Companies Moving Foreign Talent Abroad to Avoid US Visa Delays

U.S. companies are increasingly moving key foreign employees abroad in order to retain them. The approach referred to as offshoring or nearshoring, gives companies the option to avoid the long delays and shortage of U.S. employee visa options and keep their teams intact.

Read More

EB-5 Integrity Fund Payments Begin

The Department of Homeland Security EB-5 Integrity Fund is now requiring payments from regional centers. The funds will be used to support the detection and investigation of fraud and other immigration crimes.

Read More

$150k Fine Over Unplaced H-1B Worker Supported by DOL

The U.S. Department of Labor (DOL) appeals board supported a penalty levied against a tech recruitment firm. The firm violated the Immigration and Nationality Act (INA) when it did not place the H-1B visa holder and failed to make promised salary payments, as per the Labor Condition Application (LCA) and the H-1B filing.

Read More

USCIS Issues Policy Alert on Evaluation of Eligibility for O-1B Visa Classification

U.S. Citizenship and Immigration Services (USCIS) issued a policy alert regarding the evaluation of eligibility for the O-1B visa classification. This policy guidance aims to provide clarification on how USCIS evaluates evidence to determine eligibility for the O-1B visa classification.

Read More

Our Perspective: Demand for Highly Skilled Workers Remains Strong as H-1B Cap Registration Period Opens

With recent tech layoffs from some major players, some may be questioning whether IT demand remains as strong as it once was. From what we are experiencing, that is simply not the case. Demand for IT works remains steady, and many employers are still struggling to find the talent they need.

Read More

USCIS Announces Premium Processing for Certain F-1 Students

USCIS announced the availability of premium process for qualified F-1 student visas. In addition, online application for premium processing is available for OPT in STEM programs.

Read More

Remote Hearings for Immigration Court Requests Granted if No Timely Decision

Requested remote hearings that do not receive a decision within 48 hours prior to the scheduled court time will, by default, be granted. This currently applies to the New Jersey Newark Immigration Court.

Read More

INA§ 204(l): A Safety Net For H-4, And Other Categories, When The Principal Beneficiary Dies

If the H-1B holder has a pending or approved I-140 and passes away, INA § 204(l) provides a safety net to the H-4 derivative beneficiaries.

Read More

Criteria for H-1B Specialty Occupations Clarified

Although the previous administration’s many attempts to dismantle the H-1B VISA program were successfully defended against, employers and professionals alike are still recovering from the damage inflicted over those years. In fact, USCIS is still making changes to ensure that its staff and the public understand USCIS policies and practices as they stand today. 

Read More

Recent Federal Court Decision Upholds Limited Judicial Review for Immigration Cases

A U.S. Citizenship and Immigration Services denial of a Ukrainian man's bid for permanent residency will not be reviewed by the Seventh Circuit. The court found that the man's petition did not meet the criteria for permitting judicial review of agency decisions.

Read More

Breaking News: Asylum Seekers Must Meet Certain Criteria for Eligibility

The new emergency Asylum measure being proposed by the Biden administration is set to take effect in May for a period of two years in an attempt to curb the anticipated migration surge when the Trump-era Title 42 public health law is set to expire.

Read More

Recently Revised CSPA Policy: Impact on Consular Processing Cases

Backlogs at U.S. embassies and consular offices abroad have experienced backlogs, further limiting individuals from CSPA protections. With the revised CSPA policy, options exist for those applying abroad.

Read More

Updated CSPA Policy: Retroactive Effect for Those Who Didn’t Apply Based on Previous Guidance?

USCIS stated that for previously filed applications that were denied based on the applicant “aging out," they will accept I-290B Motions to Reopen under the updated CSPA Policy.

Read More

Supreme Court Asked to Consider Definition of Obstruction of Justice for Deportation

The Supreme Court received a request from U.S. Attorney General Garland to include an expanded definition of obstruction of justice as a basis for deportation.

Read More

Little-to-No Movement in the March 2023 Visa Bulletin

The March 2023 Visa Bulletin showed little to no movement for both employment-based and family-based cases. There is little forward movement in some categories for China and a small retrogression for India.

Read More

Breaking News: USCIS Reinterprets Child Status Protection Act, Freezes Age Based on Dates of Filing Chart

USCIS issued updated guidance under the Child Status Protection Act (CSPA). USCIS will now use the Dates for Filing Chart for calculating a child’s age under CSPA.

Read More

TPS Program Termination Rescinded

A previous federal court decision that allowed the ending of Temporary Protection Status (TPS) for individuals from El Salvador, Haiti, Sudan, and Nicaragua has been overturned. In addition, a federal appeals court agreed to revisit the 2020 ruling that gave the U.S. government the ability to revoke TPS.

Read More

Indian Nationals Encouraged to Apply for U.S. Visas in Countries with Lower Wait Times

The U.S. Embassy in India suggests that Indian nationals travel to specific countries with lower wait times for B1 or B2 visas. Specific countries have expanded the availability of visa appointments for Indian nationals.

Read More

Visa Applications Denied Due to Travel Ban Can Reapply

Individuals whose visa applications were denied due to the Trump administration's travel restrictions on people from Muslim-majority countries can reapply for their visas.

Read More

Pilot Program for Domestic Renewal of H-1B and L Visa Announced

A pilot program from the U.S. Department of State will begin later this year allowing visa renewal options for qualifying H-1B and L visa holders who are currently required to travel to have their documents renewed.

Read More