In February 2024, United States Citizenship and Immigration Services (“USCIS”) launched its new online Organizational Account, which allows for the online filing of H-1B petitions and enhances collaboration between clients and legal representatives. The Organizational Account automatically upgraded the legacy
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H-1B Cap Season: A Changing Landscape
March Madness will once again not fail this Fiscal Year 2025 (FY25) H-1B cap season. The shift in 2020 to the “new” H-1B registration system continues to be a work in progress. The USCIS strength and conditioning exercises will give…
USCIS Fee Hikes Effective April 1 – 4 Key Takeaways for Employers
On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) published a Final Rule to announce new filing fees for immigration and naturalization benefit requests. The rule is set to take effect on April 1, 2024.
As a predominantly fee-funded…
Coming January 29: 20,000 H-1Bs for Visa Renewal – What You Need to Know!
As outlined in an earlier Immigration Insights & Issues blog post, the U.S. Department of State (DOS) posted a proposal to resume the renewal of limited visas in the U.S. after almost 20 years via a pilot program. Finally, on…
Round Two SB 4: Texas Follows Arizona in State Preemption Attempt of Federal Border Control
Texas Governor Greg Abbott signed SB 4 on December 18, placing Texas on the course to yet another state-federal preemption challenge regarding the enforcement of immigration law regarding illegal entry to the United States (US). The bill’s provisions may go…
Trade Nafta (TN) Visa Holders Are NOT Free Agents – Spotting the Unauthorized Nonimmigrant for Form I-9 Compliance
Employers continue to face compliance challenges in determining whether a new hire is work authorized for Form I-9 purposes, given the dynamic changes in immigration policy and regulation. For instance, this year alone, U.S. Citizenship and Immigration Services (USCIS) has…
65,000 More Reasons to Get Ready: Essential H-2B Filing Strategies for FY2024
On November 3, 2023, the U.S. Department of Homeland Security (“D.H.S.”) with support of the Department of Labor (“D.O.L.”) announced that it expects to make available an additional 64,716 H-2B temporary nonagricultural visas for Fiscal Year (F.Y.) 2024. This increase…
H-1B Principals Pilot Program for Stateside Visa Reissuance – Early 2024
The Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), posted on October 17, 2023, the long-awaited proposal by the Department of State (DOS) to proceed with a pilot program to resume the renewal of nonimmigrant…
3 Tips for a Successful National Interest Waiver Petition for the STEM Worker
The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain temporary work authorization is through the H-1B category, which…
Unintended New Job Locations: 3 Key Considerations from Round 4 of the U.S. Department of Labor’s FAQs for Labor Condition Applications
Unintended new job locations have always presented issues for employers with H-1B, H-1B1, and E-3 workers. However, the issues are even more common today, given employers’ remote work policies and continued changes thereto. What are employers’ obligations when fully remote…