Category Archives: H-1B

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USCIS Posts Comprehensive Reports Containing H-1B and EAD Data

Under the heading “Transparency for U.S. Workers,” the U.S. Immigration and Citizenship Services (USCIS) uploaded five reports today containing comprehensive data regarding its H-1B and Employment Authorization Documents (EAD) adjudications. The H-1B reports “provide information about the hiring practices of employers who petition for foreign national workers.” The H-1B trend report contains statistics about the … Continue Reading

USCIS to Resume Premium Processing for Certain Cap-Exempt Institutions

On June 20, the USCIS Ombudsman office held a teleconference on H-1B petition processing to discuss various topics, including premium processing.  Premium processing for H-1B petitions had been suspended in mid-March of this year so that resources could be focused on processing current petitions.  During the call, USCIS stated that it would bring back premium … Continue Reading

Proposed California Law Would Increase Employer Responsibilities When Faced With Immigration Worksite Enforcement Actions

In response to the Trump administration’s stance on immigration enforcement, California is considering legislation (Assembly Bill 450 (Chiu)) which would prohibit employers from providing federal immigration officials with access to nonpublic areas of the workplace without a judicial warrant. While aiming to provide new protections to workers, the bill’s broad language does not eliminate any employer … Continue Reading

President Trump Signs New Executive Order: “Buy American and Hire American”

On April 18, 2017, President Donald Trump signed an Executive Order (EO) titled “Buy American and Hire American.” The stated purpose of this EO is to protect the American economy by having the U.S. government and agencies focus on purchasing goods made in America, and to also protect American workers. The first part of the EO includes … Continue Reading

Agencies Open H-1B Cap Season with Initiatives to Combat Fraud and Abuse

The U.S. immigration agency’s busiest day of the year was marked with reminders about the dark side of the H-1B visa program.  Acceptance of H-1B cap-subject petitions started on April 3, 2017. But the flurry of H-1B filings were met with announcements from agencies involved with the H-1B program about measures designed to tighten policies … Continue Reading

Greenberg Traurig’s Attorney Ian Macdonald Featured in NPR News Marketplace

Greenberg Traurig shareholder Ian Macdonald was recently quoted by National Public Radio (NPR) for a story on the Marketplace Morning Report, which is part of the Marketplace portfolio of public radio programs. Macdonald provided an employer’s perspective on H-1B visas and challenges employers must face when sponsoring highly-skilled workers. To read the full article, click here.  … Continue Reading

Effective April 3, 2017, USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions

Late Friday evening on March 3, 2017, The U.S. Citizenship and Immigration Services (“USCIS”) announced that it will temporarily suspend its premium processing service for all H-1B petitions, including CAP-subject H-1B petitions.  The temporary suspension will begin on Monday, April 3, 2017, and may continue for up to 6 months.  This procedural change is intended … Continue Reading

Technical Error by USCIS Results in H-1B Approval Notices Incorrectly Listing Class as “1B1” Instead of “H-1B”

Due to a technical error, the United States Citizenship and Immigration Service (USCIS) recently began issuing H-1B approval notices on Form I-797 that incorrectly list the class as “1B1.”  This technical error affected H-1B approval notices for H-1B petitions that were filed with the Vermont, Nebraska, and California Service Centers. The California Service Center confirmed … Continue Reading

The Trump Administration Contemplates an Executive Order Affecting Advance Parole

It has been reported that President Trump’s administration is likely preparing to effectuate additional changes affecting immigration issues.  Specifically, in addition to the Executive Order executed on Jan. 27, 2017, the administration is reportedly working on additional Executive Orders, a released draft of which addresses the availability and use of advance parole, among other issues … Continue Reading

GT Alert – Preparing for H-1B Cap Season in Fiscal Year 2018

This year’s H-1B cap is fast approaching. USCIS will start accepting new H-1B petitions for Fiscal Year 2018 on April 1, 2017. Although the federal government annually allocates 65,000 H-1B visas to eligible foreign national employees, USCIS receives far more H-1B petitions within the first weeks or even days of April during each fiscal year … Continue Reading

Upgrade – DHS Finalizes Rules Affecting Employment-based Immigrant and Non-Immigrant Visa Programs

