Immigration Insights & Issues Blog
Key legal insights into modern immigration challenges.
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 …
Continue reading “Employer Tips for the Fiscal Year 2022 H-1B Cap Registration Process”
On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in connection with an industry group lawsuit against both the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL). The judge found that both Departments failed to properly follow standard U.S. legal procedures governing …
Continue reading “Important Update on Recent DHS and DOL Rule Changes to the H-1B Program”
On November 23, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a welcome announcement in light of ongoing delays by the agency to adjudicate employment authorization documents (EADs). This announcement extends the acceptance of an I-797 Notice of Action for approval of an employee’s I-765, Application for Employment Authorization, as a List C, item #7 …
Facing the financial distress caused by the COVID-19 pandemic, many companies may be contemplating corporate restructuring. With all of the considerations surrounding a corporate merger, acquisition, or spin-off, often the last item on an executive’s mind is the impact of corporate restructuring on its foreign national workforce. While business motives may be at the forefront …
Continue reading “Corporate Restructuring and its Potential Impact on H-1B Workers”
As employers continue to try to find ways for essential nonimmigrants and their dependents to be issued H-1B, H-2B, L-1, and J-1 (intern, trainee, teacher, camp counselor, au pair, or summer work travel program) visas subject to Presidential Proclamation 10052 (Proclamation 10052), on August 12, the State Department updated its list of examples (August 12 …
Every year, U.S. employers seeking to employ foreign nationals petition United States Citizenship and Immigration Services (“USCIS”) for work authorization under the H-1B visa program. Employment positions qualify for an H-1B visa when the job requires (1) theoretical and practical application of a body of highly-specialized knowledge and (2) attainment of a bachelor’s or higher …
After numerous rumors in the past few days regarding the suspension of immigration to the United States (U.S.), President Trump’s Proclamation (Suspension Proclamation) was finally published on April 22. The Proclamation references the disruption of the economy post COVID-19 as a basis for the Proclamation. The Proclamation does not address the current dichotomy between family-based …
The ever-changing impact of the evolving COVID-19 pandemic is making it extremely difficult for employers to plan what to do with their foreign worker populations right now. DW Immigration stands ready to help! Here below we summarize some critical pieces of immigration information from the various government agencies and our related guidance, as it stands …
Continue reading “Critical COVID-19 Guidance for Certain Foreign Workers”
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. …
Continue reading “Employer Tips Part 2: Updates on the FY 2021 H-1B Cap Registration Process”
The H-1B process for fiscal year 2021 presents employers and their legal counsel with a variety of new timing and process challenges in addition to potential cost savings. The major change of note will be the insertion of a new registration process, which will be imposed starting on March 1, 2020 and ending on March …
Continue reading “Employer Tips: Preparing for FY 2021 H-1B Season and Pre-Lottery Registration”