On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more
10/25/2023
/ Department of Homeland Security (DHS) ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Regulation ,
Specialty Occupations ,
USCIS ,
Visa Caps ,
Visas
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
9/11/2023
/ Coronavirus/COVID-19 ,
Disaster Aid ,
Foreign Workers ,
Form I-9 ,
H-1B ,
Hawaii ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Labor Condition Applications ,
National Interest Waiver ,
OFLC ,
USCIS ,
Visas
Seyfarth Synopsis: USCIS officially announced that the number of electronic cap registrations exceeded the regular bachelor’s cap and advanced degree cap (“master’s cap”) for FY 2022. USCIS has also completed its initial...more
Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more
Seyfarth Synopsis: Previously scheduled to expire on December 31, 2020, Proclamations 10052 and 10014 have been extended by President Trump until March 31, 2021. These visa bans will continue to restrict the issuance of...more
1/5/2021
/ Corporate Counsel ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
Visas
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more
12/3/2020
/ Chamber of Commerce ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Domestic Hiring Policy ,
E-3 ,
Foreign Workers ,
Good Cause ,
H-1B ,
H-1B1 ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration and Nationality Act ,
Immigration Procedures ,
Immigration Reform ,
Motion to Set Aside the Verdict ,
PERM ,
Trump Administration ,
USCIS ,
Visas
Seyfarth Synopsis: President Trump issued a new order restricting travel to the United States by certain nonimmigrants, including those in H-1B, H-2B, J-1 and L-1 status. ...more
Seyfarth Synopsis: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will...more
12/12/2019
/ Conditional Job Offers ,
Employment Authorization Documents (EAD) ,
Filing Fees ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Job Applicants ,
Lottery ,
NAFTA ,
OPT ,
Registration Requirement ,
Regulatory Requirements ,
Trump Administration ,
USCIS ,
Vetting ,
Visa Caps ,
Visas ,
Work Permits
Seyfarth Synopsis: USCIS confirms FY 2020 H-1B petition selection is complete.
On April 10, 2019, United States Citizenship & Immigration Services (USCIS) received sufficient H-1B petitions to meet the 20,000 H-1B visa...more
On April 5, 2019, United States Citizenship & Immigration Services (USCIS) announced that it received sufficient H-1B petitions to meet the regular H-1B quota (or "cap") for Fiscal Year 2020, which begins on October 1, 2019....more
Seyfarth Synopsis: On February 11, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it revised Form I-539 and that the new version will be released on March 11, 2019. ...more
2/15/2019
/ Corporate Counsel ,
E-3 ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Reform ,
L-1 Visas ,
Non-Immigrant Visas ,
Required Forms ,
TN-Visas ,
USCIS ,
Visas
Seyfarth Synopsis: On January 31, 2019 DHS published the final rule for the electronic pre-registration of H-1B cap petitions and changed the order of selection of filings. ...more
2/1/2019
/ Department of Homeland Security (DHS) ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Registration Requirement ,
Regulatory Requirements ,
USCIS ,
Visas
Seyfarth Synopsis: Effective September 11, 2018, USCIS will suspend Premium Processing for all H-1B petitions filed at the Vermont and California Service Centers until February 19, 2019 (excluding filings by cap-exempt...more
Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions subject to the Fiscal Year (FY) 2019 cap beginning on April 2, 2018. ...more
3/22/2018
/ Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
USCIS ,
Visa Caps ,
Visas
Seyfarth Synopsis: The Department of Homeland Security (DHS) published its regulatory plan for 2018, which aligns with President Trump’s Executive Order, Buy American Hire American.
...more
12/20/2017
/ Buy America ,
Department of Homeland Security (DHS) ,
Employment Eligibility Verification ,
Executive Orders ,
F-1 Visa ,
Foreign Workers ,
H-1B ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Immigration Reform ,
Trump Administration ,
Visas
Seyfarth Synopsis: On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately it would resume premium processing for all H-1B petitions....more
Seyfarth Synopsis: On July 24, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would resume premium processing for H-1B petitions for certain cap-exempt employers effective immediately....more
Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more
4/25/2017
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
E-Verify ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Labor Condition Applications ,
Popular ,
USCIS ,
Visas
Seyfarth Synopsis: The EO orders the Departments of State, Justice, Labor, and Homeland Security to propose new rules and issue new guidance to “protect the interests of U.S. workers” and “promote the functioning of the H-1B...more
Seyfarth Synopsis: USCIS announced today that it has reached the FY 2018 H-1B Cap.
On April 7, 2017, United States Citizenship & Immigration Services (USCIS) announced that it received sufficient H-1B petitions to meet...more
Seyfarth Synopsis: USCIS recently announced that the agency will temporarily suspend premium processing for all H-1B petitions beginning on April 3, 2017. USCIS indicates the purpose of the suspension is to process H-1B...more
3/9/2017
/ Driver's Licenses ,
F-1 Visa ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
OPT ,
USCIS ,
Visa Caps ,
Visas
Seyfarth Synopsis: This Management Alert addresses Frequently Asked Questions (FAQs) from employers and foreign nationals regarding President Trump’s recent Executive Order on immigration....more
2/3/2017
/ Adjustment of Status ,
Citizenship ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Dual Citizenship ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
H-1B ,
Immigration Procedures ,
Immigration Reform ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
Passports ,
Screening Procedures ,
Travel Ban ,
Travel Delays ,
Trump Administration ,
Vetting
Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers.
On January 17, 2017, the Department of...more
12/5/2016
/ Department of Homeland Security (DHS) ,
E-1 ,
E-2 ,
E-3 ,
Employment Authorization Documents (EAD) ,
Form I-140 Petitions ,
Grace Period ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration and Nationality Act ,
L-1 ,
O-1 Aliens of Extraordinary Ability ,
Portability ,
TN-Visas ,
USCIS
Seyfarth Synopsis: USCIS completes the lottery process and receives more than 236,000 H-1B cap petitions.
On April 12, 2016, United States Citizenship and Immigration Services (USCIS) announced that it received more...more
Seyfarth Synopsis in a Second: USCIS announced that the Fiscal Year 2017 H-1B quota has been reached.
On April 7, 2016, United States Citizenship & Immigration Services (USCIS) announced that it received sufficient H-1B...more