Department of Homeland Security

Department of Homeland Security Update – October 2020

H1-B Visa Program: Interim Final Rule DHS has announced its interim final rule (IFR) that amounts to an overhaul of the H-1B nonimmigrant visa program with a goal to protect the U.S. labor market. According to DHS, “more than half a million H-1B nonimmigrants in the United States have been used to displace U.S. workers,”

Department of Homeland SecurityH-1B

DHS Update

U.S. Citizenship and Immigration Services (USCIS) has announced it will be bringing back expedited processing (i.e., Premium Processing) option for the Form I-129, Petition for a Nonimmigrant Worker-based filings and Form I-140, Immigrant Petition.  Importantly, the return of Premium Processing will be gradual and proceed in phases over the month of June.  Effective June 1,

COVID-19Hot off the Press

President Trump’s Executive Order

On April 22, 2020, President Trump signed an executive order pertaining to suspension of entry of immigrants into the U.S. during the period of post-COVID-19 recovery. The executive order significantly limits ability of immigrants (i.e., individuals intending to permanently immigrate to the U.S.) to enter this country over the following 60 day period unless they

COVID-19Emergency Immigration Alert

Immigration Update: COVID-19 Pandemic

Nonimmigrant Status Management at Times of COVID-19 Lay-Offs and Satisfactory Departure •  Individuals on employment-based work visas (H-1Bs, TNs, E-1s, E-2s, E-3s, O-1s, L-1s) who are suddenly laid off due to the impact of COVID-19 can still afford themselves a one-time 60 day grace period to change status to another employer-sponsored visa or apply for

COVID-19Emergency Immigration Alert

Immigration Update: COVID-19 Pandemic

H-1B Workers: Worksite Changes at Time of COVID-19 If you are employing H-1B professionals, you probably recall posting notices concerning their employment at the intended worksites with your company, and are likely aware that H-1B employment is not only employer-, but also location-specific. In these uncertain times of COVID-19 related business changes, do you have

Department of Homeland Security

DHS Update

As the H-1B annual lottery is upon us and the government is busy implementing the new electronic registration system for the capped H-1B filings, proceed with caution. The USCIS’s database is now “live” for both attorney and employers’ account creation for subsequent lottery registration. Be sure to coordinate account creation with your immigration legal counsel

Department of Homeland Security

DHS Update

U.S. Citizenship and Immigration Services (USCIS) published a Federal Register notice regarding the implementation of the electronic registration process for the upcoming H-1B petitions filing season under the congressionally mandated annual “cap.” The registration period will run from March 1, 2020 to March 20, 2020 for the Fiscal Year (FY) 2021 H-1B visa cap.  All

Department of Homeland Security

DHS Update

DHS has recently provided a notice of proposed rulemaking that would require H-1B petitioning employers to pay a $10 fee for each electronic registration they wish to submit to USCIS prior to submitting an H-1B cap-subject petition. This proposed fee is related to the DHS’s final rule of January 31, 2019 requiring H-1B cap-subject petitions’

Department of Homeland Security

DHS Update

United States Citizenship and Immigration Services (USCIS) has confirmed the return of all H-1B cap-subject petitions filed in April 2019 that were not selected for processing under the annual lottery.  The rejected petitions have been returned to petitioners or their immigration legal counsel with the filing fees.  Any petitioners that have not received either receipt

Department of Homeland Security

DHS Update

United States Citizenship and Immigration Services (USCIS) has confirmed the return of all H-1B cap-subject petitions filed in April 2019 that were not selected for processing under the annual lottery. The rejected petitions have been returned to petitioners or their immigration legal counsel with the filing fees. Any petitioners that have not received either receipt