On October 30, 2023, President Joe Biden issued an Executive Order regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The Executive Order (EO) directs departments and agencies throughout the government, including the Department of Homeland Security (DHS) and the Department of State (DOS), to develop plans and policies to establish
New USCIS Guidance for Evaluating Extraordinary Ability, Outstanding Professor, Researcher Visa Classifications
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…
Eight Fields of Study Added Under STEM OPT Eligibility for Students
As part of the Biden Administration’s initiative to retain high-skilled foreign nationals in the United States, the Department of Homeland Security announced that it is adding eight new fields as qualifying fields of study for STEM (science, technology, engineering, or mathematics) Optional Practical Training (OPT).
STEM OPT is a 24-month extension of Optional Practical Training…
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.
Increase in Nonimmigrant Visas Fees at Consulates Delayed to June 17, 2023
The Department of State has delayed the effective date of the increase in consular fees from May 30, 2023, to June 17, 2023 (to provide a 60-day delay after the final rule was received by Congress).
The most relevant fee increases remain:
| Visa Type | Current Fee | Revised Fee |
| Non-petition-based nonimmigrant visas: B/1-B/2, F, M |
Nonimmigrant Visas Fees at Consulates to Increase May 30, 2023
On May 30, 2023, fees for nonimmigrant visas at all consulates abroad will increase. The increase can be avoided if the visa fee is paid on or after October 1, 2022, and before May 30, 2023, and an interview is scheduled within 365 days of payment. The interview need not take place during the 365…
Alternatives to H-1B Visa: What to Think About
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 Issues Additional Guidance in Evaluation of O-1B (Extraordinary Ability) Nonimmigrant Visa Petitions
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 Extends Comment Period for Proposed Fee Increases
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…