Temporary (Non-immigrant) Work Visas

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Customs and Border Protection (CBP) published a proposed rule that will substantially increase the fees for certain H-1B and L-1 petitions. The agency plans to clarify that the 9-11 Response and Biometric Entry-Exit Fee (9-11 Fee) applies to initial filings and to all extensions for employers with at least 50 employees of whom at least…

President Joe Biden announced protections for undocumented foreign national spouses of U.S. citizens who have lived in the United States for 10 years without a legal immigration status. This will protect approximately 500,000 such spouses from deportation and fear of deportation. The program is expected to launch by summer’s end.

This comes on the 12…

The Department of State announced that the United States and Japan have established a new J-1 Exchange Program – the Japanese Specialist Program. The new program specifically facilitates the exchange of Japanese language and culture specialists to observe U.S. educational methods and to share their knowledge of Japanese educational methods with U.S. colleagues.

The program…

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end of the contract term. Employers often use the contracts as a deterrent to employees leaving as soon as the immigration…

Since 2004, U.S. Customs and Border Protection (CBP) has been working on improving the systems used to document the entries and exits of nonimmigrants to and from the United States. There is no comprehensive easy-to-use system in place to collect exit data, although there are ways to report departure that the CBP characterizes as burdensome…

USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process, specifically allowing for start date flexibility, and other enhancements to the integrity of the selection process.

This is the first phase of final rules…

The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over formal education may be driving the trend. See our full article on these issues and considerations here.

USCIS previously deferred its proposed filing fee increase until early 2024 – and the increase might be coming out very soon! This increase will come on top of the increased premium processing fees that will go into effect on Feb. 26, 2024. The premium processing fee increase is approximately 12%. Some of the proposed general…

The Department of State (DOS) will begin a pilot program for issuing nonimmigrant visas inside the United States on Jan. 29, 2024. The pilot program will be available to a narrowly defined class of nonimmigrants for a limited period. Once the proof of concept is demonstrated, the DOS plans to continue and expand the stateside…

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…