The U.S. government has adjusted export control regulations in an effort to protect U.S. national security interests. The revisions primarily affect export of electronic computing items and semiconductors to prevent foreign powers from obtaining critical technologies that may threaten national security. As manufacturers are facing increased demand for their products and critical labor shortages, they
Industry Specific
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…
Litigation Against OPT, STEM OPT Programs Ends With U.S. Supreme Court Denial of Petition to Review
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…
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…
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.
H-1B Cap Season for Fiscal Year 2024 Is Fast Approaching
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…
H-2B Update: Nearly 65K Temporary Nonagricultural Visas Added to FY 2023 Allocation
The Department of Homeland Security (DHS) in conjunction with the Department of Labor (DOL) will be starting the fiscal year by making an additional 64,716 H-2B temporary nonagricultural worker visas available. This is on top of the 66,000 normally available.
This move represents a change in strategy. Instead of waiting, the agencies announced the…
Air Travelers No Longer Required to Present Negative COVID-19 Test
As of 12:01 a.m. on Sunday, June 12, 2022, passengers flying to the United States from abroad will no longer need to present a negative COVID-19 test to board (or prove that they have recovered from COVID-19 within the prior 90 days). Non-U.S. citizens, including those entering on temporary visas (with limited exceptions), must still…
Expedited Renewal Processing for Foreign Nationals in Healthcare
The onset and persistence of the COVID-19 pandemic has only exacerbated the shortage of healthcare workers in the United States, especially in rural areas. Periodic spikes in infection levels has sped burn-out among healthcare workers. There are many foreign nationals who can and do fill these healthcare roles including those in Temporary Protected Status (TPS)…