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¿Qué podemos esperar de la segunda administración de Trump para los casos de inmigración basados en empleo? Tiempos de procesamiento más lentos, directivas restrictivas, la eventual eliminación del programa de visas H-2 y restricciones en las visas F-1 para estudiantes.

Investment---Small-Business
English La próxima administración de Trump atacar directamente todos los tipos de inmigración, incluyendo las vías legales de inmigración a través del empleo. Como vimos durante la primera administración de Trump, es probable que volvamos a ver la implementación de entrevistas obligatorias en todos los casos de residencia permanente legal, incluyendo los basados en empleo, y una reducción en los recursos críticos de las agencias dedicados a la revisión y adjudicación...
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What can we expect from the second Trump administration for employment-based immigration cases? Slower processing times, restrictive guidance, the eventual elimination of the H-2 visa program, and restrictions on F-1 Student visas.

Investment---Small-Business
Español The next Trump administration will directly attack all types of immigration, including legal immigration pathways through employment. As we saw during the first Trump administration, we will likely again see mandates for interviews in all lawful permanent residency cases, including employment-based cases, and a decrease in critical agency resources dedicated to reviewing and adjudicating cases, leading to longer processing times. We will likely see a reduction in H-2A and H-2B...
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DHS PROPOSES NEW H-1B REGULATIONS IN AN EFFORT TO MODERNIZE THE PROGRAM AND DETER FRAUD

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On October 20, 2023, the U.S. Department of Homeland Security (DHS) published a Notice of Proposed Rulemaking (NPRM) for the H-1B Specialty Occupation Program. With these proposed rules, DHS hopes to modernize the program “by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures.” The 94-page NPRM revises much of the H-1B program from start to finish, including the registration process...
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USCIS Completes H-1B Cap Registration Lottery for FY 2024

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On March 27, 2023, the U.S. Citizenship & Immigration Services (USCIS) announced that it has completed its random selection lottery for H-1B Cap subject cases for Fiscal Year (FY) 2024. This includes both the “regular cap” and “advanced degree cap.” Under the annual limit (“cap”) set by Congress, each fiscal year, there are 65,000 available H-1B visas for foreign nationals with a bachelor’s degree and an additional 20,000 visas for foreign...
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H-1B FY2022 Updates – Registration Filing Window Opens March 9

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United States Citizenship and Immigration Services (USCIS) has announced that the window for filing electronic H-1B registrations will open on Tuesday, March 9, 2021 at noon Eastern and will close at noon Eastern on Thursday, March 25, 2021. Any employer seeking file an H-1B petition on behalf of a foreign worker must submit a registration on the worker’s behalf during this filing window. USCIS intends to notify employers of any selected...
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H-1B Cap Season is Approaching

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We are fast approaching the time of year when the United States Citizenship and Immigration Services (USCIS) conducts its annual lottery to assign the limited number of H-1B visas available for the next fiscal year, which begins October 1. USCIS has yet to announce the filings dates for this year’s lottery process, but we anticipate that it will be in the first weeks of March. The H-1B nonimmigrant status/visa is an employer-sponsored...
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Possible Executive Order Suspending Entry of Nonimmigrants, including H-1B, H-2B, L-1 and J-1

Possible Executive Order Suspending Entry of Nonimmigrants, including H-1B, H-2B, L-1 and J-1
Through our colleagues at the American Immigration Lawyers Association (AILA), we have learned of a possible extension and expansion of President Trump’s April 22, 2020 Presidential Proclamation 10014, “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” On April 22, 2020, President Trump issued a Presidential Proclamation suspending the issuance of immigrant visas for certain categories of intending immigrants (lawful...
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Layoffs, Terminations, & Other Employment Changes for H-1B Workers in Light of COVID-19

Layoffs, Terminations, & Other Employment Changes for H-1B Workers in Light of COVID-19
With the declaration of a State of Emergency in Colorado due to the global pandemic from COVID-19, many Colorado employers are facing difficult decisions about how to manage their workforce in an uncertain and quickly-changing environment. Employers who employ H-1B workers should understand what their additional obligations are, if any, when considering layoffs, terminations, and other employment changes in light of COVID-19. The information contained in this article is for general...
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USCIS' New H-1B Cap Registration Process is Underway

As of March 1, 2020, the United States Citizenship and Immigration Services (USCIS) online H-1B registration tool is open for employers and their representatives to submit electronic registrations to seek acceptance under the annual H-1B cap lottery on behalf of potential H-1B workers. The online H-1B registration system is a new process this year and few details regarding its implementation or functionality were announced in advance. Employers and representatives access the...
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USCIS Announces Implementation of H-1B Electronic Registration Process

USCIS Announces Implementation of H-1B Electronic Registration Process
The United States Citizenship and Immigration Services (USCIS) has formally announced that it will implement the new H-1B registration final rule for Fiscal Year 2021. The H-1B registration system will involve an initial electronic registration process, in which employers may register for potential H-1B workers to be entered into the annual H-1B cap lottery. Those whose registrations are selected will then be permitted to file H-1B petitions to be considered on...
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USCIS Expects to Implement Pre-Registration Requirement for H-1B Lottery for Next Year, but No Formal Announcement Yet

