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In what some might consider a parting gift from the Biden administration, the U.S. Department of State revised the J-1 Exchange Visitor Skills List, resulting in removal of foreign nationals from more than thirty countries. Foreign nationals who come to the United States on a J-1 visa to participate in a cultural exchange program can find themselves subject to a two-year home residency requirement if their field of study is listed on the Exchange Visitors Skills List for their home country. Following completion of a J-1 program, those subject to the home residency requirement must ...
Immigration was a hot topic throughout the 2024 Presidential campaign, and President Trump continued to keep the issue top of mind on his first day in office by issuing several immigration-related executive orders. While the media has primarily focused on impacts related to individuals who may be subject to the administration’s removal priorities, several executive orders could have implications for employers. The following provides a summary of some of the executive orders’ potential impacts on businesses:
Executive Order Protecting the United States from Foreign ...
U.S. Citizenship and Immigration Services (“USCIS”) recently announced plans for the 2026 Fiscal Year H-1B lottery. The FY2026 H-1B lottery registration period will open at 12:00 p.m. EST on March 7, 2025, and close at 12:00 p.m EST on March 24, 2025.
In order to qualify for an H-1B visa, a candidate must be sponsored to fill position that requires at least a U.S. Bachelor’s degree in a specific specialty. H-1Bs are considered one of the more flexible work visas and can be appropriate for a variety of industries, including manufacturing, healthcare, engineering, IT, and ...
Foreign nationals often plan international travel during the holidays. As a result, it is one of the busiest times of year for visa processing at U.S. Consulates and Embassies. Here are a few helpful considerations to make foreign national holiday travel a little less stressful for both employment-based visa sponsors and beneficiaries.
Do I have a valid visa?
The time to check visa validity is before travel. Discovering an expired visa upon attempting return to the U.S. can cause both unnecessary stress for the foreign national and negative impacts to employer operations. The ...
USCIS recently implemented a new temporary rule that reinstates the opportunity for a 540-day Automatic Employment Authorization Document (EAD) extension for certain foreign nationals seeking to renew their EAD. USCIS had implemented a similar automatic EAD extension in May 2022 but reverted back to a 180-day automatic extension period on October 26, 2023. The new rule took effect on April 8, 2024.
USCIS announced the temporary rule to prevent gaps in employment authorization and documentation during the renewal process. The increased extension is welcome news for many foreign ...
Cost increases due to inflation have become a norm over the last two years, and immigration fees are no exception. USCIS announced that effective April 1, 2024, fees for certain immigration benefits will be adjusted for the first time since 2016. The agency is 96% funded through filing fees, and USCIS anticipates the increases will assist with operational costs to avoid the accumulation of future backlogs in case processing.
Of particular note is the increase in filing fees for nonimmigrant work visa petitions. I-129 filing fees for a typical H-1B petition will increase from $460.00 ...
Employers wishing to sponsor a candidate for an H-1B visa in Fiscal Year (FY) 2025 are approaching an important time of year. United States Citizenship and Immigration Services (USCIS) recently announced the H-1B cap lottery registration period will open on March 6, 2024, at noon Eastern Standard Time and close on March 22, 2024, at noon Eastern Standard Time. USCIS also announced several changes that will implemented in this year’s registration process.
H-1B cap lottery registration was introduced in FY 2021 and is an annual electronic process through which USCIS receives ...
United States Citizenship and Immigration Services (USCIS) recently announced all available visas in the Fiscal Year 2024 H-1B lottery program have been utilized. Each year, 65,000 H-1B visas are available for positions requiring at least a U.S. Bachelor’s degree. An additional 20,000 visas are available to foreign nationals who have earned at least a U.S. Master’s degree and are sponsored for an H-1B eligible position. Registrants were selected at random for an opportunity to fill one of the H-1B cap positions. The H-1B program is regularly used by U.S. employers to ...
Foreign nationals often coordinate travel abroad to coincide with the holidays. December can be one of the busiest times of year for visa processing at U.S. Consulates and Embassies abroad. Here are a few helpful considerations to make foreign national holiday travel a little less stressful.
Do I have a valid passport?
While seemingly obvious, an immediately expiring passport can cause a multitude of issues for foreign national travelers. Initially, U.S. Consulates and Embassies may require a passport to have a specific amount of validity in order to issue a visa. Additionally ...
The Department of State (DOS) appears primed to renew the practice of domestic visa renewal for at least some foreign nationals in 2024. DOS sent a Federal Register notice titled Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens to the White House for review last month. While the full scope of the program will not be known until publication, the notice is expected to outline criteria for participation in a pilot program that would allow some H-1B workers to renew their visas without exiting the United States. Employers can ...