The restrictions on the issuance of H-1B, L-1, and J-1 nonimmigrant “guest-worker” visas, which have been in place since June 24, 2020, expired without fanfare on March 31, 2021. As a result, U.S. consulates around the world will resume issuing H-1B, L-1, and J-1 visas without the need for an additional national interest exception
New COVID-19 Travel Restrictions for United Kingdom, Ireland, Schengen Area
When President Joe Biden revoked the immigrant visa ban, but not the nonimmigrant visa ban or 14-day travel restrictions, it seemed there might be problems ahead. New restrictions on National Interest Exceptions (NIEs) to the 14-day travel restrictions for the United Kingdom, Ireland, and Schengen Area have been issued, and many individuals currently in…
Biden Revokes Immigrant Visa Ban
President Joe Biden has revoked the immigrant visa ban because he believes it did not advance the interests of the United States, but instead harmed United States industries, families, and diversity immigrant visa lottery winners.
The ban was put in place by former President Donald Trump in April 2020 on the stated ground that…
USCIS: Premium Processing Available for E-3 Visa Change, Extension on Behalf of Australian Nationals
By Otieno B. Ombok on
Posted in COVID-19, Department of State, E-3, H-1B, Temporary (Non-immigrant) Work Visas, TN / NAFTA, USCIS
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…
Immigration Reform Bill
The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration reform, including creating paths to citizenship for undocumented immigrants, expanding the number of available visas, and creating more access for…
USCIS Rescinds Trump Era Guidance on H-1B Visas for Computer Programmers
By Jessica K. Lang on
With the H-1B cap season about to begin, there is good news for computer programmers and those who employ them. USCIS announced the immediate rescission of a 2017 guidance memo that had raised questions about whether computer programmers qualified for H-1B specialty occupation visas. The 2017 guidance, issued in the wake of the Buy American,…
USCIS Announces Opening of H-1B Cap Season
By Michael H. Neifach, Amy L. Peck & Otieno B. Ombok on
USCIS has announced that the Cap H-1B Electronic Registration will open on March 9, 2021 at noon EST and will close on March 25, 2021 at noon EST.
The process will mirror last year’s process.
USCIS also announced its timetable – 1) it intends to notify registrants and representatives regarding selection by March 31,…
USCIS Announces H-1B Lottery Process Unchanged
By Blake J. Burch & Maggie Murphy on
H-1B lottery deadlines are fast approaching, and two questions have been plaguing employers:
- When does the registration window open/close?
- Will the registration process be the same as last year?
With only weeks to go, USCIS has announced that this year’s electronic registration and lottery process will be the same as it was last year. This…
Biden Directs Review of Immigration Policies, Seeks to Reduce Unnecessary Barriers
By Michael H. Neifach, Amy L. Peck & Otieno B. Ombok on
Posted in Asylum / Refugee, Biden Administration, Citizenship, DAPA / DACA, DED, EADs, Executive Orders, H-1B, H-4, PERM, TPS, Travel Ban, Trump Administration, USCIS
On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs complete review of policies.
The first, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New…
Prevailing Wage Rule Delayed 60 Days
By Maggie Murphy on
According to a draft scheduled for publication in the Federal Register on February 1, 2021, the Biden administration plans to delay the effective date of the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States rule (Prevailing Wage Rule) for 60 days while the Department of Labor (DOL)…