The federal appeals court in the District of Columbia has placed a temporary administrative stay on implementation of a recent Federal Motor Carrier Safety Administration (FMCSA) interim final rule that would limit issuance and renewal of commercial driver’s licenses (CDLs) for non-domiciled applicants individuals. Lujan, et al. v. Federal Motor Carrier Safety Administration, et al.
FMCSA Restricting Non-Domiciled Commercial Driver’s Licenses, Announces Interim Final Rule
The Federal Motor Carrier Safety Administration (FMCSA) has announced that it has strengthened requirements for issuance and renewal of commercial driver’s licenses (CDLs) for non-domiciled applicants individuals.
The FMCSA’s interim final rule limits issuance of non-domiciled CDLs to individuals with specific lawful employment-based nonimmigrant status categories (H-2A, H-2B, or E-2).
The rule also requires…
Immigration Considerations in a Government Shutdown
By Amy L. Peck & Otieno B. Ombok on
Posted in Compliance and Enforcement, Congress, Customs and Border Protection (CBP), Department of Labor, Department of State, E-3, Fees and Penalties, H-1B, H-2B, I-9 and E-Verify, J-1 Exchange Visitors, J-1 Trainees, Other Non-immigrant Visas, PERM, Permanent Residence, Social Security Administration, Temporary (Non-immigrant) Work Visas, Trump Administration, US Immigration, USCIS
The current government funding expired at the end of the fiscal year without a continuing resolution, resulting in a government shutdown. A federal government shutdown can create ripple effects across immigration processes, but the impact varies depending on the agency.
Since USCIS is fee-funded, most operations — like processing petitions and applications — continue as…
Navigating the New H-2A and H-2B Rule: What Employers and Workers Need to Know
The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025.
The Rule is aimed at modernizing the regulations governing the H-2A and H-2B temporary worker programs — programs that are essential for U.S. employers seeking foreign labor for…
Nearly 65,000 H-2B Visas Released: What Employers Need to Know
By Michael H. Neifach on
The Department of Homeland Security has released an additional 64,716 H-2B temporary visas for non-agricultural workers. The additional visas will help employers in hospitality, tourism, landscaping, construction, seafood processing, and others that employ temporary seasonal workers.
Of the newly released visas, 44,716 are divided in three allocations (between Oct. 1, 2024, and Sept. 30, 2025)…
U.S. Embassy in Havana Restores Visa Services for 7 Work, Exchange Visas
By Sydney Wong on
Posted in B Visa, Biden Administration, Customs and Border Protection (CBP), Department of State, Exchange Visitors, Global Immigration, H-1B, H-2A, H-2B, Immigrant Visas, J-1 Exchange Visitors, J-1 Trainees, L-1A / L-1B, O-1, Other Non-immigrant Visas, P-1, Temporary (Non-immigrant) Work Visas, Travel (General), Trump Administration, US Immigration, USCIS
- H – Temporary workers or trainees
- J – Exchange visitors
- L – Intracompany transferees
- O – Workers with extraordinary ability or achievement
- P
New, Higher USCIS Filing Fees Take Effect April 1, 2024
By Amy L. Peck, Michael H. Neifach & Otieno B. Ombok on
Posted in Asylum / Refugee, EADs, Fees and Penalties, Green Cards, H-1B, H-2B, H-4, Immigrant Petitions, L-1A / L-1B, L-2, O-1, Permanent Residence, USCIS
Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed.
The H-1B filing fee, for example, will rise from $460 to $780. The ACWIA Fee (to fund the training of U.S. workers) and the…
USCIS Announces Higher Premium Processing Fees
Premium processing will become more expensive starting on February 26, 2024. According to USCIS, it is raising the fees to adjust for inflation.
The newly generated income, estimated to be approximately $185 million, will be used to respond to adjudication demands and reduce processing times throughout the agency.
USCIS has been rolling out premium…
H-2B Visa Update: Additional Temporary Nonagricultural Visas Granted for FY 2024
Congress has approved an additional 64,716 H-2B visas for fiscal year 2024, supplementing the 66,000 available annually. As in prior years, restrictions will apply. A temporary final rule has been published in the Federal Register setting out the procedures involved.
H-2B visas for temporary, seasonal nonagricultural workers are used primarily for jobs in tourism and…
Higher Enforcement Activity Expected After DOL-EEOC Partnership Agreement
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…