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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 […]
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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, […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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