News & Analysis as of

United States Citizenship and Immigration Services Visas Final Rules

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... more +
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 -
Dickinson Wright

USCIS Fee Rule Update: Avoiding Filing Rejections

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The Final Rule published by United States Citizenship and Immigration Services (USCIS) adjusting certain immigration and naturalization benefit request fees went into effect on April 1, 2024. This Final Rule included the...more

Harris Beach PLLC

USCIS To Increase Filing Fees Effective April 1, 2024

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The Department of Homeland Security recently published a Final Rule in the Federal Register establishing a filing fee increase that will go into effect on April 1, 2024. The new fee schedule significantly increases several...more

Miller Canfield

Employers: Planning for the Fiscal Year 2025 H-1B Cap and Registration Process Begins Now - Changes in Effect

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Employers with candidates who require initial H-1B employment authorization should plan to submit a registration for those candidates when the H-1B electronic registration period opens on March 6, 2024. The electronic...more

Seyfarth Shaw LLP

USCIS Announces FY 2025 H-1B Cap Registration Details and Updates

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Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration...more

Holland & Knight LLP

USCIS Takes First Step Toward Modernization of the H-1B Program

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The U.S. Citizenship and Immigration Services (USCIS) has announced a final rule to enhance and modernize the H-1B program, which provides work authorization to foreign nationals who are offered U.S. positions that, in part,...more

Miller Canfield

Show Me the Money! Increased USCIS Fees Effective April 1, 2024

Miller Canfield on

The Department of Homeland Security (“DHS”) published a final rule adjusting the fees to file certain immigration applications with U.S. Citizenship and Immigration Services (“USCIS”). The new fees go into effect on April 1,...more

Holland & Hart - Employers' Lawyers

Immigration Alert: USCIS Announces H-1B Cap Registration Dates and Significant Fee Increases

United States Citizenship and Immigration Services (USCIS) made several noteworthy announcements this week regarding H-1B cap registration timing, the expansion of online filings, and fee increases for immigration and...more

Mintz - Immigration Viewpoints

USCIS to Increase Immigration Filing Fees Effective April 1, 2024

On January 31, 2024, United States Citizenship and Immigration Services (USCIS) published a final rule to adjust filing fees for most petitions and applications. The new fees take effect for petitions and applications filed...more

Seyfarth Shaw LLP

Proposed Rulemaking on H-1B Modernization

Seyfarth Shaw LLP on

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

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

USCIS Expands Premium Processing to Include Form I-539 Applications to Change Status to F, M, or J Status

On June 12, 2023, U.S. Citizenship and Immigration Services (USCIS) announced an expansion of premium processing service for applicants filing Form I-539 to change their status to F, M, or J status. The initiative is part of...more

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

State Department Delays Fee Increases for Nonimmigrant Visa and Special Visa Applications

On May 26, 2023, the U.S. Department of State announced the delay of the implementation of the final rule raising nonimmigrant visa (NIV) application processing fees and the fee for a Border Crossing Card (BCC) for Mexican...more

Dickinson Wright

DHS Publishes New Final Rule Ending Trump-Era Public Charge Restrictions

Dickinson Wright on

On September 9, 2022, the U.S. Department of Homeland Security (DHS) published a lengthy Final Rule concerning the implementation of the public charge ground of inadmissibility after several years of federal court litigation....more

Littler

DHS Rule Increases Automatic Extension of Work Authorization for Certain Eligible Renewal Applicants

Littler on

On May 4, 2022, the U.S. Department of Homeland Security issued a Temporary Final Rule (TFR) automatically extending the work authorizations for certain renewal applicants listed on the USCIS website. Normally, the DHS...more

Gibney Anthony & Flaherty, LLP

USCIS Extends EAD Auto-Extension Period

USCIS has implemented a temporary final rule to automatically extend the validity of certain expired or expiring Employment Authorization Documents (EADs) for up to 540 days. Previously USCIS permitted a 180-day...more

Jackson Walker

Judge Voids EB-5 Immigrant Investor Modernization Rule, Restoring Old Investment Amounts and Targeted Employment Area Standards

Jackson Walker on

On June 22, 2021, Magistrate Judge Jacqueline Scott Corley of the Northern District of California ruled that Former Acting Homeland Security Secretary Kevin McAleenan exceeded his statutory authority in issuing the July 2019...more

Mintz - Immigration Viewpoints

USCIS to Delay Implementation of Wage-Weighted H-1B Quota Selection Rule Until December 31, 2021

U.S. Citizenship and Immigration Services (USCIS) has made the decision to delay implementation of the rule introducing wage-weighted priority into the H-1B lottery selection system. USCIS announced that it will delay the...more

WilmerHale

Biden Administration Delays Trump-Era Rule Changing H-1B Lottery System

WilmerHale on

The Biden Administration announced that it would delay implementing a new rule promulgated in the waning days of the Trump Administration that would change the long-standing practice of allocating H-1B visas for highly...more

Littler

H-1B Cap Selection Process Update – DHS Postpones Effective Date of Final Rule

Littler on

The U.S. Department of Homeland Security (DHS) will delay the effective date of a rule issued two weeks prior to the end of the Trump administration that seeks to change how H-1B “specialty occupation” visa applications are...more

Dunlap Bennett & Ludwig PLLC

Sweeping Change to the H-1B Visa Program

The Department of Homeland Security (DHS) has published its controversial regulation to end the H-1B visa lottery as a “final rule”, leaving it to the Biden administration or a lawsuit to stop a significant change in U.S....more

Miles & Stockbridge P.C.

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random...more

Williams Mullen

DHS Issues Final Rule to Modify H-1B Lottery and Prioritize Higher Salaries

Williams Mullen on

On January 8th, the U.S. Department of Homeland Security published a final rule which will modify the H-1B lottery system. The final rule will prioritize H-1B petitions that offer Level IV wages based on the Department of...more

Mintz - Immigration Viewpoints

USCIS Publishes Final Rule Revising the H-1B Cap Lottery from a Random Lottery to a Wage-Based Selection Process

On Friday, January 8, 2021, the Department of Homeland Security (DHS) published the final rule to replace the current U.S. Citizenship and Immigration Services (USCIS) H-1B visa petition selection process based on a random...more

Gibney Anthony & Flaherty, LLP

USCIS Publishes Rule Prioritizing H-1B Cap Selection for High-Wage Earners

U.S. Citizenship and Immigration Services (USCIS) today published a final rule modifying the annual H-1B cap selection process to favor high-wage earners. The rule is set to take effect March 9, 2021, in time for the Fiscal...more

Jackson Lewis P.C.

USCIS Issues Final Rule On Modification Of H-1B Cap Selection Process

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USCIS has released its final rule on the modification of the H-1B cap selection process (“Modification Rule”) to prioritize petitions with the highest wage levels in the Federal Register. Unless the Biden administration...more

Rivkin Radler LLP

Groundbreaking Changes To The H-1B Lottery In 2021

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Today, United States Citizenship and Immigration Services (USCIS) announced a final rule that would drastically change the lottery system this year. Under the new rule, USCIS would give priority to applications offering the...more

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