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

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

The adjudicators who review employer submitted immigration petitions such as H-1B’s and I-140’s will soon have more discretion available to deny those petitions. Health care employers will be specifically affected by this change as about 25 percent of all physicians practicing or training in the United States are foreign born. On July 13, 2018,... READ MORE