Articles and Blogs

For thousands of skilled foreign professionals, the H-1B classification provides a pathway to work in the United States. However, with a strict annual limit, or cap, of 65,000 H-1B visas—plus an additional 20,000 reserved for those with advanced U.S. degrees—the demand for H-1B status far exceeds the available supply. As a result, the U.S.... READ MORE

U.S. Citizenship and Immigration Services (“USCIS”) has announced a new version of Form I-9, Employment Eligibility Verification, that is available for use beginning August 1, 2023. The prior version of Form I-9 continues to be effective through October 31, 2023. Additionally, USCIS has announced the authorization of an optional alternative procedure to the in-person... READ MORE

On November 10, 2021, a settlement was issued in a case against the U.S. Department of Homeland Security that will now permit nonimmigrant H-4 and L-2 spouses to have automatic extensions of their Employment Authorization Documents (“EAD”) due to lengthy delays in processing by U.S. Citizenship and Immigration Services (“USCIS”). This settlement also will... READ MORE

On May 11, 2020, U.S. Citizenship and Immigration Services published a policy memorandum providing temporary flexibility for physicians completing a J-1 waiver service obligation during the COVID-19 pandemic. The policy memorandum addresses the full-time work requirement and telehealth services for these physicians in light of the Public Health Emergency issued in response to the... READ MORE

On March 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) published a revised Form I-539, Application to Extend/Change Nonimmigrant Status, which is used to change or extend the status of a variety of nonimmigrants in the U.S., including H-4 dependents of H-1B workers. As of March 22, 2019, USCIS will only accept the revised version... READ MORE

The Department of Homeland Security (“DHS”) recently announced a notice of proposed rulemaking that would require employers seeking to file cap-subject H-1B petitions to first electronically register with U.S. Citizenship and Immigration Services (“USCIS”). The proposed rule would also reverse the order that USCIS selects H-1B petitions under the H-1B cap and the advanced... READ MORE