News & Analysis as of September 18, 2024

Foreign Nationals

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The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status. less -

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

Fisher Phillips on 6/13/2024

Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

Fisher Phillips on 12/15/2023

Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...more

USCIS Expands Premium Processing in Further Effort to Reduce Immigration Backlog and Processing Delays

Fisher Phillips on 6/1/2022

Since the start of the COVID-19 pandemic, processing delays have plagued the USCIS and frustrated many employers and foreign nationals applying for and extending their visas. At its peak in January 2022, the USCIS had a...more

U.S. Customs and Border Protection in the Buffalo area recommends appointments for Canadians applying for TN and L-1 status

Mintz - Immigration Viewpoints on 4/30/2021

Although no official announcement was made, U.S. Customs and Border Protection (CBP) is now recommending that Canadian TN and L applicants schedule an appointment to present their applications when entering the United States...more

Current Travel Restrictions and the Ability to File Certain Immigration Petitions and Applications

Morgan Lewis on 8/12/2020

With successive presidential proclamations and executive orders in recent months, there can be considerable confusion around what type of immigration petitions and applications can be filed, and who can enter the United...more

What is the Impact of President Trump's Temporary Immigration Suspension?

Holland & Hart LLP on 4/24/2020

In light of the impact of COVID-19 on the U.S. labor market, on Monday President Trump tweeted “I will be issuing a temporary suspension of immigration into the United States.” Yesterday, the President signed an Executive...more

Social Security Administration Office Closures and Impact on Social Security Number Issuance

Seyfarth Shaw LLP on 3/31/2020

With the closure of Social Security Administration (SSA) offices in the wake of COVID-19, we are receiving questions concerning the impact on work authorization for individuals who may have recently entered the U.S. in a...more

Keep Immigration Requirements in Mind When Preparing Coronavirus Response Plans

Morgan Lewis on 3/5/2020

As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more

New Electronic H-1B Registration Process Confirmed for Fiscal Year 2021

Williams Mullen on 1/15/2020

U.S. Citizenship & Immigration Services (USCIS) confirmed it will utilize a new electronic registration system for the Fiscal Year 2021 H-1B lottery. By way of background, the H-1B visa program allows companies in the United...more

Mergers and Acquisitions: Seal of Approval on Work Visas

Carlton Fields on 4/30/2019

2019 is showing to be a strong year for continued activity in the mergers and acquisitions arena. ...more

Alternative Strategies for Rejected FY19 H-1B’s

Foster Garvey PC on 5/22/2018

U.S. Citizenship and Immigration Services (“USCIS”) has started returning H-1B petitions to employers whose cases were not selected in the recent H-1B lottery selection process. The USCIS reported that a total of 195,000 H-1B...more

TNs in Trouble? Responding to Recent Changes in the TN Economist Classification

Cozen O'Connor on 12/21/2017

USCIS has issued new guidance on the TN nonimmigrant classification for economists. Following a Policy Memorandum dated November 20, 2017, USCIS will no longer classify financial analysts, market research analysts, and...more

USCIS Restricts Eligibility for TN Economist Category

Kramer Levin Naftalis & Frankel LLP on 12/21/2017

United States Citizenship and Immigration Services (USCIS) has issued a policy memorandum restricting Trade NAFTA (TN) nonimmigrant classification under the profession of Economist. USCIS advises that the TN Economist...more

USCIS Announces Limitation on NAFTA Eligibility in “Economist” Classification

Epstein Becker & Green on 12/20/2017

On December 18, 2018, U.S. Citizenship and Immigration Services (“USCIS”) issued a news release announcing “clarifying policy guidance” on eligibility standards for qualifying as a TN “Economist” under the North American Free...more

What’s New in Immigration Law?

Dickinson Wright on 10/18/2017

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

Littler on 2/6/2017

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

FordHarrison on 2/2/2017

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

The Potential Impact of the U.S. Presidential Election on Business Immigration

Kramer Levin Naftalis & Frankel LLP on 11/22/2016

Immigration changes are widely expected to be a key focal point in President-elect Donald Trump’s administration. Although we do not yet have details on how specific policies and programs will be affected, below is a summary...more

H-1B Filing Season Is Here

Morgan Lewis on 1/9/2016

Now is the time for employers to assess their FY2017 H-1B needs and to start preparing their petitions for submission on April 1. On April 1, 2016, US Citizenship and Immigration Services (USCIS) will begin accepting...more

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