In January 2021, the United States designated Cuba as a State Sponsor of Terrorism, which affected travelers who came to the United States on the Visa Waiver Program (VWP). The Electronic System for Travel Authorization (ESTA) is an automated system
Latest from Buchanan Immigration Law
Not Selected in the H-1B Lottery? Explore Some Alternatives to the H-1B Visa for Employment in the U.S.
The H-1B program is one of the most sought-after options for nonimmigrant visas among professionals seeking to work in the United States. However, the lottery process designed to select individuals whose employers may submit petitions requesting the H-1B classification has
USCIS Confirms the Filing Procedure for I-140 Petitions Using the New Labor Certification (PERM) Form Version
Employers wishing to sponsor foreign national workers for permanent residency, commonly referred to as a green card, must generally follow the permanent labor certification process (PERM). This process requires employers to test the job market for any U.S. workers who
USCIS to Conduct Second Random Selection for FY 2025 H-1B Regular Cap Registrations
On July 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it will be conducting a second random selection from previously submitted H-1B electronic registrations for the fiscal year 2025 H-1B regular cap. This follows the initial selection that
Overruling of Chevron: Immigration Law Implications
On June 28, 2024, the U.S. Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo, overturning the long-standing precedent established in Chevron, U.S.A., Inc. v. Natural Resources Defense Council. Since 1983, Chevron had guided courts to afford
Update on New Immigration Initiatives by President Biden
On June 18, 2024, President Biden unveiled new policies through the U.S. Department of Homeland Security (DHS) aimed at keeping American families together and easing the visa process for U.S. college graduates, including Deferred Action for Childhood Arrivals (DACA) recipients
Updated USCIS Guidance on Untimely Filed Extensions of Stay and Change of Status Requests
On January 24, 2024, USCIS issued updated policy guidance to address when USCIS may excuse untimely filed extensions of stay and change of status requests.
The guidance reminds employers and employees that USCIS generally does not approve an extension of
State Department Announces Details of Pilot Program for Domestic Renewals of H-1B Visas Issued in Canada and India
On December 21, the State Department released the long-awaited details of a previously announced pilot program that will allow qualified noncitizens to renew their H-1B nonimmigrant visas within the United States. This program aims to assess the technical and operational
Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence: Immigration Initiatives to Support AI Experts
On October 30, 2023, in a recent executive order titled “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” the President of the United States emphasized the importance of responsible AI development and outlined various
H1B Cap – Eight Times as Many Filings as Available Numbers!
On April 28, 2023, USCIS announced that for Fiscal Year 2024 (begins October 1, 2023), it received 758,994 eligible H1B registrations. This is an astonishing number compared to the 474,421 registrations received in Fiscal Year 2023, and even more astonishing