On October 17, 2023, the Department of State (DOS) took the first steps to implement stateside processing of nonimmigrant visas. The DOS notified the federal Office of Information and Regulatory Affairs that it will introduce a pilot stateside processing program on a limited basis in the first quarter of 2024. Those able to utilize stateside

The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts.

Based upon a Memorandum of Understanding (MOU), the agencies are “forming this partnership to encourage greater coordination between them through information sharing, joint investigations, training and outreach.” This

USCIS has published a proposed rule that, once implemented, would significantly reform and modernize the H-1B Program. The Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers Rule has been released for Notice and Comment by the Department of Homeland Security (DHS).

The stated purpose is to streamline

The U.S. Supreme Court has finally put an end to the litigation that has dogged STEM OPT for years. On October 2, 2023, the Court refused to hear the technology workers’ union’s challenge to the Obama-era program that allows graduates in STEM fields to work in the United States for up to three years.

The

By September 30, 2023, Congress will again have to fund the government. Despite ongoing efforts by the administration and Congress, indications are that a shutdown may occur at the beginning of the fiscal year, on October 1. Should a shutdown occur, it will affect a number of immigration- and visa-related agencies and processes.

USCIS

Because

This is the first of a two-part series on the three factors to consider when evaluating the possible impact a job change could have on a certified PERM labor certification and a foreign national’s green card process.

Typically, unless the foreign worker qualifies for an exception, employers sponsoring a foreign national for permanent residency (a

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual (PM) to provide guidance to USCIS officers on evaluating eligibility criteria for the EB-1A (extraordinary ability) and EB-1B (outstanding professor or researcher) employment-based immigrant visa classifications.

The EB-1 immigrant visa classifications are important methods for employers to sponsor outstanding talent in the United States

As the United States carries out projects funded by the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act, the manufacturing industry must prepare to face staffing challenges in meeting future demand. Immigration can help address the demand. Please see our full article here.

USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted on behalf of the same individual.  

Of course, it is possible for more than one company to file a valid