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On February 25, 2025, USCIS announced information for the initial registration period for the FY2026 H-1B cap. The fiscal year will run from October 1, 2025, to September 30, 2026. Individuals selected in this year’s H-1B lottery who then submit an H-1B petition that is approved, may begin working in H-1B Status on October 1, […]
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U.S. employers are required to keep certain documentation and files. Some documents, like Federal Form I-9, Employment Eligibility Verification, are required for ALL U.S. employees. Other documents are required only for employees going through certain immigration processes. Here are some tips for employers to ensure they are ready if the Department of Homeland Security (DHS) […]
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On December 18, 2024, the U.S. Department of Homeland Security (DHS) published its final H-1B Modernization Rule, which goes into effect today, January 17, 2025. With the publication of the final rule, DHS hopes to “modernize and improve the efficiency of the H–1B program, add benefits and flexibilities and improve integrity measures.” Here are some […]
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Under the H-1B Modernization and Nonimmigrant Program Improvement Rule published on December 18, 2024, the Department of Homeland Security (DHS) codified its current deference policy for nonimmigrant petitions. Under U.S. Citizenship & Immigration Services (USCIS) policy, when a nonimmigrant petition involves the same parties and the same underlying facts, USCIS adjudicators should generally defer to […]
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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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