The US Department of Homeland Security (DHS) published a new regulation to “modernize” the H 1B program, a visa category commonly used by US employers to hire skilled foreign workers. The new regulation takes effect on January 17, 2025. The timing of the rule is notable, coming at the end of the Biden Administration and
Mayer Brown attorney Morgan Bailey has authored “DHS Is In For A Rough Ride After The Election, No Matter Who Wins” for The Hill. In this opinion piece, Morgan (former Deputy Chief of Staff, US Citizenship & Immigration Services) discusses the future of U.S. border security and immigration as the 2024 presidential election approaches.
The U.S. Department of State (DOS) recently extended the allowable duration for Japanese language and culture specialists under the J-1 visa classification from one year to three years. The initiative aims to enhance cultural exchanges and strengthen educational ties between Japan and the United States.[1]Continue Reading A Longer Welcome: US Extends Stay for Japanese Specialists to Three Years
On April 1, 2024, US Citizenship and Immigration Services (USCIS) implemented new costs for many common immigration filings, resulting in a fee increase of 100% to 200% for certain visa categories including those utilized by US employers. In this Legal Update, we examine some of these new fees, the impact of the fee increase on
Hong Kong has introduced a new and revamped Capital Investment Entrant Scheme (New CIES) aimed at enriching the talent pool and attracting more new capital to Hong Kong. Under the New CIES, foreign investors may be granted residency permission in Hong Kong (with a pathway to permanent residency) based on a qualifying investment in Permissible
In this Law360 article, Mayer Brown Partner Carl Risch comments on the H-1B visa renewal pilot program introduced by the US Department of State. “According to Mayer Brown partner Carl Risch, who was assistant secretary of state for consular affairs from 2017-2020, renewals became an issue once the COVID-19 pandemic led to processing backlogs
The European Commission has again delayed the implementation of the European Travel Information Authorization System (ETIAS). ETIAS is an automated electronic visa waiver program intended to facilitate travel across borders in Europe while better identifying security risks for the Schengen bloc. ETIAS was previously set to be launched in May 2023 but delayed until November 2023. The launch of ETIAS was then further delayed until 2024. Media reports had earlier indicated that another delay was likely, and the European Commission has now confirmed that the system’s implementation has been postponed until mid-2025.Continue Reading EU Officially Pushes Launch of Electronic Visa Waiver Program to 2025
The US Supreme Court has declined to consider a lawsuit that sought to eliminate a work authorization program widely utilized by foreign graduates of US universities. The Supreme Court’s denial of a writ of certiorari ensures that foreign graduates may continue working through the Department of Homeland Security’s Optional Practical Training (OPT) program, eliminating a
On July 18, 2023, Canada’s newly announced program offering open work permits to holders of U.S. H-1B visas closed after it reached the maximum number of applicants – less than two days after its launch. Under the Canadian government’s “Tech Talent Strategy,” ten thousand open work permits have been made available to foreign nationals who hold H-1B specialty occupation visas from the United States. The program is intended to improve the mobility of high-tech talent in North America by expanding the options for H-1B holders facing long waits for U.S. permanent residency (i.e., green cards). While the popularity of Canada’s program was widely expected, the speed with which the 10,000-permit limit was reached underscores the high demand for labor mobility in North America among employers and employees alike.Continue Reading Canada’s Work Permit Program for U.S. H-1B Visa Holders Maxes Out in 48 Hours, as U.S. Conducts Second H-1B Lottery
In a significant move aimed at streamlining and providing additional flexibilities to the employment verification process, the Department of Homeland Security announced a final rule granting certain employers the authority to utilize an optional alternative when examining Form I-9 documentation. The announcement follows the agency’s proposed rulemaking in August 2022 designed to explore alternative means