Articles and Blogs

On December 23, 2021, the Department of State announced that consular officers are now authorized to waive the in-person interview for individuals applying for certain non-immigrant work visas through December 31, 2022. This applies to Persons in Specialty Occupations (H-1B visas); Trainees or Special Education Visitors (H-3 visas); Intracompany Transferees (L visas); Individuals with... READ MORE

On Monday, June 22, 2020, President Trump signed an executive order regarding immigration policies and enforcement amidst the COVID-19 pandemic titled “Proclamation Suspending Entry of Aliens Who Present A Risk to the U.S. Labor Market Following the Coronavirus Outbreak” (the “Executive Order”). Most significantly, the new proclamation affects nonimmigrant visas that permit work authorization.... READ MORE

The Department of Homeland Security (“DHS”) recently announced a notice of proposed rulemaking that would require employers seeking to file cap-subject H-1B petitions to first electronically register with U.S. Citizenship and Immigration Services (“USCIS”). The proposed rule would also reverse the order that USCIS selects H-1B petitions under the H-1B cap and the advanced... READ MORE

U.S. Citizenship and Immigration Services (“USCIS”) announced on July 24, 2017 that it would resume premium processing for certain cap-exempt H-1B petitions effective immediately. Premium processing allows petitioners to pay a fee to receive a decision from USCIS within 15 calendar days. Without premium processing, wait times can extend for long periods, which delays... READ MORE

Starting on April 3, 2017, the United States Citizenship and Immigration Services (“USCIS”) will be temporarily suspending premium processing for H-1B petitions. According to the USCIS website, the suspension may last as long as six months. This suspension will likely cause difficulty and delays for employers who are looking to hire or are in the... READ MORE

On March 11, 2016, the U.S. Department of Homeland Security (“DHS”) published a final rule amending the optional practical training (“OPT”) extension available to F-1 international students in science, technology, engineering and mathematics (“STEM”) fields engaged in a standard 12-month period of OPT. Significantly, beginning May 10, 2016, the STEM OPT extension period will be... READ MORE

Executive Summary A recent policy memorandum issued by the U.S. Citizenship and Immigration Services (“USCIS”) sets binding precedent for notifying USCIS and the Department of Labor when beneficiaries are relocated to new worksites in geographical areas not specified in original H-1B petitions. Under this memorandum, when a beneficiary’s new worksite is outside the “area of... READ MORE

Now that the summer vacation season is officially upon us, it is important for employers and their nonimmigrant workers to consider the potential risks nonimmigrant workers face when traveling internationally prior to the start date of an approved H-1B petition. According to an informal immigration policy known as the “Last Action Rule,” the last... READ MORE

Executive Summary On November 20, 2014, President Obama announced the Immigration Accountability Executive Action, a series of steps directed toward reforming the United States immigration system.   As part of these initiatives, United States Citizenship and Immigration Services (“USCIS”) Director León Rodríguez announced yesterday that the Department of Homeland Security (“DHS”) is extending eligibility for... READ MORE

The Department of Homeland Security (“DHS”) recently proposed a rule that would allow certain spouses of H-1B workers to apply for employment authorization in the United States.  Click here to view the full text of the rule.  READ MORE