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 employees move residences?  Does the employer have any obligations when requiring fully remote workers to …

USCIS Redefines Dates For Filing Chart Application as to Child Status Protection Act Age

United States (US) Citizenship and Immigration Services (USCIS) provided welcome updated guidance to its Policy Manual regarding when an immigrant visa “becomes available” for the purpose of calculating the Child Status Protection Act (CSPA) age for certain foreign national derivatives. The updated guidance was effective immediately on February 14, 2023.  Under previous CSPA guidance, published …

Employer Tips for the Fiscal Year 2023 H-1B Cap Registration Process

U.S. Citizenship and Immigration Services (USCIS) introduced a new H-1B cap registration process for fiscal year (FY) 2021. This process was continued for the FY 2022 H-1B cap lottery, and it will be substantially the same for the FY 2023 H-1B cap lottery. For FY 2021, USCIS received 274,237 registrations and initially selected 106,100. USCIS …

Key September USCIS Process Updates

U.S. Citizenship and Immigration Services (USCIS) released a number of important updates in September of 2021. Four of the most significant updates include COVID-19 vaccination requirements for immigrant medical examination, extension of flexibility for responding to agency requests, lockbox filing location updates, and expansion of USCIS’ credit card payment pilot program. COVID-19 Vaccination Requirement for Immigration …

Employer Tips for the Fiscal Year 2022 H-1B Cap Registration Process

U.S. Citizenship and Immigration Services (“USCIS”) introduced a new H-1B cap process for fiscal year (FY) 2021.  In its webinars conducted on February 23, 2021 and February 24, 2021, USCIS confirmed that the H-1B cap process for FY 2022 will be substantially the same as the process introduced for FY 2021, and provided additional insight …

USCIS COVID-19 Response: An Overview of the Resumption of In-Person Services

On March 18, 2020, United States Citizenship and Immigration Services (“USCIS”) temporarily suspended in-person services at their field offices, asylum offices and application support centers (ASCs) in response to the coronavirus (COVID-19).  USCIS, however, continued to accept petitions, applications and requests while the offices were closed, and continued to perform all work not requiring in-person …

Employer Tips Part 2: Updates on the FY 2021 H-1B Cap Registration Process

Kathleen Campbell Walker’s January 21, 2020 article titled, “Employer Tips: Preparing for FY 2021 H-1B Season and Pre-Lottery Registration,” introduced employers to the new H-1B cap process for fiscal year 2021.  Since then, U.S. Citizenship and Immigration Services (USCIS) conducted several webinars and provided additional insight on the H-1B registration tool and electronic registration process. …