USCIS Expects to Implement Pre-Registration Requirement for H-1B Lottery for Next Year, but No Formal Announcement Yet
On January 31, 2019, the United States Citizenship and Immigration Services (USCIS) issued a final rule making significant changes to how it will conduct the annual cap-subject H-1B lottery process. The rule creates an online “pre-registration” and selection requirement for companies intending to use the H-1B visa program to sponsor foreign workers. The Acting Director of USCIS, Ken Cuccinelli, recently announced that he believes USCIS will be ready to implement the...
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Increasing uncertainty and unpredictability in H-1B adjudications

Increasing uncertainty and unpredictability in H-1B adjudications
Last week, the U.S. Citizenship and Immigration Services (USCIS) received 201,011 H-1B petitions subject to the annual cap for Fiscal Year (FY) 2020. The Agency confirmed that on April 10, 2019, it completed its computer-generated selection process to select sufficient H-1B petitions to meet both the regular cap of 65,000 petitions and the advanced degree (master’s) cap of 20,000 petitions. In light of these numbers, employers have just over a 40%...
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Strike! Rights and responsibilities of H-1B employers and employees during a labor strike

Strike! Rights and responsibilities of H-1B employers and employees during a labor strike
In the event of a labor strike, it is important that both H-1B employees and employers understand their respective rights and responsibilities. Rights of H-1B Employees Generally speaking, in order to maintain valid H-1B status in the United States, an H-1B employee is required to remain employed with her H-1B employer, under the terms set forth in the H-1B petition. In the absence of a strike, a failure to remain employed...
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USCIS Proposes a Pre-Registration Period for the Cap-Subject H-1B Visa Program

USCIS Proposes a Pre-Registration Period for the Cap-Subject H-1B Visa Program
United States Citizenship and Immigration Services (USCIS) has proposed a new rule making changes to the annual selection process for H-1B visas. H-1B visas are currently limited to 65,000 per fiscal year, with an additional 20,000 “Master’s cap” H-1B visas available to workers with a Master’s degree from a U.S. university. Each year for the past several years, the demand for H-1B visas has far outpaced this statutory limitation. The result...
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DHS Intends to Publish Proposed Rule Rescinding H-4 Work Authorization by End of Year

DHS Intends to Publish Proposed Rule Rescinding H-4 Work Authorization by End of Year
The Department of Homeland Security (DHS) has advised that it is on track to issue a Notice of Proposed Rulemaking (NPRM) by the end of the year that would rescind the rule permitting employment authorization for certain H-4 spouses. This timeline was announced in a court filing last month by DHS in the ongoing litigation around the H-4 employment authorization regulations. H-4 non-immigrants are the spouses and children of non-immigrants in...
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USCIS Announces Completion of Receipt for H-1B Cap-Subject Petitions for FY 2019

USCIS Announces Completion of Receipt for H-1B Cap-Subject Petitions for FY 2019
On May 15, 2018, United States Citizenship and Immigration Services (USCIS) announced that it had completed its electronic data entry for receipt of all H-1B Cap-Subject Petitions selected for Fiscal Year 2019. USCIS previously announced on April 11, 2018 that it had completed the random selection process for H-1B Cap-Subject Petitions. The May 15 announcement indicates that each of those H-1B Cap-Subject Petitions which were selected under this “cap” have now...
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USCIS Resumes Premium Processing of H-1B Petitions for Cap-Exempt Employers

USCIS Resumes Premium Processing of H-1B Petitions for Cap-Exempt Employers
On July 24, 2017, the U.S. Citizenship and Immigration Service (USCIS)  announced that it would resume Premium Processing of H-1B petitions for employers who are exempt from the annual H-1B Cap. This comes as very welcome news to employers who are struggling to fill critical specialty occupation positions within their organizations in a timely fashion. The H-1B visa program allows U.S. workers to sponsor qualified professional foreign nationals for employment in...
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H-1B Cap Lottery Selection is Complete for FY 2018 Petitions

H-1B Cap Lottery Selection is Complete for FY 2018 Petitions
On May 3, 2017, the United States Citizenship and Immigration Service (USCIS) announced that it has completed the lottery for all cap-subject H-1B petitions submitted for the Fiscal Year 2018 Cap. The annual limit for H-1B visas is 65,000 for foreign nationals holding a Bachelor’s Degree and an additional 20,000 for those holding a U.S. Master’s Degree. Between April 3, 2017 and April 7, 2017, USCIS received more than 199,000 H-1B...
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USCIS to suspend Premium Processing of H-1B Petitions

USCIS to suspend Premium Processing of H-1B Petitions
 The U.S. Citizenship and Immigration Service (USCIS) has announced that beginning April 3, 2017, it will temporarily suspend Premium Processing of I-129 Petitions filed by U.S. employers seeking H-1B work visas on behalf of professional foreign national employees in specialty occupation positions. This suspension will apply to all H-1B Petitions including: - H-1B Petitions filed under the so-called H-1B Cap for Fiscal Year (FY) 2018, - H-1B Petitions filed by cap-exempt...
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USCIS receives 236,000 H-1B Cap Subject Petitions for Fiscal Year 2017

USCIS receives 236,000 H-1B Cap Subject Petitions for Fiscal Year 2017
Today the U.S. Citizenship and Immigration Service (USCIS) announced that it received more than 236,000 cap-subject H-1B petitions for Fiscal Year (FY) 2017. The Agency also announced that on April 9, 2016, it conducted a computer generated lottery of these 236,000 petitions to select 20,000 petitions under the Advanced Degree Cap (U.S. Master’s degree or higher) and 65,000 petitions under the regular H-1B cap. The 150,000 remaining petitions have been rejected...
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Kolko & Casey, P.C. is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, and Portuguese and we can arrange for translators in any other language.