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The U.S. Citizenship and Immigration Services (USCIS), in January of 2025, has announced comprehensive updates to its Policy Manual regarding evidentiary requirements for O-1 nonimmigrant petitions. These updates clarify the evaluation process for individuals with extraordinary ability in various fields, including sciences, arts, education, business, and athletics, with a particular focus on individuals working in critical and emerging technologies, such as artificial intelligence (AI).

When the Fraud Detection and National Security (FDNS) Directorate or the Department of Labor (DOL) initiates an H-1B audit or site visit due to a tip from a disgruntled employee or the consulate during visa stamping, it is critical to have a proactive plan in place to ensure compliance and mitigate risks. Here's a step-by-step guide to preparing for and managing such investigations:

Equal Pay Transparency (EPT) laws have been passed in several states and localities, potentially impacting the PERM process for employers conducting labor market testing efforts within those states

The reality of another Trump administration raises critical questions about the future of high-skilled immigration, particularly H-1B and L-1 visas. From 2016 to 2020, Trump's restrictive immigration policies reshaped the landscape for foreign professionals, employers, and international students. The denial rates for H-1B and L-1 visas surged to unprecedented levels, with Request for Evidence (RFE) rates reaching 60% and denial rates exceeding 25%, compared to the sub-8% denial rates under the Obama and Biden administrations.

An H-1B audit is a review conducted by the U.S. Department of Labor (DOL) or U.S. Citizenship and Immigration Services (USCIS) to ensure that employers hiring H-1B workers comply with legal and regulatory requirements.

If you're a green card holder working overseas, it's essential to take steps to preserve your U.S. residency for naturalization eligibility. Long absences can disrupt your ability to file for citizenship (N-400) and could even jeopardize your green card. Filing for a reentry permit and, in some cases, an N-470 application to preserve residency for naturalization, can help protect your U.S. status.

Applying for a Social Security Number (SSN) as a non-immigrant visa holder is a straightforward process but requires specific documentation to prove your eligibility.

The EB-1A green card pathway has emerged as an increasingly viable solution for Indian professionals in computer science, IT management, and project management facing severe backlog delays in the U.S. employment-based immigration system.

The “Dropbox” for visa renewal refers to the Interview Waiver Program (IWP) offered by the U.S. Department of State. This program allows certain visa applicants to renew their visas without having to attend an in-person interview at a U.S. consulate or embassy.

Employers who hire H-1B workers are subject to many regulatory obligations. For example, the employer must continue to pay the H- IB worker the required wage rate throughout the entirety of the period of validity of the LCA.

Criminal history, particularly offenses categorized as Crimes Involving Moral Turpitude (CIMT), can have serious consequences on an individual's ability to obtain visas, adjust their status to lawful permanent residence (green card), or become a U.S. citizen.

As a prospective Cap Subject H-1B Visa Employee, you shall gather all relevant documentation whether you are filing to change your current non-immigrant status to H-1B or going for H-1B visa interview overseas. If you are opting for the change of status, you have an obligation to prove legal status throughout your U.S. stay.

The E-2 visa allows foreign nationals from treaty countries to invest in and manage a U.S. business. While the required investment amount depends on the size and scope of the business or project, it should be substantial and typically exceed $100,000 to meet the visa criteria.

The EB-1A (Alien of Extraordinary Ability) green card is one of the most sought-after routes for individuals looking to move to the United States without employer sponsorship or the need for significant financial investments.

Effective October 1, 2024, USCIS will increase the investment and revenue thresholds under the International Entrepreneur Rule, as required every three years. Notably, the application fee will remain unchanged.

Applying for the Diversity Visa (DV) Lottery can be simple, but many applicants make errors that can lead to disqualification.

The Child Status Protection Act (CSPA) is a U.S. immigration law enacted in 2002 to help protect certain children from “aging out” of eligibility for immigration benefits due to delays in the processing of their applications. Normally, a child is defined as being under 21 years old for immigration purposes. When processing delays occur, a child might turn 21 before the immigration application is completed, thus aging out and becoming ineligible for benefits as a “child.” CSPA was designed to prevent this from happening by allowing certain children to “freeze” their age under specific conditions.

The EB-1A is an employment-based, first-preference category green card designed for individuals who possess extraordinary ability in fields such as sciences, arts, education, business, or athletics. To qualify under EB-1A, the individual must demonstrate sustained national or international acclaim and show that their achievements have been recognized in their field. Importantly, no employer sponsorship or job offer is required for this category, which allows the individual to self-petition.

When an employer terminates an H-1B worker, failing to follow the correct procedure can result in significant financial liability, including back wages owed to the employee. The U.S. Department of Labor (DOL) requires that employers adhere to a process known as a bona fide termination to avoid ongoing wage obligations.

International students on F-1 visas in the United States are provided with unique opportunities to gain practical experience in their field of study through two main programs: Curricular Practical Training (CPT) and Optional Practical Training (OPT), including the STEM OPT extension for certain eligible students. Employers who wish to hire these students must follow specific regulations established by U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS). This article outlines the compliance protocols and employer responsibilities for hiring students under CPT, OPT, and STEM OPT programs.

The “Keeping Families Together” Parole-in-Place (PIP) program is designed to help eligible noncitizen spouses and stepchildren of U.S. citizens stay in the U.S. and eventually apply for lawful permanent residence. This guide provides a step-by-step approach to applying for parole under this program. It is highly recommended that applicants seek the assistance of experienced immigration attorneys, who can not only assist with the parole application but also prepare for the future I-485 adjustment of status application.

The National Interest Waiver is a valuable option for talented professionals in various fields, providing a pathway to U.S. permanent residency without the need for employer sponsorship. By focusing on the substantial merit of an individual's work, their ability to advance their field, and the national importance of their contributions, our law firm has helped many professionals achieve their immigration goals. If you believe your work could qualify for a NIW, our team is here to guide you through the process and help you present the strongest possible case to USCIS.

In today's volatile economic landscape, successfully navigating the Program Electronic Review Management (PERM) labor certification process can be particularly challenging for employers. The PERM process, which requires employers to prove that there are no qualified U.S. workers available for a particular job before hiring a foreign worker, involves a meticulous recruitment process. Here are key strategies to help employers successfully navigate the recruitment of U.S. workers in a bad economy.

Nursing remains a critical field in the U.S. healthcare system, and the demand for qualified nurses continues to grow. For foreign nurses seeking to work in the United States, there are several immigration pathways available. This article explores two primary options: the Schedule A I-140 Immigrant Petition and the H-1B Visa, along with the requirements for passing licensing exams.

Traveling internationally with H-1B status can be tricky. Here's a straightforward checklist and some essential tips to help you prepare. Note that some airports, like Chicago, and pre-flight immigration stations, such as Abu Dhabi, can be particularly strict for H-1B holders, especially those working at client sites or for smaller companies.