Immigration Insights & Issues Blog
Key legal insights into modern immigration challenges.
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 is in addition to the existing mandated 66,000 H-2B visas that are allotted each F.Y. …
Continue reading “65,000 More Reasons to Get Ready: Essential H-2B Filing Strategies for FY2024”
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 visas in the United States (US) for certain qualified non-citizens. It is expected that the program …
Continue reading “H-1B Principals Pilot Program for Stateside Visa Reissuance – Early 2024”
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 is subject to an annual cap. Due to the restricted number of H-1Bs available each …
Continue reading “3 Tips for a Successful National Interest Waiver Petition for the STEM Worker”
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 …
On June 1, 2023, the Department of Labor (DOL) officially transitioned its online PERM labor certification filings from its legacy PERM portal to the FLAG System. In addition to announcing the PERM system transition, the DOL announced the release of a new Form ETA-9089, including a number of never before seen questions likely to trigger …
Continue reading “Navigating PERM in FLAG and the New Form ETA-9089”
On August 1, all U.S. employers will have the option to use the new “one-page” Form I-9 (edition date 08/01/2023). The new August 2023 Form I-9 and Instructions are only available in draft form before August 1, 2023 via the Federal Register posting. Employers may use the current version of Form I-9 (edition date 10/21/2019) …
On June 13, 2023, USCIS announced the latest phase of its effort to expand premium processing availability to those who are desperate to secure immigration status and related employment authorization for foreign national workers in the U.S. Now, applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status can seek …
Continue reading “Premium Processing Today: Answers to 5 Key Questions”
On June 14, 2023, US Citizenship and Immigration Services (USCIS) issued updated policy guidance to address eligibility criteria and standards for employment authorization involving compelling circumstances. Such policy guidance is welcome news for the small contingent of individuals eligible for “compelling circumstances” (C35) employment authorization documents (EADs), as previously strict standards for C35 EADs translated …
The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9 effective November 1, 2022, until July 31, 2023. On May 5, 2023, U.S. Immigration and Customs Enforcement (ICE) announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 remote inspection flexibilities end on …
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 …