Insight, News, and Strategy on Immigration Matters Around the World
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…
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…
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…
