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

The President issued the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” on June 22, 2020, limiting the admission of certain foreign nationals to the United States. This Proclamation includes an introduction describing the high unemployment rate resulting from the COVID-19 pandemic and the economic dislocation as justification for this ban on the admission of certain temporary visas. The President also extended the 60 day limitation of immigrant visas announced in the April 22, 2020 Proclamation until Dec. 31, 2020. In addition to the bar for immigrant visas, the Proclamation also bars foreign national citizens outside the United States who seek to enter with an H-1B, H-2B, L-1 and certain categories of J-1 nonimmigrant visas. The Proclamation does not apply to any person currently in the United States, and therefore will not affect extensions of status for H-1B, H-2B or L-1 (Persons in J-1 status are admitted for the “duration of status” and therefore generally do not require an extension.) The Proclamation takes effect on Wednesday, June 24, 2020 and will continue until Dec. 31, 2020, although the text of the Proclamation suggests it could be continued beyond this date.
Continue Reading Presidential Proclamation limits nonimmigrant employment visas

The U.S. Citizenship and Immigration Services (USCIS) has again released a new and updated version of Form I-9, the Employment Eligibility Verification document. Since November 1986, all U.S. employers have been required to complete and retain the Form I-9 for new employees. Effective January 31, 2020, employers should use the new Form I-9, available online in PDF format. The latest version of the Form I-9 is mandatory as of May 1, 2020, and it replaces the prior version in use since September 2018. You can identify the new version of the form by the date (10/21/2019) noted at the bottom-left corner; the prior version was dated 07/17/2017-N. Although employers may use the prior version up to April 30, USCIS recommends using the updated form for any new employees hired on or after January 31, 2020.
Continue Reading Employer Alert: revised Form I-9 effective January 31, 2020

On Dec. 6, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B cap season 2021 will begin on March 1, 2020 and end on March 20, 2020. Once selections have been announced, those selected will have 90 days to submit the petitions.

H-1B electronic registration requirement

immigration h-1B visa registration

On Jan.

On Friday, May 3, a Federal District Judge in North Carolina enjoined the Trump Administration’s effort to change the immigration policy on “unlawful presence” as it is applied to foreign students, in Guilford College et al. v. McAleenan, et. a.l. The concept of unlawful presence was first introduced into the immigration laws in 1996 to impose a penalty on those who remain in the U.S. after their authorized period of stay expires. This penalty, a bar, known as the “3/10-year bar,” is imposed from the day the foreign national departs the U.S., preventing their return for either 3 or 10 years, depending on whether they remained more than 180 days or 365 days after their authorization expired.

The key to imposing this bar, however, depends on the calculation of the date the authorized stay expired. For foreign students, who are admitted for the duration of status (d/s), there is no certain date by which they are told they must depart the United States. Therefore, in 1997 Legacy INS announced a policy that students would be deemed unlawfully present only when an immigration officer or Immigration Judge made a determination that they had violated their status. In the event such a determination was made, the student was informed of the decision and then given 180 days to depart the U.S. before the 3- or 10-year bar would be imposed.
Continue Reading Court ruling puts administration’s immigration policy on hold

Foreign nationals, especially spouses and dependents of nonimmigrant workers and students, are warned that U.S. Citizenship and Immigration Services (USCIS) is revising the Form I-539, Application to Extend/Change Nonimmigrant Status. This form is used by nonimmigrants to extend their stay in the U.S. or change to another nonimmigrant status, as well as for F and M students applying for reinstatement. The new form was issued on March 11, 2019 and after March 21, 2019, USCIS will accept only the newly revised version of the form, with an edition date of Feb. 4, 2019. All other versions of the form, including the current one dated Dec. 23, 2016, will be rejected. Additionally a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, generally used to extend or change status of dependent children, has been being revised and published.
Continue Reading New forms I-539 and I-539A, and additional fees, required on March 21, 2019

The third time is the charm for the Trump Administration, for now. On Monday, Dec 4, 2017, the U.S. Supreme Court issued an order allowing President Trump’s third attempt at a travel ban to take full effect while the issue of its constitutionality is litigated in the circuit courts. This decision has the practical effect of lifting hard-fought blocks against the controversial ban.
Continue Reading SCOTUS allows travel ban 3.0 to take effect