News & Analysis as of

Third-Party United States Citizenship and Immigration Services

Lippes Mathias LLP

USCIS Proposed Rule to Modernize H-1B Program — Should Employers Be Happy or Worried?

Lippes Mathias LLP on

USCIS released a proposed rule that aims to update and modernize the H-1B program by publishing a Notice of Proposed Rulemaking (NPRM) to amend current regulations. The proposed rule covers a wide range of issues related to...more

Tonkon Torp LLP

DHS Publishes Regulation Impacting H-1B Program

Tonkon Torp LLP on

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) that significantly revises the "specialty occupation" H-1B legal standard, among other changes. The regulation is...more

Fox Rothschild LLP

BREAKING NEWS: DHS Issues Interim Final Rule Regarding The H-1B Visa Program

Fox Rothschild LLP on

Just released by USCIS: The U.S. Department of Homeland Security has announced an interim final rule (IFR) that strengthens the H-1B nonimmigrant visa program to protect U.S. workers, restores integrity to the H-1B program,...more

McCarter & English, LLP

USCIS Eases Policy Guidance Around The Adjudication Of Certain H-1B Petitions

On June 17, USCIS rescinded two policy memoranda and updated policy guidance dealing with the employer–employee relationship for H-1B petitions, including third-party site placements, and contracts and itineraries...more

Harris Beach PLLC

ITServe Alliance, Inc. v. Cissna Settlement Offers a Reprieve for H-1B Third-Party Placements…At Least for Now!

Harris Beach PLLC on

For nearly 10 years, employers, primarily in the technology sector, have had to navigate a complex maze of document requirements to comply with U.S. Citizenship and Immigration Services (USCIS) policy under what is known as...more

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

Recent USCIS Settlement Offers Substantial Relief to H-1B Employers

Following the March 10, 2020, decision of the U.S. District Court for the District of Columbia in ITSERVE Alliance, Inc. v. Cissna, U.S. Citizenship and Immigration Service (USCIS) has agreed in a settlement to rescind the...more

Carlton Fields

Three Takeaways From The DOL's New Labor Condition Application Form

Carlton Fields on

Effective Nov. 19, U.S. employers seeking to file H-1B, H-1B1 and E-3 petitions (extension, new or amendment) must use the new ETA 9035 form, the legally required Labor Condition Application (LCA). The most important changes...more

Burr & Forman

H-1B Visas and Third Party Worksites

Burr & Forman on

Every year, U.S. employers seeking highly skilled foreign professionals submit their petitions to U.S. Citizenship and Immigration Services (USCIS) with the hope of receiving an H-1B number. Since 1990, Congress has limited...more

Miller Canfield

USCIS Outlines Tougher Requirements for Third-Party Placement for H-1B Workers

Miller Canfield on

Reporting requirements for employers increased this week with regard to third-party placement of H-1B foreign workers. Previously, United States Citizenship and Immigration Services (USCIS) required H-1B employers to provide...more

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