The media reported late January 8th that the Trump Administration, admidst strong pressure from the business and technology sectors, decided to back away from its proposal to remove the ability of Foreign Nationals to extend H-1B status past the six year limit. The U.S. Citizenship and Immigration Services (“USCIS”) confirmed that it is still conducting […]
On December 30th, 2017, the media began reporting that the U.S. Department of Homeland Security (“DHS”) was working on changing H-1B laws that permit certain H-1B employees to extend their H-1B status past the six year limit, pursuant to the American Competitiveness in the 21st Century Act (“AC21”). A change of this nature would predominantly […]
On Monday, December 18th, USCIS issued new guidance relating to the TN category for Economists which greatly reduce its applicability to qualifying Economist roles.
Foreign nationals working in financial analyst, market research analyst, or marketing specialist […]
On December 14, 2017, the Department of Homeland Security (“DHS”) announced through notice in the Federal Register its desire to make two critical regulatory changes impacting employment-based immigration. Specifically, DHS focused on the H-1B and H-4 EAD programs:
- Strengthening the H-1B Nonimmigrant Visa Classification Program – Here, DHS states that it intends to revise the […]
Bloomberg discusses with Attorney Sarah Peterson Sen. Ron Johnson’s bill to create a State Sponsored Visa Program
In a May 12th article, Bloomberg discusses with Attorney Sarah Peterson Senator Ron Johnson’s bill to create a State Sponsored Visa Pilot Program (S.1040). The article is titled The Feds Had Their Turn. Time for State-Based Visas?
On November 18, 2016, the Department of Homeland Security issued final regulations that will change a number of provisions relating to high-skilled immigration. The new rules become effective January 17, 2017. The regulations offer several positive improvements, and they also codify many of the policy positions and interpretations that USCIS has developed over the […]
Monday, October 24th, the Department of Homeland Security sent the final AC21 Regulation, titled “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” to the Office of Management and Budget (OMB) for review. It could take OMB up to 90 days to review and publish the final regulation.
USCIS just announced that effective December 23, 2016, certain filing fees will increase based on the final rule published today in the Federal Register. This filing fee increase is the first USCIS increase since November 2010. Applications and petitions postmarked or filed on or after December 23, 2016, must include these new fees or […]
Part of President Obama’s regulatory agenda relating to immigration involved creation of an “entrepreneur visa” program that would allow foreign national inventors and entrepreneurs to be able to immigrate temporarily to the United States to establish and grow a business. While certain existing visa programs already provide some entrepreneurs and researchers with a mechanism to […]
DHS today published in the Federal Register a proposed regulation that would make changes to existing rules relating to highly skilled nonimmigrant workers. The proposed changes are intended to improve and streamline the immigration process for certain workers, and the proposal contains a number of key improvements. The proposal contains a number of […]