Tag Archives: H-1B

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

GT Alert – President Trump’s Executive Order (EO) “Protecting the Nation from Foreign Terrorist Entry into the United States”: Q&A

We have prepared a serious of Questions and Answers below addressing some of the most commonly asked questions with regard to this Executive Order (EO). GT will continue to monitor developments and provide up to date information. Q1:         What do the provisions of the EO address? A1:         The provisions of the EO address several 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

DOL Online Wage Library – Prevailing Wages will change on July 1

Every year on July 1, the U.S. Department of Labor (DOL) publishes updates to the Foreign Labor Certification Data Center Online Wage Library.  These updates typically include changes to the prevailing wages and may also include revisions to or additions of certain occupational classifications. The DOL Online Wage Library is the primary source of prevailing … Continue Reading

Greenberg Traurig Attorneys Present At Career Issues in Art and Design Conference (CIAD)

Greenberg Traurig attorneys, Kate Kalmykov and Nataliya Rymer, recently presented at the 2016 CIAD Conference hosted at the New School in New York City.  Attended by representatives including ISOs and DSOs from over 25 educational institutions across the East Coast, this two day event provided insight on career issues in arts and design.  Kalmykov and … Continue Reading

Data Entry Completed for Fiscal Year 2017 H-1B Cap-Subject Petitions

As GT previously reported, this year USCIS received over 236,000 H-1B cap-subject petitions during the filing period, including petitions filed for the advanced degree exemption.  USCIS has now announced that as of May 2, 2016, all data entry for fiscal year 2017 H-1B cap-subject petitions selected in the computer-generated random process has been completed. USCIS will … Continue Reading

April 20, 2016 Update on H-1B Cap-Subject Cases

As GT previously reported, this year USCIS received over 236,000 H-1B cap-subject petitions during the filing period, including petitions filed for the advanced degree exemption. USCIS has not released the data for how many of the petitions were filed for Premium Processing, but stated that it would begin the processing of such petitions no later than … Continue Reading

LAST FEW DAYS TO REGISTER for the Greenberg Traurig H-1B Cap FY2017 Webinar

As the U.S. economy recovers, the demand for H-1B visas is skyrocketing. Please join our experienced immigration attorneys for this webinar, which will provide important legislative updates and share effective strategies for succeeding this upcoming H-1B cap season. Topics will include: Lessons learned from the last cap season New fee schedule affecting certain employers Compliance and … Continue Reading

DHS Granted Extension to May 10, 2016 to Implement New F-1 STEM OPT Program

On Jan. 23, 2016, the U.S. District Court for the District of Columbia granted the Department of Homeland Security (DHS) additional time–until May 10, 2016–before the court’s vacatur of the 2008, 17-month Optional Practical Training (OPT) STEM Extension rule would go into effect. DHS requested this additional time to review more than 50,000 comments it received in response … Continue Reading

H-1B Cap FY2017: Effective Immigration Strategies For Employers – Hiring Foreign Professionals

As the US economy recovers, the demand for H-1B visas is skyrocketing.  Please join our experienced immigration attorneys for this seminar which will provide important legislative updates and share effective strategies for succeeding this upcoming H-1B cap season. Topics will include: Lessons learned from the last cap season New fee schedule affecting certain employers Compliance and … Continue Reading

Summary of 12/31/2015 DHS Proposed Rules Affecting Employment-based Immigrant and Nonimmigrant Visa Programs

On Dec. 31, 2015, the Department of Homeland Security published proposed amendments in the Federal Register to its regulations related to EB-1, EB-2, and EB-3 immigrant visa programs, as well as the nonimmigrant visa programs, including the H-1B visa. The EB-1 category is the first preference employment-based immigrant visa category, for aliens with extraordinary ability, … Continue Reading

The Department of State Released a Cable Summarizing USCIS Policy Guidance on H-1B Visa Petitions Involving Change in Place of Employment

The Department of State (DOS) recently released a cable summarizing USCIS policy guidance on H-1B visa petitions that involve a change in place of employment. As we reported previously, a Restrictive AAO Decision held that a change in the place of employment of a beneficiary to a geographical area requiring a new LCA may affect … Continue Reading

Greenberg Traurig’s Kate Kalmykov and Jordi S. Bayer Featured in The New Jersey Law Journal for their Article on the H-1B Cap Season

Kate Kalmykov, shareholder at Greenberg Traurig, and Jordi S. Bayer, associate at Greenberg Traurig, authored a recent article in the New Jersey Law Journal (NJLJ) discussing the H-1B cap season and what clients need to know. In their article Kate and Jordi provide an overview of the basic requirements, the petition process, and the path to … Continue Reading
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