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USCIS announced it has completed the annual H-1B selection process (“lottery”) for Fiscal Year 2024, with early reports indicating a record number of registrations submitted. Each year, it becomes increasingly difficult to obtain one of the 85,000 H-1B visas allotted under the congressionally mandated quota or “cap.” In light of the news, employers and foreign-national…

U.S. Customs and Border Protection (CBP) will no longer issue a paper Form I-94, Arrival/Departure Record, to individuals arriving to the United States at a land border. Now, the information that was on the I-94 is on the CBP’s I-94 website and available on the CBP One Mobile application.

It has taken some time…

The Department of Homeland Security set out the specifics about the upcoming new premium processing benefits in the Federal Register on March 30, 2022. The details, however, did not include any specific implementation dates, which it said depends on when the revenues exist to cover potential costs.

The plan is to make premium processing available…

For early-stage tech employers, rapid business growth can quickly lead to costly employment and immigration law missteps. Risks can be magnified when striving to attract talent. Please listen to the robust and enlightening discussion among Jackson Lewis immigration attorneys Zain Abidi and Benjamin Lau, together with Jackson Lewis employment attorney Doug Klein, here.

More business immigrant visas may become available if the latest version of the Build Back Better reconciliation bill passes.

If approved by the Parliamentarian and passed as it stands, the bill would make more immigrant visas available by:

  • Recapturing unused visa numbers from 1992 to 2021;
  • Retaining the availability of Diversity Visas from fiscal

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The country dodged a government shutdown at the end of September, but we may be faced with the same problem on December 3, 2021, when Congress will again have to fund the government. Because we often come close to a shutdown (and sometimes shutdowns happen), it is important to remember how a shutdown affects the…

The Department of Labor (DOL) has informed a federal court in California that it did not wish to defend the proposed prevailing wage rule, which would impose steep wage hikes, “at the same time that is internally evaluating the propriety of that Rule” in the challenge to stop the agency from changing the prevailing wage…

The effective date of the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigration and Non-Immigrants in the United States” (Prevailing Wage Rule) related to H-1B, H-1B1, and E-3 work visa cases, as well as for PERM cases, is delayed to November 14, 2022. The Biden Administration states that it continues…

USCIS expects to suspend biometrics requirements for H-4, L-2 and E-1, E-2, and E-3 Form I-539 applications beginning May 17, 2021, for at least 24 months. It will retain the discretion to require biometrics on a case-by-case basis.

The suspension is intended to eliminate the adjudication backlog that has prevented H-4 and L-2 spouses from…

In a surprising and welcome development to U.S. employers, USCIS today announced that employers filing E-3 visa petitions on behalf of Australian nationals will have the option of requesting premium processing when requesting a change or extension of status to E-3.

The E-3 visa for Australian professionals became law in 2005. Currently a maximum…