Skilled immigration is making headlines with renewed focus on the H-1B nonimmigrant visa program, the most popular employment-based visa for foreign professional workers. View our full legal update and insights here.
H-1B
USCIS H-1B Modernization Final Rule Effective January 17: Highlights for Employers
On Dec. 18, 2024, USCIS released the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Final Rule. First proposed in October 2023, the Biden Administration has been urged to finalize the rule. The rule codifies certain USCIS guidance by regulation. The regulation is effective Jan. 17…
Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration
By Aimee Guthat & Kimberly M. Bennett on
President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his campaign platform, to anticipate upcoming immigration action.
We expect President Trump will take swift action in the following areas through…
DHS Announces Permanent Rule for 540-Day Automatic Extension of Work Authorization Renewals
The 540-day automatic extensions of expiring employment authorization documents (EADs) will be permanent policy, according to a DHS final rule scheduled to be published on Dec. 13, 2024. The new rule will become effective on Jan. 13, 2025.
EAD applicants will be entitled to the 540-day automatic extensions if:
- They timely filed an EAD renewal application
What Canada’s Sweeping Immigration Reform Means for U.S.
Canada is reducing the number of permanent and temporary residents it will admit over the next couple of years over concerns about housing prices as well as stress on infrastructure and social services due in part to the high levels of immigration.
This may impact U.S. companies and U.S. institutions of higher education most.
For…
How Employers Can Prepare for End of Bundled Processing of Work Authorizations for H and L Dependents
By Otieno B. Ombok on
In January 2025, the settlement agreement that returned USCIS to its practice of “bundling” adjudication of extensions of stay and applications for employment authorization documents (EADs) for dependent spouses of H-1B and L-1 visa holders will expire. Without that bundling policy, some dependents and their employers could experience lengthy processing times and possible gaps in…
Not Too Late: Biden Administration Urged to Make Pro-Business Immigration Moves Now
The Biden Administration is being urged to finalize some business immigration issues before Jan. 20, 2025, when the next presidential administration takes office, including:
- Surge resources: Democratic lawmakers asked USCIS to “surge” resources to eliminate the backlog of employment authorization applications (for new arrivals and other non-citizens) using the $34 million that had been set
U.S. Embassy in Havana Restores Visa Services for 7 Work, Exchange Visas
By Sydney Wong on
Posted in B Visa, Biden Administration, Customs and Border Protection (CBP), Department of State, Exchange Visitors, Global Immigration, H-1B, H-2A, H-2B, Immigrant Visas, J-1 Exchange Visitors, J-1 Trainees, L-1A / L-1B, O-1, Other Non-immigrant Visas, P-1, Temporary (Non-immigrant) Work Visas, Travel (General), Trump Administration, US Immigration, USCIS
The U.S. Embassy in Havana has expanded visa services to include some temporary non-immigrant visas. Cuban nationals with the following approved petitions will be able to schedule visa interviews at the Embassy:
H-1B Update: USCIS to Hold Second Round of Selections for FY 2025 H-1B Cap
By Amy L. Peck on
Just as people were starting to lose hope, USCIS announced that it will soon hold a second round of selections for the FY 2025 H-1B cap. USCIS will randomly select additional registrations for unique beneficiaries from the previously submitted registrations.
There will not be a separate selection process for the master’s cap because a sufficient…
DHS Proposes Higher 9-11 Response & Biometric Entry-Exit Fee for H-1B, L-1 Visas
Customs and Border Protection (CBP) published a proposed rule that will substantially increase the fees for certain H-1B and L-1 petitions. The agency plans to clarify that the 9-11 Response and Biometric Entry-Exit Fee (9-11 Fee) applies to initial filings and to all extensions for employers with at least 50 employees of whom at least…