Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM application or an immigrant visa petition does not mean the student cannot demonstrate their intention to

USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process, specifically allowing for start date flexibility, and other enhancements to the integrity of the selection process.

This is the first phase of final rules

Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed.

The H-1B filing fee, for example, will rise from $460 to $780. The ACWIA Fee (to fund the training of U.S. workers) and the

The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over formal education may be driving the trend. See our full article on these issues and considerations here.

USCIS previously deferred its proposed filing fee increase until early 2024 – and the increase might be coming out very soon! This increase will come on top of the increased premium processing fees that will go into effect on Feb. 26, 2024. The premium processing fee increase is approximately 12%. Some of the proposed general

The Department of State (DOS) will begin a pilot program for issuing nonimmigrant visas inside the United States on Jan. 29, 2024. The pilot program will be available to a narrowly defined class of nonimmigrants for a limited period. Once the proof of concept is demonstrated, the DOS plans to continue and expand the stateside

Premium processing will become more expensive starting on February 26, 2024. According to USCIS, it is raising the fees to adjust for inflation.

The newly generated income, estimated to be approximately $185 million, will be used to respond to adjudication demands and reduce processing times throughout the agency.

USCIS has been rolling out premium

Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS or the Department of State – H-1Bs, H-1B1s, and E-3s – require the following.

  • Notice must be given to U.S. workers at the relevant worksite(s) in

USCIS has issued new policy guidance on L-1 intracompany transfer petitions addressing sole proprietorships and Blanket L petitions.

There are two highlights:

  • USCIS has clarified that sole proprietorships cannot file L petitions on behalf of the owner, i.e., the sole proprietor. USCIS distinguishes sole proprietorships from self-incorporated entities such as a corporations or limited liability

USCIS has issued new policy guidance explaining how it determines whether a beneficiary has met the two-year home residence requirement applicable to nonimmigrant exchange visitors in J status.

Individuals in J status come to the United States to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research