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.
H-1B
H-1B Update: Suspecting Fraud, USCIS Challenges, Denies Some Petitions, and Foreign Nationals Sue
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…
FY 2024 H-1B Cap Update: Second Random Selection From Previously Submitted Registrations Completed
After conducting and completing a second round of selections to reach the FY 2024 H-1B cap, USCIS has notified all prospective petitioners of their selection.
In the second round, USCIS selected an additional 77,600 registrations. The new petition filing period for those selected is from August 2, 2023, to October 31, 2023.
The last time…
USCIS Petition Requirements for Relocating H-1B Employees Are Sound, Federal Court Confirms
U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements in doing so, the U.S. Circuit Court for the District of Columbia has ruled. ITServe Alliance Inc. v. DHS, No. 22-5074 (June…
International Entrepreneur Parole Series Part 1: A Primer
Certain foreign entrepreneurs have a new pathway available to enter the United States to develop a business concept through a start-up company. Entrepreneurs who will have a central and active role in a start-up company that has attracted private investment or government funding may benefit from the International Entrepreneur Parole (IEP) program. While complex and…
Manufacturing Workforce Shortage: Strategies to Overcome the Skills Gap, H-1B Visa Shortage
Years ago, people employed in manufacturing were seen as bit players in an industrial machine, but no longer. Many manufacturing jobs today require high-level STEM (science, technology, engineering, and math) skills.
Despite encouraging U.S. students, veterans, and those in underrepresented communities to pursue careers in manufacturing, not enough prospective employees are available.
Manufacturers have their…
Visa Options for Foreign National Workers in the Life Sciences Industry
As demand for talent surges in the fast-growing life sciences industry, U.S. employers continue to face challenges in their search for immigration options to retain their high-skilled foreign workers. Please see our full publication here.
Increase in Nonimmigrant Visas Fees at Consulates Delayed to June 17, 2023
The Department of State has delayed the effective date of the increase in consular fees from May 30, 2023, to June 17, 2023 (to provide a 60-day delay after the final rule was received by Congress).
The most relevant fee increases remain:
Visa Type | Current Fee | Revised Fee |
Non-petition-based nonimmigrant visas: B/1-B/2, F, M |
Florida to Require Employers to Use E-Verify
As of July 1, 2023, all private employers in Florida with 25 or more employees will be required to use E-Verify, the federal government’s database for verifying work authorization. Enforcement of this new E-Verify requirement will begin one year after enactment on July 1, 2024.
These employers also must:
- Certify E-Verify participation on the
Nonimmigrant Visas Fees at Consulates to Increase May 30, 2023
On May 30, 2023, fees for nonimmigrant visas at all consulates abroad will increase. The increase can be avoided if the visa fee is paid on or after October 1, 2022, and before May 30, 2023, and an interview is scheduled within 365 days of payment. The interview need not take place during the 365…