- First-time H-2 visa applicants (temporary agricultural and non-agricultural workers).
- Visa applicants applying for any nonimmigrant visa classification, provided that the applicant:
- was
Mayer Brown Partner Carl Risch Interviewed About State Department’s Domestic Visa Renewal Pilot Program
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
US Government Launches Fraud Investigations into Dozens of Companies for H-1B Lottery Abuse
To retain the best global talent, many employers leverage the annual H-1B visa lottery to secure work authorization for new employees. The nature of a lottery, however, leads some employers to search for ways to improve their chances of securing that “winning ticket”—and a pathway to retaining key talent in the United States. Recently, the
State Department Will Waive Interviews for Many Temporary Work Visa Applicants
On December 23, 2021, the Department of State announced that consular officers are now authorized to waive the in-person interview requirement for certain temporary work visa applicants who have petitions approved by U.S. Citizenship and Immigration Services (USCIS). This authorization will expire on December 31, 2022. Interviews may be waived for temporary workers applying for the following visa types: H-1, H-3, H-4, L, O, P, and Q. As the authorization requires a USCIS-approved petition, it does not appear to apply to individual visa applications submitted pursuant to approved “L” blankets. In order to qualify, an applicant must meet the following requirements:
Continue Reading State Department Will Waive Interviews for Many Temporary Work Visa Applicants
Trump Administration Poised to Publish a More Limited H-1B Rule Before Inauguration Day
In likely its last “midnight rule,” the Department of Homeland Security (DHS) plans to publish a more limited version of its Strengthening the H-1B Nonimmigrant Visa Classification Final Rule (the “Final Rule”). With the twin goals of aligning the H-1B regulations with the Immigration and Nationality Act and improving the integrity of the H-1B program, the Final Rule targets employers who assign H-1B workers to third-party worksites, requiring those employers to establish a valid “employer-employee” relationship.
Continue Reading Trump Administration Poised to Publish a More Limited H-1B Rule Before Inauguration Day
President Trump Issues Executive Order Limiting Federal Employers’ Use of H-1B Visa
On August 3, 2020, President Trump issued an Executive Order (“EO” or the “Order”) directing the heads of all agencies that enter into contracts to review the impact of contractors and their subcontractors employing H-1B visa holders on the wages and employment opportunities of US workers. Specifically, the EO directs all federal agencies to review
USCIS Announces H-1B FY 2021 Lottery Selection Complete, With Notification to Selected Petitioners Slated for March 31
Updated on April 2, 2020.
On Friday, March 27, 2020, US Citizenship and Immigration Services (USCIS) announced that it received a sufficient number of H-1B registrations through its new electronic registration system needed to reach the annual cap, which includes registrations for both the 65,000 regular cap, as well as the 20,000 allotted US advanced degree exemption (or “master’s cap”).
USCIS states that it will notify employers no later than March 31, 2020 if any of their registrations have been selected in the lottery. The process remains as reported in our prior Mobile Workforce post, As March 20 Fast Approaches, Where Do Your H-1B Cap Cases Stand?
Continue Reading USCIS Announces H-1B FY 2021 Lottery Selection Complete, With Notification to Selected Petitioners Slated for March 31
Agreement Reached on Proposed Immigration Legislation in the US Senate
Given the opposition of the former Judiciary Committee chair, Senator Charles Grassley (R-IA), who had blocked a similar bill in 2011, the Fairness for High-Skilled Immigrants Act of 2019 (S. 386) had been given little chance of passage until this week, when a deal was reached with the bill’s sponsor, Senator Mike Lee (R-UT), to
Premium Processing Resumed for H-1B Petitions Filed On or Before December 21, 2018
USCIS has announced that starting February 19, 2019, it will resume premium processing service for all H-1B petitions (including change of employer or “port” petitions) filed on or before December 21, 2018. Petitioners seeking to upgrade their pending H-1B petitions to premium processing must submit their request to the service center where the petition is
Paul Virtue Comments on New H-1B Cap Rule Published by US Citizenship & Immigration Services
Earlier this week USCIS published its final rule introducing an online pre-registration process for H-1B cap petitions and changing the order of the two lotteries for visa beneficiaries. In reaction to USCIS’s announcement, Law360 spoke with immigration practitioners, including Mayer Brown’s Paul Virtue, about the impact of these changes on employers and the business community.