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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…

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…

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…

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…

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…

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.

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…

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…

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…

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)…