U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements in doing so, the U.S. Circuit Court for the District of Columbia has ruled. ITServe Alliance Inc. v. DHS, No. 22-5074 (June
Forrest G. Read IV
Forrest Read is a Principal in the Raleigh, North Carolina, office of Jackson Lewis P.C. He has extensive experience in both business immigration law and employment law and has particular focus in legal issues in graduate medical education (GME).
Mr. Read's immigration practice focuses on assisting employers in obtaining employment-based nonimmigrant visas (e.g., H-1B, L, O, TN) for foreign national employees and work-related immigrant (green card) visas, including PERM Labor Certifications, and advising employers on compliance with U.S. immigration laws and regulations. He has broad experience in advising large, mid-size and small employers on their various immigration needs and developing strategies to help them navigate through complex immigration issues. He also has particular experience in counseling employers in the health care industry and addressing immigration-related issues that arise for their broad range of health care professional employees (including advising on and obtaining employment authorization for medical residents and fellows and obtaining J-1 visa waivers for foreign national physicians completing their medical training in the United States). His immigration practice also includes defending employers in connection with Department of Labor H-1B and H-2B investigations.
Mr. Read’s employment law experience includes representing management, particularly academic medical centers in the GME context, in a wide array of workplace disputes and litigation before federal and state courts and administrative agencies, including matters related to discrimination, retaliation, harassment, disability, family and medical leave, various wage and hour issues, contracts, and intentional torts. He advises academic medical centers on the interplay between applicable academic law and employment law and the ramifications of what are divergent legal requirements and standards. Mr. Read also provides counsel with respect to the legal impact of competency standards for residents and trainees in GME, including situations involving discipline, remediation, and dismissal. He provides advice and guidance in the peer review process, including provision of verification and assessment of training in response to third party inquiries.
As a member of the Firm’s Corporate Diversity Counseling group, Mr. Read also has experience in providing assessments and making recommendations to corporate and institutional clients with respect to diversity and inclusion policies and initiatives, conducting related internal investigations, and shaping, developing and enforcing effective policies and initiatives to ensure consistency with client values and in furtherance of business goals and objectives.
Increase in Nonimmigrant Visas Fees at Consulates Delayed to June 17, 2023
The Department of State has delayed the effective date of the increase in consular fees from May 30, 2023, to June 17, 2023 (to provide a 60-day delay after the final rule was received by Congress).
The most relevant fee increases remain:
| Visa Type | Current Fee | Revised Fee |
| Non-petition-based nonimmigrant visas: B/1-B/2, F, M |
Nonimmigrant Visas Fees at Consulates to Increase May 30, 2023
On May 30, 2023, fees for nonimmigrant visas at all consulates abroad will increase. The increase can be avoided if the visa fee is paid on or after October 1, 2022, and before May 30, 2023, and an interview is scheduled within 365 days of payment. The interview need not take place during the 365…
USCIS: No Supporting Docs Needed to Update Gender on Immigration Forms
USCIS announced that it is no longer necessary to provide supporting documentation to change or update a prior gender selection on immigration forms. The intention is to “reduce barriers to travel, employment, services, and benefits by eliminating delays and preventing discrimination and harassment due to inconsistent identity documents.”
USCIS will be changing its forms to…
Instructions for Somalia Temporary Protected Status Extension, Redesignation Issued
The Department of Homeland Security (DHS) has published instructions on how to apply for the extended and redesignated Temporary Protected Status (TPS) for Somalia.
In February 2023, DHS extended and redesignated TPS for Somalia until September 17, 2024.
Applications for re-registration and employment authorization document (EAD) extensions should be made during the reregistration period: March…
Somalia Temporary Protected Status (TPS) Extension, Redesignation
The Department of Homeland Security (DHS) has announced the extension and redesignation of Temporary Protected Status (TPS) for Somalia for 18 months from March 18, 2023, to September 17, 2024.
The extension will allow approximately 430 Somali nationals who are already in TPS to extend their status and renew their employment authorization documents (EADs). It…
Humanitarian Parole Program for Cubans, Haitians, Nicaraguans, Venezuelans with Sponsorship
As of January 6, 2023, Cubans, Haitians, Nicaraguans, and Venezuelans and their immediate family members may be eligible for safe passage into the United States for up to two years as parolees if they have a financial supporter. This program is like the Uniting for Ukraine program. Organizations, including companies, can provide the financial…
Update: Ethiopia Designated for Temporary Protected Status (TPS)
Ethiopia has been designated for Temporary Protected Status (TPS) for 18 months beginning on December 12, 2022 and extending until June 12, 2024. Only Ethiopians already residing in the United States as of October 20, 2022, who can also demonstrate continuous physical presence since December 12, 2022, will be eligible to register. Eligible applicants will…
Diversity Visa Program Open for FY 2024
The Diversity Visa (DV) Lottery is open for FY 2024. Applications may be filed online until 12:00 p.m. ET on November 8, 2022.
The DV Lottery program makes 50,000 immigrant visas (“green cards”) available every year to applicants from countries with low rates of immigration to the United States. Eligible individuals must meet certain requirements…
DHS Announces 18-Month Extension for Burma TPS
The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for Burma for an additional 18 months from November 26, 2022, through May 25, 2024, due to the extraordinary and temporary conditions in Burma that prevent individuals from safely returning. This means that approximately 1,000 current beneficiaries will be able to remain in…