H-1B

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USCIS announced it has completed the annual H-1B selection process (“lottery”) for Fiscal Year 2024, with early reports indicating a record number of registrations submitted. Each year, it becomes increasingly difficult to obtain one of the 85,000 H-1B visas allotted under the congressionally mandated quota or “cap.” In light of the news, employers and foreign-national…

USCIS shared updated guidance on how it will evaluate evidence for petitions seeking O-1B classification as individuals of Extraordinary Ability in the Arts or in the Motion Picture and Television Industry (MPTV).

The updated guidance, released on March 3, 2023, is found in the USCIS Policy Manual, Volume 2, Part M, Chapter 4 O-1 Beneficiaries.…

USCIS has proposed raising its filing fees – and the burden of those increased fees will fall primarily on employers large and small. For example, the filing fee for an H-1B visa would be raised by 70% from $460 to $780. The registration fee for Cap H-1Bs would increase from $10 to $215. On top…

For the first time in almost 20 years, the U.S. Department of State (DOS) may resume issuing nonimmigrant visas within the United States later this year. Reports indicate that a pilot program will allow stateside renewal of H-1B and L-1 visas.

The Department of Homeland Security has exclusive jurisdiction within the United States over the…

The H-1B cap season for Fiscal Year 2024 is fast approaching.  USCIS announced on January 27th that cap registration begins on March 1st. Employers should assess their hiring needs and determine if they will sponsor foreign workers for H-1B classification this year. Now is the time to begin preparing.

The H-1B visa…

In a settlement agreement signed on January 19, 2023, USCIS agreed to “bundle” the adjudication of dependent applicants’ Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) with the primary applicant’s Form I-129 (Petition for Nonimmigrant Worker) if the forms are filed together as one package.

Stemming from a settlement…

Hoping to recover some of its operating costs, reduce backlogs, and reestablish timely case processing, USCIS is proposing to adjust its fees for the first time since 2016.

The proposed rule is predicted to generate close to an additional $2 billion per year, on average, for USCIS by keeping humanitarian case fees low and adding…

Prior to 2021, collegiate student-athletes were not able to make sponsorship deals and profit from their names, images, and likenesses (NILs). However, in 2021, that changed when the NCAA adopted a new policy allowing student-athletes (those headed for professional teams, as well as less prominent players) to profit from, and build their brands, while in…

U.S. Customs and Border Protection (CBP) will no longer issue a paper Form I-94, Arrival/Departure Record, to individuals arriving to the United States at a land border. Now, the information that was on the I-94 is on the CBP’s I-94 website and available on the CBP One Mobile application.

It has taken some time…

For employers that hire foreign nationals, whether as local hires already in the country or as transferees from foreign affiliates, immigration processing delays have been exacerbated during the COVID-19 pandemic. Companies in the manufacturing sector have had to deal with unexpected unpredictability in project planning, as well as increased costs. Please see our full publication…