J-1 status is a favorite for foreign nationals attending medical resident training programs in the United States. While there are many advantages to the J-1 visa category, one major obstacle remains for J-1 physicians who wish to continue working in the United States—the home residence requirement. Because the J-1 physician visa is considered an “exchange …
Not Selected In The Lottery? 5 H-1B Alternatives To Consider
On March 27, 2023, USCIS announced that it had received enough electronic registrations to reach the H-1B annual cap FY2024, including the advanced degree exemption (Master’s cap). While official statistics regarding the number of registrations submitted vs. that selected have yet to be released, reports across the board indicate a much lower selection rate than …
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The 4-1-1 on Telecommuting: 3 Tips to Avoid Immigration Hang-Ups
The federal government has announced that on May 11, 2023, it intends to permit the Public Health Emergency for COVID-19—declared more than three years ago—to expire. As we look back over the last few years, it is difficult to understate the pandemic’s impact on the working culture within the United States. In 2021, 34.5% of …
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10 Hot Tips for Employers to Consider This H-1B Cap Season
March Madness is around the corner, and we are not talking about basketball! For the immigration aficionado, the much-anticipated annual H-1B cap season for Fiscal Year (FY) 2024 is gearing up to start. While many will make bold predictions for their NCAA basketball brackets, HR professionals will have a bracket of their own, tracking employees …
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H-2B Visa Program gets “Peak Load” Visa Numbers Boost for FY 2023
As U.S. companies struggle to find workers to fill their rosters, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), offered a reprieve through the authorization of supplemental visa numbers for the H-2B temporary non-agricultural worker program. Industries that may benefit from this “peak load need” visa boost include: hospitality, …
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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 …
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Form I-9 Update – L and E Nonimmigrant Spouses Eligible for Work Without Employment Authorization Document – Really?
During this challenging time for employers in search of workers, U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) have managed to cooperate to coordinate a response to the litigation settlement (Settlement) reached in Shergill, et. al. v. Mayorkas announced on November 12, 2021. The Settlement will finally recognize that spouses …
Corporate Immigration Compliance: Dealing with Document Retention
Any corporate immigration program must consider what documents to retain, how long to retain them, and where to store them. In an era of increased inter-agency cooperation, a heightened focus on compliance, and an increasingly mobile workforce, it is important for a company to review its document retention practices. There are three primary types of …
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COVID-19 Vaccinations Required for Green Card and Immigrant Visa Medical Exams Starting October 1, 2021
Beginning October 1, 2021, COVID-19 vaccinations will be required for all immigrant visa applicants in the United States and abroad who receive their medical examination from a Civil Surgeon (U.S.) or a Panel Physician (abroad) on or after October 1, 2021. This new requirement is according to recent instructions issued by the Centers for Disease …
USCIS Reverses Course on Trump-Era Policy Instructing Officers Not to Give Deference to Previously Approved Petitions
In response to President Biden’s executive order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” U.S. Citizenship and Immigration Services (USCIS) issued a new policy on April 27, 2021, effective immediately, directing officers to “generally defer to prior determinations of eligibility when adjudicating petition extensions involving the …