On Nov. 18, 2016, the Department of Homeland Security (“DHS”) published its final rule to “modernize and improve” employment-based non-immigrant and immigrant visa programs.  As stated by DHS, the primary purpose of the improvements is to enhance the ability of U.S. employers to hire and retain specific foreign national employees who are the beneficiaries of … Continue Reading

Greenberg Traurig Post-Election Immigration Update

On November 10, 2016, Laura Foote Reiff, Bob Maples, and Rebecca Schechter presented an Immigration Post-Election Update webinar highlighting some of the anticipated key changes to U.S. immigration policy (click here to listen to the webinar).  President-elect Donald Trump will likely begin the change on current U.S. immigration policy as soon as he takes office.  … Continue Reading

Update on DHS Proposed Rules Affecting Employment-based Immigrant and Nonimmigrant Visa Programs

As reported, in December 2015, USCIS published a proposed rule on the Federal Register in which the Department of Homeland Security (DHS) seeks to improve job portability for highly skilled immigrants and clarify issues affecting foreign nationals in employment-based nonimmigrant visa categories like H-1B. The proposed regulations received almost 28,000 comments. On October 24, 2016, … Continue Reading

July 2016 “SEVIS by the Numbers” Report Indicates Growth in the Number of International Students Studying in the United States

This week, the Student and Exchange Visitor Program (SEVP) published its quarterly “SEVIS by the Numbers” report announcing that there are over one million international students in the United States.  Many of these students will seek employment with U.S. companies using work authorization granted to them pursuant to their F or M visa status.  In … Continue Reading

Tips to Employers for Handling Site Visits

On July 26, 2016 the American Immigration Lawyers Association Liaison Committee to the US Citizenship and Immigration Services Vermont Service Center published tips for employers for handling site visits by agency officers.  Under the Administrative Site Visit and Verification Program (“ASVVP”), officers from the Fraud Detection and National Security directorate (“FDNS”) of USCIS conduct worksite … Continue Reading

H-1B Legislation Introduced in House of Representatives

On July 14, 2016, Representative Darryl Issa (R-Calif.) introduced H.R.5801, the “Protect and Grow American Jobs Act.”  The bill is cosponsored by Representatives Peters, Polis, Vargas, Farenthold, Smith, Hunter, and Davis.  The bill proposes to amend the American Competitiveness and Workforce Improvement Act (ACWIA) of 1998. The ACWIA established certain enhanced Labor Condition Application requirements … Continue Reading

USCIS Announces It Has Returned All FY 2017 Cap-Subject H-1B Petitions Not Chosen Through Random Selection

On July 8, 2016, USCIS announced that it had completed the process of returning all FY 2017 cap-subject H-1B petitions not chosen for adjudication in the random selection process.  Employers that have yet to receive a Notice of Receipt for cap-subject petitions submitted between April 1 and April 7, 2016, should receive them by July … Continue Reading

Export Controls Action by the U.S. Department of State Relating to H-1B Visa Holder

Between December 2009 and June 2010, a Chinese national and H-1B visa holder working at Microwave Engineering Corporation, a U.S. company located in Massachusetts, (Microwave) was provided with technical data which otherwise would have required a license from the U.S. State Department’s Directorate of Defense Trade Controls (DDTC).  Specifically, the technical data to which the … Continue Reading

2017 H-1B Cap Met, USCIS to Conduct Lottery

U.S. Citizenship and Immigration Services (USCIS) announced today that it has reached the 2017 H-1B cap, and will no longer be accepting H-1B cap cases under this year’s cap. USCIS has yet to provide the number of petitions received for this year’s caps of 65,000 visas for the general category and 20,000 for the advanced … Continue Reading

Greenberg Traurig Attorney Kate Kalmykov Pens Expert Analysis in Law360 Regarding the Fiscal Year 2017 H-1B Cap

Kate Kalmykov, a shareholder at Greenberg Traurig, provides unique insights for employers and in-house counsel in Law360’s Expert Analysis, “New Factors May Change Odds In 2017 H-1B Cap Season.” The article discusses the new developments in the H-1B visa program and potential changes on the horizon for the 2017 H-1B filing period.  Kalmykov addresses fees … Continue Reading
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