The U.S. Department of State (DOS) released its Visa Bulletin for October 2022. The Visa Bulletin is a monthly DOS publication regarding immigrant visa availability. The Bulletin lists the cut-off dates that govern visa availability and determines which applicants are eligible to file for adjustment of status (final stage
Articles Discussing General Topics In Employing Immigrants.
Announcing a new final rule, the Department of Homeland Security (DHS) is officially reinstating the 2020 asylum rules in light of the court decision that said they were invalid.
In February 2022, the U.S. District Court for the District of Columbia vacated two 2020 Trump-era rules that for two years
U.S. Citizenship and Immigration Services (USCIS) announced that premium processing is now available for certain previously filed Form I-140 immigrant petitions seeking classification under the EB-1C multinational executive and manager and the EB-2 National Interest Waiver (NIW) categories. This is the third phase of the planned expansion of premium processing
After years of litigation followed by uncertainty, the Department of Homeland Security (DHS) has taken the official action of issuing a new final rule that “restores the historical understanding of a ‘public charge’ that had been in place for decades . . . .” The new rule, which goes into
The U.S. Department of State has released the October 2022 Visa Bulletin, which shows significant retrogression in the employment-based second preference (EB-2) category for individuals born in India.
Employers that sponsor foreign nationals for green cards using PERM Labor Certification have been watching as a growing number of states and localities require salary transparency in job postings. California soon may join that list.
If the amended version of California’s SB-1162, Employment: Salaries and Wages, is signed by Governor
U.S. Citizenship and Immigration Services (USCIS) recently published updated statistics in connection with immigrant visa usage for fiscal year (FY) 2022. According to the report, as of July 31, 2022, USCIS and the U.S. Department of State (DOS) had used a total of 210,593 employment-based immigrant visas, leaving a balance
Marijuana still is considered a Schedule I drug under the federal Controlled Substances Act. A conviction under the Controlled Substances Act can lead to severe consequences for a non-U.S. citizen.
Under U.S. immigration law, any non-U.S. citizen who is convicted under the Controlled Substances Act, even green card holders, who
Responding to the history of legal challenges, the Biden Administration is trying to give the DACA (Deferred Action for Childhood Arrivals) program more heft by changing it from a policy to a regulation. On October 31, 2022, a new final rule will become effective.
To the dismay of many advocates
On August 23, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it had reached its H-1B cap selections for fiscal year (FY) 2023. USCIS confirmed that it has sent nonselection notifications to registrant employers and their representatives.
For H-1B visas, employers have been hoping there will be another round of selections for FY 2023, but that is not on the horizon.
USCIS has been sending non-selection notices to registrants’ online accounts. USCIS can only send non-selection notices once it has determined that enough petitions for the regular
Before offering a foreign national a permanent position, an employer must demonstrate to the Department of Labor that it tested the market and could not find a U.S. worker to fill the role. How can an employer show it properly tested the U.S. labor market to satisfy the DOL’s
U.S. Citizenship and Immigration Services (USCIS) is encouraging certain employment-based adjustment of status (green card) applicants with approved I-140 petitions to complete their medical examinations before the end of the fiscal year (FY) on September 30, 2022.
E-Verify is phasing out a policy instituted at the onset of the coronavirus pandemic that had granted employees additional time to contact the Social Security Administration (SSA) to resolve discrepancies with their E-Verify submissions.