USCIS has implemented a new Policy Memorandum affecting foreign national students (F-1 and M-1) and exchange visitors (J-1). The memo, "Accrual of Unlawful Presence and F, J, and M Nonimmigrants," became effective on August 9, 2018, and could have a significant effect on nonimmigrants (and in certain cases, immigrants) who hold or have held F, J, or M visa status and who have violated that status since their most recent entry into the U.S. The policy may also impact nonimmigrants who exit the U.S. and who, whether knowingly or not, violated their F, J, or M status and attempt re-entry to ...
The H-2B visa program allows businesses in the United States to sponsor foreign nationals for a temporary visa to work in nonagricultural jobs. The H-2B program is popular among employers in the hospitality, tourism, and landscaping industries to fill positions that would otherwise remain vacant due to U.S. labor shortages during times when employers are particularly busy. There is a Congressionally mandated limit of 66,000 H-2B visas available each year. Historically, a legal provision known as the "Returning Worker Exemption" allowed foreign nationals counted towards the ...
In early August, President Trump voiced support for a bill introduced earlier this year by Senators Tom Cotton (R-AR) and David Perdue (R-GA) to effectively overhaul the current immigration system. The Reforming American Immigration for Strong Employment (RAISE) Act has similarities to other points-based immigration systems, such as those in Canada, Australia, or the newly implemented system in China. The RAISE Act is "merit-based," focusing heavily on advanced-level, skills-based employment and education (with financial investments also a consideration), and a ...
For many, the summer is a time for relaxation. For HR professionals, it can be a time of flux. In an academic setting, for example, students and teachers who worked on campus during the fall and spring semesters may be leaving for the summer break. Alternatively, student workers and temporary faculty may come in to fill summer-only positions. Also, students taking a break from classes may be getting summer internships or off-campus jobs to earn extra money. As employers gear up for the summer, it is important to distinguish between a rehire and continuing employment for purposes of I-9 ...
USCIS has concluded the H-1B lottery and data entry operations for FY2018. Many hopeful petitioners and beneficiaries have already received the coveted I-797C Receipt Notice confirming their selection; however, some do not yet know their fate. Students on F-1 visas who have neither received a Receipt Notice nor a rejected petition may feel they are at an impasse. For these cases, qualifying students may continue to benefit from the automatic "Cap-Gap" extension until a rejection notice, or, more hopefully, a Receipt Notice, is received.
The Cap-Gap rule allows F-1 students for ...
Each year, thousands of employers file H-1B visa petitions for foreign nationals seeking to obtain temporary work authorization in professional jobs which requires at least a Bachelors' Degree in a specific field. On April 7, 2017, the Department of Homeland Security (DHS) announced it reached the congressionally mandated cap for H-1B visas for the 2018 fiscal year and would institute a lottery to select petitions for adjudication. The number of H-1B petitions filed in 2017 declined for the first time since 2013, but the number of filings were still more than double the number of ...
On March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced it would suspend premium processing, often referred to as fast tracking, for all H-1B petitions. The suspension takes effect on April 3, the start date of the new fiscal year filing period.
What has changed
The H-1B visa program is one of the most popular and scrutinized visa classifications used for professionals. This fiscal year, the USCIS received nearly 233,000 H-1B petitions for 65,000 available H-1B slots.
The program enables U.S. companies to tap into a global network of foreign ...
Advocates, employers, and employees are in a state of suspense in anticipation of potential changes to the H-1B program. The H-1B visa allows foreign workers to be employed in certain "specialty occupations," which are generally defined as positions requiring, at a minimum, a U.S. Bachelor's degree (or the foreign equivalent) in a specific academic field. Congress has established a limit of 65,000 H-1B visas per fiscal year, with an additional 20,000 H-1B visas reserved for candidates with U.S. advanced degrees (such as a Master's degree or higher). This does not include H-1B ...
One of the first things that may come to mind when thinking about the Trump Immigration Plan is the promise to build a Mexican-financed physical wall on the southern border of the United States. While the wall was certainly the President-elect's most publicized immigration stance during the campaign, he has proposed a number of other actions that could directly affect employers. Here is a quick synopsis of five (5) immigration policy changes which could significantly impact U.S. employers.
- Canceling the Deferred Action Executive Orders (DACA & DAPA)
In June 2012, President Obama ...
The United States is facing a monumental physician shortage. According to The Washington Post, our aging population may need as many as 90,000 additional physicians by 2025.
In an effort to ameliorate the problem and combat the shortage of physicians in Medically Underserved (MUA) and Health Professional Shortage Areas (HPSA), Congress passed the Conrad 30 Program. Conrad 30 makes it easier for foreign nationals with foreign medical degrees, also known as foreign medical graduates (FMG), to stay and work in the United States after completing their medical residency.
Every year ...
Now that the weather is warming up and the school calendar is winding down, millions of people across the country are planning their summer excursions. For employees that work on a non-immigrant visa, that summer holiday might include a trip to the "Not-So-Happiest Place on Earth." Navigating the practices and procedures of consulates and embassies can induce anxiety for employees and employers alike. Here are a few tips that can make obtaining a visa at the consulate or embassy easier than a day with your toes in the sand.
1. Plan Ahead
The summer months are some of the busiest for the ...
On November 20, 2014, President Obama announced an executive action program on immigration that will likely impact businesses and families in the coming months. Key provisions of the program are summarized below.
The President expanded and modified the Deferred Action for Child Arrivals (DACA) program. Under the new Deferred Action for Parental Accountability (DAPA) program, undocumented parents of children who are either United States citizens or lawful permanent residents as of November 20, 2014 may apply for work authorization for a three year period. To ...
- New CDC COVID-19 Test Requirement for Air Passengers from China, Hong Kong, and Macau
- Small Change in the Child Status Protection Act Will Have Significant Impact on Immigrant Families
- FY2024 H-1B Cap Registration Period to Open March 1st, 2023
- Foreign National Layoffs Trigger Requirements and Present Opportunities
- FY2024 H-1B Cap Registration Period Approaching
- New Public Charge Final Rule for Green Card Applicants Effective December 23, 2022
- Temporary Waiver of “60-Day Rule” Signature Validity for Form I-693 Extended
- USCIS Continues Premium Processing Expansion Implementation
- USCIS Increases 180-day EAD Automatic Extension to 540 Days for Certain Applicants
- DHS Requires Non-U.S. Individuals Entering the United States by Land or Ferry from Canada or Mexico to be Fully Vaccinated Against COVID-19
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