Immigration Insights & Issues Blog
Key legal insights into modern immigration challenges.
With the FY 2027 H-1B cap filing season now behind us, employers may be tempted to pause H-1B planning until next spring. The period between petition filing and the October 1 start date, however, remains a critical compliance and planning window for HR and global mobility teams. Employers should use this time to confirm which …
Continue reading “H-1B Cap Season Is Over: Key Employer Considerations Before October 1”
Effective April 1, 2026, U.S. Citizenship and Immigration Services (“USCIS”) implemented a revised edition of Form I-129, Petition for a Nonimmigrant Worker, including significant updates to the H Classification Supplement. These changes coincide with broader structural developments affecting H-1B and H-1B cap adjudications, including increased data transparency, enhanced integrity measures, and new fee considerations. Collectively, …
Continue reading “What Employers Need to Know About New Form I-129 and H-1B Cap Filings”
In today’s competitive global talent environment, employment-based nonimmigrant and immigrant visa categories remain essential tools for U.S. employers trying to attract, transfer, or retain high-skilled professionals. Recent trends show that U.S. Citizenship and Immigration Services (USCIS) has adopted a significantly more stringent approach to adjudicating related petitions. USCIS has recently made several changes that are …
Continue reading “Rising Scrutiny in Employment-Based Visas: What Employers Must Prepare For”
The I-94 record, which determines the validity of a nonimmigrant’s status, often presents challenges that are not expected by the foreign national or their employer. Unfortunately, the failure to be aware of the validity period of the I-94 can cause all sorts of serious problems. For example, some of the consequences can be: The accrual …
Continue reading “The Stealth I-94 Dilemma – Determining Work Authorization Validity”
In February 2024, United States Citizenship and Immigration Services (“USCIS”) launched its new online Organizational Account, which allows for the online filing of H-1B petitions and enhances collaboration between clients and legal representatives. The Organizational Account automatically upgraded the legacy USCIS account, and pre-existing users will see their new Organizational Account the first time they …
Continue reading “Introducing USCIS’s New Online Organizational Account”
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 …