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
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
- 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
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
- 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
- H – Temporary workers or trainees
- J – Exchange visitors
- L – Intracompany transferees
- O – Workers with extraordinary ability or achievement
- P
H-1B Update: USCIS to Hold Second Round of Selections for FY 2025 H-1B Cap
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…
Reconsidering Repayment Agreements with Foreign Employees
It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end of the contract term. Employers often use the contracts as a deterrent to employees leaving as soon as the immigration…