Immigration Insights & Issues Blog
Key legal insights into modern immigration challenges.
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 …
Continue reading “Not Selected In The Lottery? 5 H-1B Alternatives To Consider”
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 …
Continue reading “The 4-1-1 on Telecommuting: 3 Tips to Avoid Immigration Hang-Ups”
What happened? Over the past couple of years, multiple states have enacted pay transparency laws with the goal of increasing wage transparency for job seekers. The objective of these laws is ultimately to achieve pay equality as job seekers approach the bargaining table with a general idea of what to expect in terms of salary. …
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 …
The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9, effective November 1, 2022 – July 31, 2023. Additionally, in August of 2022, DHS invited public comment on a Notice of Proposed Rulemaking (NPRM)[1] regarding new policies for consideration in Form I-9 completion, such as permanent virtual document review options …
Continue reading “Form I-9 Remote Flexibility Ends July 31, 2023 – 5 Things to Keep in Mind”
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 …
Continue reading “10 Hot Tips for Employers to Consider This H-1B Cap Season”
U.S. immigration law has always been challenging with ever-changing rules and policies and their far-reaching effects. However, the constant complication post-pandemic has been the unpredictability of processing times and their amazing lengths. Delays in consular appointments and adjudications within the United States (U.S.) complicate and disrupt the process and result in global quicksand versus mobility. …
On December 9, 2022, U.S. Citizenship and Immigration Services (USCIS) announced the release of a new version (12/23/22) of Form I-485, Application to Register Permanent Residence or Adjust Status, in connection with a new regulation addressing the public charge ground of inadmissibility, which would take effect on December 23, 2022. When must the new Form …
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, …
Continue reading “H-2B Visa Program gets “Peak Load” Visa Numbers Boost for FY 2023”
On September 9, 2022, the U.S. Department of Homeland Security (DHS) published a lengthy Final Rule concerning the implementation of the public charge ground of inadmissibility[1] after several years of federal court litigation. This Final Rule will be effective on December 23, 2022, and apply to applications postmarked (or electronically submitted) on or after that …
Continue reading “DHS PUBLISHES NEW FINAL RULE ENDING TRUMP-ERA PUBLIC CHARGE RESTRICTIONS”