comment Period for Proposed Fee Increases

USCIS has proposed raising its filing fees – and the burden of those increased fees will fall primarily on employers large and small. For example, the filing fee for an H-1B visa would be raised by 70% from $460 to $780....more

H-1B Cap Season for Fiscal Year 2024 Is Fast Approaching

The H-1B cap season for Fiscal Year 2024 is fast approaching. USCIS announced on January 27th that cap registration begins on March 1st. Employers should assess their hiring needs and determine if they will sponsor foreign...more

USCIS Extends Validity of Green Cards for 24 Months for Certain Permanent Residents

Due to long processing delays, USCIS is extending the validity of green cards for 24 months for legal permanent residents who have filed a Form I-90, Application to Replace Permanent Residence Card. USCIS is doing this in...more

FY 2023 H-1B Update: USCIS Sending Not-Selected Notices

For H-1B visas, employers have been hoping there will be another round of selections for FY 2023, but that is not on the horizon. USCIS has been sending non-selection notices to registrants’ online accounts. USCIS can...more

DHS Takes Step Toward Allowing Virtual, Alternative Options for Examination of I-9 Documents

For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually...more

DHS Increases Automatic Extension of Work Authorizations for Certain Individuals

As of May 4, 2022, the Department of Homeland Security (DHS) is increasing the automatic extension of work authorization from 180 days to 540 days for certain individuals. ...more

USCIS Measures to Ease Processing Times

Just as the Biden Administration is proposing increased funding for USCIS to help reduce the agency’s backlog, USCIS is announcing future new actions to improve processing times....more

Time to Get Ready for FY 2023 H-1B Cap Season

USCIS has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022. If enough registrations to fill the cap are received by March 18...more

H-1B, L-1 Update: USCIS Adopts Policy Changes

Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward,...more

What Happens To The Immigration Agencies When The Government Shuts Down?

The country dodged a government shutdown at the end of September, but we may be faced with the same problem on December 3, 2021, when Congress will again have to fund the government. Because we often come close to a shutdown...more

USCIS Makes More Cap-Subject H-1B Selections, Technical Problems In Notice Access

USCIS made more random Cap H-1B selections on July 28, 2021. Notifications started to go out today – July 29, 2021. Due to a glitch in the USCIS system, attorneys do not yet have access to the notices (although some employers...more

7/30/2021  /  H-1B , USCIS , Visa Caps , Visas

Immigration Reform Bill

The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration...more

USCIS Announces Opening Of H-1B Cap Season

USCIS has announced that the Cap H-1B Electronic Registration will open on March 9, 2021 at noon EST and will close on March 25, 2021 at noon EST. The process will mirror last year’s process. USCIS also announced its...more

USCIS Issues Final Rule On Modification Of H-1B Cap Selection Process

USCIS has released its final rule on the modification of the H-1B cap selection process (“Modification Rule”) to prioritize petitions with the highest wage levels in the Federal Register. Unless the Biden administration...more

Judge Strikes Down Administration Rules Restricting Employers’ Use Of Visas

On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B...more

Proposal To Prioritize H-1B Petitions With Highest Wage Levels

Having instituted a new on-line registration process for Cap H-1B petitions last year, on November 2, 2020, the Department of Homeland Security (DHS) issued a notice of proposed rulemaking to replace the random selection...more

Suits Challenge New Rules On H-1B And PERM Labor Certification Programs

Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the...more

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