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Home > Federal Law Articles > Immigration > Visas

Articles Discussing Employment-Related Visas.

Time to Get Ready for FY 2023 H-1B Cap Season

February 1, 2022 | Jackson Lewis Filed Under: Visas

Jackson Lewis

USCIS has announced that H-1B Cap registration will start on March 1, 2022, at noon (Eastern) and will continue through noon (Eastern) on March 18, 2022.

If enough registrations to fill the cap are received by March 18 (which is likely), USCIS will randomly select registrations and send selection notifications

O-1 Visas Abound: USCIS Provides Detailed Guidance on O-1 Visa Eligibility

January 28, 2022 | Jackson Lewis Filed Under: Visas

Jackson Lewis

USCIS’s new guidance for O-1 petitions provides a detailed overview of the different O-1 classifications: O-1A, O-1B Arts, and O-1B Motion Picture and Television (“MPTV”). The guidance also provides detailed standards for adjudicating O-1 petitions under each O-1 classification and the use of comparable evidence to satisfy one or more

DHS Expands STEM-Designated Degree Program List

January 27, 2022 | Ogletree Deakins Filed Under: Visas

F-1 nonimmigrant students who have U.S. degrees in certain programs in the fields of science, technology, engineering, or mathematics (STEM) are eligible to apply for a twenty-four-month extension of Optional Practical Training (OPT), in addition to the standard twelve months of OPT available to all F-1 nonimmigrant students.

Avoiding Immigration-Related Litigation in the Current Labor Market

December 30, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

According to the U.S. Bureau of Labor Statistics, the number of unfilled job openings increased by over three million in the last year. The construction industry has been particularly hard hit by labor shortages, causing many employers to turn to alternative hiring sources, including recruitment and hiring of foreign nationals. This can be a consistent and reliable source of labor in an otherwise difficult market.

White House, State Department Announcements on Travel Restrictions, Visa Interviews, and More

December 29, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

As 2021 comes to an end, the White House and the Department of State have announced:

South African Travel Restrictions Lifted.

The 14-day travel restrictions on southern African countries will be lifted as of midnight on December 31, 2021. Adopted on November 29th, the restrictions based on spread of the


State Department Authorizes Consular Officers to Waive Interviews for Certain Nonimmigrant Visa Applicants Through 2022

December 29, 2021 | Ogletree Deakins Filed Under: Visas

The U.S. secretary of state, in consultation with the U.S. Department of Homeland Security (DHS), has authorized consular officers to waive in-person interviews for certain nonimmigrant visa applicants through the end of 2022.

Senate Advisor Rejects BBBA’s Provision on Work Authorization for Certain Unauthorized Aliens

December 17, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

Senate Parliamentarian Elizabeth MacDonough has ruled for a third time that specific immigration provisions in the Build Back Better Act (BBBA) granting parole and work authorization to unauthorized aliens who entered the United States before January 1, 2011, cannot be included in the reconciliation bill because the policy changes outweigh

Current Pandemic-Related Regulations for Business Travel to the United States, Germany, and the EU

December 16, 2021 | Ogletree Deakins Filed Under: Visas

Recently, due to the availability of COVID-19 vaccines, many countries decided to lift their entry restrictions or change them in such a way that travelers who had recovered from COVID-19 infections or been vaccinated were allowed entry. Here is an overview of some of the current entry requirements for international

USCIS Temporarily Waives 60-Day Rule for Civil Surgeon Signatures

December 16, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

Applicants for Adjustment of Status to Permanent Residence will have more than 60 days after completing their medical examinations to file their Forms I-485 Adjustment of Status applications, USCIS has announced.

Due to COVID-19-related delays, USCIS has temporarily waived the requirement that a civil surgeon sign the Form I-693, Report

USCIS Reaches Settlement Agreement for H-1B Petitions in Madkudu v. USCIS

December 3, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

USCIS entered into a settlement agreement in Madkudu v. USCIS that may signal changes in how USCIS will determine which positions qualify as a “specialty occupation” for H-1B purposes. During the Trump Administration, USCIS often denied cases because more than one degree would meet the requirements for the position. The

USCIS Conducts Third H-1B Lottery for FY 2022

November 26, 2021 | Ogletree Deakins Filed Under: Visas

In a move not seen since the introduction of the electronic H-1B registration process, U.S. Citizenship and Immigration Services (USCIS) announced a third round of lottery selections for the fiscal year (FY) 2022 H-1B cap season.

USCIS Revises Policy Regarding Employment Authorization for H-4, L-2, and E Dependent Spouses

November 19, 2021 | Ogletree Deakins Filed Under: Visas

On November 12, 2021, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance addressing the automatic extension of employment authorization for H-4, L-2, and E dependent spouses in response to a class action lawsuit.

USCIS Settlement Agreement Provides Some Relief to H-4 and L-2 Spouse EAD Renewal Applications

November 12, 2021 | Ogletree Deakins Filed Under: Visas

On November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) settled the class action lawsuit Shergill v. Mayorkas. The settlement agreement will update USCIS policy related to certain H-4 and L-2 spousal Employment Authorization Document (EAD) applications. Notably, the settlement agreement provides for an automatic extension of employment authorization for

USCIS Settlement Agreement Will Expand Work Eligibility Authorization for L-2 and H-4 Visa Holders

November 12, 2021 | Littler Filed Under: Visas

Littler

Following months of crisis-level processing times for Form I-765 Applications for Employment Authorization on behalf of dependent spouses in L-21 and H-42 nonimmigrant visa status, the U.S. Citizenship and Immigration Service (USCIS) has entered into a settlement agreement in Shergill v. Mayorkas, which expands opportunities for certain L-2 and H-4 visa

H-1B, L-1 Update: USCIS Adopts Policy Changes

November 12, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

Nonimmigrant spouses of H-1B and L-1 visa holders with long-pending EAD applications have finally received some relief. Based upon a settlement in Shergill v. Mayokas, USCIS is making major policy changes. Going forward, certain H-4 spouses with pending EAD applications will be entitled to 180-day automatic extensions of their EAD

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