News & Analysis as of

Immigration Procedures Visas Immigration and Nationality Act

Ogletree, Deakins, Nash, Smoak & Stewart,...

State Department Announces FY 2024 Visa Limits Have Been Reached for EB-1, EB-2, EB-3, EW, EB-4, and EB-5 Unreserved Categories

The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1, EB-2, EB-3, EW (other workers), EB-4, and EB-5 unreserved....more

Cozen O'Connor

Annual Limit Reached for All Immigrant Visa Categories for FY2024

Cozen O'Connor on

On Monday, September 9, 2024, the U.S. Department of State (DOS), working in close collaboration with U.S. Citizenship and Immigration Services (USCIS), announced publicly that all available immigrant visas in the...more

Seyfarth Shaw LLP

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

Seyfarth Shaw LLP on

On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

Seyfarth Shaw LLP

Navigating Visa Challenges: DOS Updates on Inadmissibility Waivers

Seyfarth Shaw LLP on

A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Deferred Enforced Departure Announced for Certain Lebanese Nationals

On July 26, 2024, President Biden announced Deferred Enforced Departure (DED) for certain Lebanese nationals for a period of eighteen months, which took effect immediately. The president also directed the U.S. Department...more

Guidepost Solutions LLC

Combating Immigration Visa Fraud with the False Claims Act

Recently, a Cincinnati-based healthcare staffing company agreed to pay $9.25 million (as well as pledging an additional $8 million for related healthcare projects) to resolve investigations into its visa sponsorship program....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Employment-Based Immigration Year in Review: Many Changes Made, Many Changes Promised

Looking back at 2023, many of the employment-based immigration changes proposed and implemented by various U.S. government agencies focused on increasing efficiency and alleviating strain on our immigration system. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

January 2024 Visa Bulletin and Visa Number Availability for the Remainder of FY 2024

U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State have significant volumes of adjustment of status and immigrant visa applications in their inventories, limiting the supply of available...more

Nilan Johnson Lewis PA

Everything You Need for the 2025 Diversity Immigrant Visa Program (DV-2025)

Nilan Johnson Lewis PA on

At the beginning of each federal fiscal year (October), the Department of State conducts a lottery called the Diversity Immigrant Visa Program. If a person is selected, they are eligible to submit an application for permanent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A Closer Look: India EB-3 Retrogression in Context

The U.S. Department of State anticipates that by July 1, 2023, all prorated employment-based third preference (EB-3) visa numbers available for Indian applicants in fiscal year (FY) 2023 will be exhausted; however, on October...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

H-4 Work Authorization Protections Upheld: Save Jobs USA v. U.S. Department of Homeland Security

A recent ruling in the U.S. District Court for the District of Columbia provides added protection and work authorization safeguards for H-4 spouses of H-1B visa holders facing potential lawsuits and administrative challenges....more

Harris Beach PLLC

Retrogression in Employment-Based Immigrant Visa Categories May Lead to Delays in Green Card Processing

Harris Beach PLLC on

The May 2023 Visa Bulletin recently published by the U.S. Department of State, brought some unwelcome news for U.S. employers seeking to sponsor foreign nationals for permanent residency through the employment-based green...more

Sherman & Howard L.L.C.

It’s Time to Plan for H-1B “Professional” Work Authorization Registrations!

The time is nearing when U.S. employers can once again register for an opportunity to get U.S. work authorization for foreign job candidates. The H-1B “professional” work authorization and related visa is much sought-after...more

Cozen O'Connor

USCIS Has Used Nearly All Available Employment-Based Immigrant Visas for FY2022

Cozen O'Connor on

On September 6, 2022, U.S. Citizenship and Immigration Services (USCIS) filed a Court Declaration indicating that the agency has used nearly all available employment-based (EB) immigrant visas for this fiscal year (ending...more

Sherman & Howard L.L.C.

Options for Ukrainian and Afghan Individuals Inside and Outside of the U.S.: Refugee Status, Humanitarian Parole, and Temporary...

With the recent humanitarian crises and armed conflicts in Ukraine and Afghanistan, refugee issues currently dominate the news cycles. Families and friends of those who have fled these conflicts are anxiously waiting to hear...more

Jackson Walker

What Immigrant Investors Need to Know About the EB-5 Reform and Integrity Act

Jackson Walker on

Substantial changes are forthcoming for the EB-5 Immigrant Investor Program as the omnibus spending bill awaits President Biden’s signature. Aside from proposing $1.5 trillion for annual expenses and aid, the omnibus bill...more

Nilan Johnson Lewis PA

Everything You Need for the 2023 Diversity Immigrant Visa Program (DV-2023)

Nilan Johnson Lewis PA on

At the beginning of each federal fiscal year (October), the Department of State conducts a lottery called the Diversity Immigrant Visa Program. If a person is selected, they are eligible to submit an application for permanent...more

Miles & Stockbridge P.C.

J-1 Clinical Service Waiver for Foreign Medical Graduates

J-1 exchange visitors who received graduate medical education or training in the U.S. are subject to the two-year foreign residence requirement under Section 212(e) of the Immigration and Nationality Act (INA). This...more

Dickinson Wright

President Proclamation 10052 Times Out: Now What for Nonimmigrant Visa Applicants?

Dickinson Wright on

April 1, 2021 marked the beginning of consular processing at U.S. consulates and embassies throughout the world without the restrictions imposed on certain nonimmigrant visa processing under Presidential Proclamation 10052,...more

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on

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

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

Harris Beach PLLC

USCIS Adds Further Uncertainty to Adjustment of Status Applications

Harris Beach PLLC on

On November 17, 2020, U.S. Citizenship & Immigration Services (USCIS) issued a Policy Alert, informing stakeholders of an update to its existing policy guidance in the USCIS Policy Manual regarding the discretionary factors...more

CDF Labor Law LLP

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program.  These rules sought to restrict access to H-1B visas by redefining the...more

Constangy, Brooks, Smith & Prophete, LLP

What You Need To Know About The October 2020 Visa Bulletin

The U.S. Department of State recently released its October 2020 Visa Bulletin reflecting an all-time high allocation of approximately 261,500 employment-based immigrant visas and signaling an unusually quick advancement of...more

Seyfarth Shaw LLP

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

Seyfarth Shaw LLP on

The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide