Immigration reform will be a focal point of the new administration in the early days of Trump’s transition back to the White House with a likelihood that some changes initially will come by way of executive action. The practical implications of any immigration policy changes may begin to take shape in the early months of the new administration, but based on his past administration and campaign rhetoric, it is possible that some changes could be swift.Continue Reading Immigration policy considerations for employers as we embark on a second Trump administration

Many medical residency programs, Graduate Medical Education or GME, will accept international medical graduates in the Exchange Visitor (J-1) program sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG). The J-1 program permits physicians to complete graduate medical education or training in the U.S. while in J-1 status.

However, the J-1 visa carries with it the two-year home residence requirement, a provision that renders the J-1 physician ineligible to apply for a change of status to another nonimmigrant visa status (H or L), to apply for an immigrant visa or to adjust their status to permanent resident until the home residence has been satisfied or waived.Continue Reading The Conrad 30 Program provides an avenue for J-1 physicians to remain in the U.S.

Effective Sept. 10. 2024, U.S. Citizenship and Immigration Services is extending the validity of permanent resident cards to 36 months for individuals who have filed the Form I-90, Application to Replace Permanent Resident Card. This change has been announced to adjust for longer processing times experienced by applicants.Continue Reading Automatic extension of permanent resident cards extended to 36 months for pending renewals

On Dec. 21, 2023, the US Department of State (DOS) published a proposed rule, “Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens.” It announced what has been long anticipated: a program to allow certain H-1B visa holders to renew their visas while they reside in the United States.Continue Reading H-1B visas for applicants present in the US to be renewed again

On May 10, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718, which takes effect July 1, 2023, creating new employment mandates affecting Florida’s private businesses. Most important for businesses are the host of penalties for those who violate new E-Verify mandates.  Continue Reading New Florida immigration law subjects private employers to E-Verify mandates and penalties

U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B cap initial registration period for fiscal year 2024 will be from March 1, 2023, 12 p.m. EST to March 17, 2023, 12 p.m. EST. During this time, employers and their representatives may submit an H-1B registration for a chance to be selected among one of 85,000 employers to proceed forward to the next stage of the H-1B process. Continue Reading H-1B cap registration period opens March 1, 2023

On Oct. 19, 2021, the Department of Justice, Immigrant and Employee Rights Section (IER)  announced a settlement agreement with Facebook to resolve issues regarding Facebook’s practices to recruit for PERM applications. The settlement agreement requires Facebook to pay a significant fine, provide a fund for the settlement of individual claims and modify recruiting practices for PERM cases.
Continue Reading Lessons from the IER settlement with Facebook

U.S. Citizenship and Immigration Services (USCIS) changed the H-1B lottery last year with the introduction of a requirement that employers first register their interest to file petitions for the fiscal year beginning October 1 in an online system. The lottery was conducted from the registrations instead of the full petitions, as had been done in previous years. Only those employers whose registrations were selected were able to file H-1B petitions with USCIS. This registration system will remain in place for 2021.
Continue Reading New H-1B petitions for FY2022 again follow online registration and selection process, wage-based selection delayed

On Aug. 21, 2020, Chief Judge Algenon Marbley of the United States District Court for the Southern District of Ohio ordered the U.S. Citizenship and Immigration Service (USCIS) to permit thousands of foreign nationals to work in the U.S. before they receive printed Employment Authorization Documents (EADs). These workers had already been approved to work by USCIS, but they had not received the EADs they must provide to their employers. Although these cards are usually issued within a few days of approval of an application for employment authorization, USCIS had slowed down its production of them earlier this year.
Continue Reading Immigration settlement allows thousands of foreign workers to get back to work