News & Analysis as of

Sponsors Immigration Procedures United States Citizenship and Immigration Services

Sherman & Howard L.L.C.

Don't Count on Religious Freedom Arguments to Overturn Religious Worker Visa Denials

Churches and other religious organizations can file petitions to sponsor foreign workers for religious worker (R-1) status in the United States—a status that can last up to five years. However, poor planning and well-meaning...more

Jackson Lewis P.C.

USCIS Updates Policy Manual on F, M Visa Status International Students’ Present Intent-to-Depart

Jackson Lewis P.C. on

Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM...more

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

USCIS Releases Updated Eligibility Criteria for Compelling Circumstances EADs

On June 14, 2023, the United States Citizenship and Immigration Services (USCIS) released detailed guidance regarding the eligibility criteria for the Compelling Circumstances Employment Authorization Document (EAD)...more

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

USCIS Issues Guidance on Employers’ Ability to Pay Proffered Wage to Support Employment-Based Immigrant Petitions

On March 15, 2023, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance clarifying how the agency analyzes an employer’s ability to pay the proffered wage to support immigrant petitions in the...more

Miller Canfield

U.S. Employers: H-1B Registration Process for Fiscal Year 2024

Miller Canfield on

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

Kerr Russell

H-1B Status: Cap-Subject Vs. Cap-Exempt

Kerr Russell on

The most-used type of visa status in the United States is the H-1B. To qualify, a foreign worker must have at least a bachelor degree (or U.S. equivalent) related to the field in which she will work, and be sponsored by a...more

Baker Donelson

"Uniting for Ukraine" Humanitarian Parole Program

Baker Donelson on

On April 21, 2022, the Biden Administration announced "Uniting for Ukraine," which provides a streamlined process for displaced Ukrainian citizens and their immediate family members who are outside the United States to come...more

Holland & Knight LLP

Upcoming H-1B Visa Cap Registration Period

Holland & Knight LLP on

This Holland & Knight alert details the upcoming 2023 H-1B Visa Cap Registration Period and related procedures. The registration period for the fiscal year (FY) 2023 H-1B cap will open at noon EST on March 1, 2022, and run...more

Miller Canfield

Key Deadlines Approaching for H-1B CAP Electronic Registration Process

Miller Canfield on

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

Laner Muchin, Ltd.

USCIS Announces Public Charge Rule Implementation

Laner Muchin, Ltd. on

On January 30, 2020, the U.S. Citizenship and Immigration Services (USCIS) announced it would be implementing the Inadmissibility on Public Charge Grounds final rule (Final Rule) on February 24, 2020. This implementation...more

ArentFox Schiff

There’s a New H-1B Lottery Program & Employers Must File Earlier This Year

ArentFox Schiff on

Employers will have to decide who they are sponsoring earlier this year. For a brief background, H-1B work visas are the most common work visas for foreign nationals in professional positions (which are jobs requiring at...more

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

USCIS Revises Guidance on Unlawful Presence Policy Focused on Students

U.S. Citizenship and Immigration Services (USCIS) has issued a revised final policy memorandum updating the recently implemented unlawful presence policy that changed the way USCIS calculated unlawful presence for foreign...more

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

Increased Scrutiny Coming to Nonimmigrant Visa Adjudications

Since 2004, the U.S. Citizenship & Immigration Services (USCIS) has adhered to a policy of deferring to prior determinations when adjudicating petitions for extensions of nonimmigrant status. Its memorandum of October 23,...more

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