United States Citizenship and Immigration Services (USCIS) has released data showing the total number of annual H-1B lottery registrations received for the upcoming fiscal year (FY) 2022. Under the electronic registration process, now in its second year of operation, petitioning employers were already aware of the annual quota (“cap”) being
Articles Discussing Employment-Related Visas.
Delays to H-1B Rules Changes, Administration Advises
Citing the need to adequately assess their potential impact, the Biden Administration seeks to delay, or reverse, in some cases, a triumvirate of rules issued by the previous administration aimed to dramatically change the H-1B process. These include a rule substantially raising prevailing wages, a rule changing the definition of
Summer Is Here: International Vacation Travel During a Pandemic
International travel during the COVID-19 pandemic has been challenging, but conditions are finally improving. Many Americans are now vaccinated against COVID-19. The latest CDC reporting indicates 50.9% of the U.S. population has received at least one vaccine dose and more than 41% of the U.S. population has been fully vaccinated.
J-1 Visas and Summer Workers
As several cities are allowing businesses to resume their operations to pre-pandemic levels, many employees are being called back to on-site work. Thankfully, schools have been welcoming children for in-person learning for several months now, and parents are hoping to send them to summer camps. Approximately 26 million American children
H-2B Visas for Summer Season
By June 1, 2021, Department of Homeland Security (DHS) had received more H-2B visas petitions than the allotted 16,000 slots for returning workers. A lottery will be conducted to determine which petitions will be accepted for processing.
DHS announced in April that it will release 22,000 more H-2B visas for
Litigation Over H-4 EAD Rule Progresses
Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland Security (DHS) in defending the H-4 EAD rule.
In 2014, the Obama Administration published the H-4
USCIS Updates Visitor Policy in Response to CDC Guidance on Fully Vaccinated People
Based on the Centers for Disease Control and Prevention’s (CDC) updated guidance, USCIS is opening its doors to “unmasked,” “fully vaccinated” people.
According to USCIS’ new visitor policy:
Fully vaccinated people (those who are at least two weeks out from a dose of a single-dose vaccine or the second
Prevailing Wage Rule for High-Skilled Foreign Workers Effective November 2022
The effective date of the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigration and Non-Immigrants in the United States” (Prevailing Wage Rule) related to H-1B, H-1B1, and E-3 work visa cases, as well as for PERM cases, is delayed to November 14, 2022. The Biden Administration
Delays Persist at U.S. Consulates Worldwide, Even in Wake of Biden Administration’s Lifting of Various Visa Suspensions
On March 31, 2021, the Trump administration’s Proclamation 10052, which had suspended the entry of certain H-1B, H-2B, J, and L nonimmigrant visa holders and their dependents to the United States, expired. In addition, on February 24, 2021, the Biden administration lifted Proclamation 10014, which had suspended the entry of
USCIS to Suspend Biometrics Requirement for Certain Nonimmigrant Dependent Applications
On May 3, 2021, U.S. Citizenship and Immigration Services’ (USCIS) acting associate director of the Service Center Operations Directorate, Connie L. Nolan, indicated in a court filing that USCIS is finalizing a policy that will temporarily suspend the requirement to submit biometrics for certain individuals filing Form I-539, Application to
USCIS to Suspend Biometrics Requirements for Certain Visa Applications
USCIS expects to suspend biometrics requirements for H-4, L-2 and E-1, E-2, and E-3 Form I-539 applications beginning May 17, 2021, for at least 24 months. It will retain the discretion to require biometrics on a case-by-case basis.
The suspension is intended to eliminate the adjudication backlog that has prevented
Good News for Employers Seeking to Renew Employee Visa Petitions
By: Good News for Employers Seeking to Renew Employee Visa Petitions
On April 27, 2021, USCIS issued guidance to its officers instructing them to give deference to prior USCIS determinations when adjudicating petitions and applications involving the same facts and parties. This guidance reinstates USCIS’ 2004 policy memorandum memorializing a deference
USCIS Reinstates ‘Prior Deference’ Policy in Adjudicating Extensions of Visa Matters Involving Same Parties and Facts
On April 27, 2021, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance “instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.” This USCIS policy update reverts back
More H-2B Visas to be Released, DHS Announces
The Department of Homeland Security (DHS) has announced that it plans to release 22,000 more H-2B visas in addition to the 66,000 H-2B visas available annually, reserving 6,000 for the Northern Triangle countries of Guatemala, El Salvador, and Honduras.
U.S. employers may bring foreign nationals to this country to fill
New USCIS Policy on P-1 (Internationally Recognized Athletes) Eligibility Requirements
USCIS has issued a new policy guidance clarifying eligibility requirements for internationally recognized athletes (P-1A nonimmigrants). Effective immediately, the policy applies to P-1A petitions filed on or after March 26, 2021.
The policy explains some of the statutory definitions. For instance, a “major United States sports league” means one that