ImmigrationBlog Posts

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Visa Options for Foreign National Workers in the Life Sciences Industry

As demand for talent surges in the fast-growing life sciences industry, U.S. employers continue to face challenges in their search for immigration options to retain their high-skilled foreign workers. Please see our full publication here. Continue Reading
June 5, 2023

Increase in Nonimmigrant Visas Fees at Consulates Delayed to June 17, 2023

The Department of State has delayed the effective date of the increase in consular fees from May 30, 2023, to June 17, 2023 (to provide a 60-day delay after the final rule was received by Congress). The most relevant fee increases remain: Visa Type Current Fee Revised Fee Non-petition-based nonimmigrant visas: B/1-B/2, F, M and... Continue Reading
June 1, 2023

Online Studies Policy to Resume for Foreign Students as COVID-19 Flexibility Ends

With the end of the COVID-19 National Emergency in the United States, the Student and Exchange Visitor Program (SEVP) has reinstated its preexisting policy regarding online classes. Accordingly, for the 2023-24 academic year (starting fall 2023), students will have to comply with the SEVP’s pre-COVID-19 restrictions. Students will be able to complete the 2022-23 academic... Continue Reading
May 26, 2023

Filers Must Use New PERM Labor Certification Form ETA-9089, New FLAG Platform Starting June 1, 2023

Beginning on June 1, 2023, filers submitting PERM Applications for Permanent Employment Certification must submit the revised ETA-9089 in the Foreign Labor Application Gateway (FLAG) system, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has announced. A U.S. employer hiring a foreign worker and petitioning for that worker to be eligible... Continue Reading
May 23, 2023

Florida to Require Employers to Use E-Verify

As of July 1, 2023, all private employers in Florida with 25 or more employees will be required to use E-Verify, the federal government’s database for verifying work authorization. Enforcement of this new E-Verify requirement will begin one year after enactment on July 1, 2024. These employers also must: Employee leasing companies will be responsible... Continue Reading
May 18, 2023

Nonimmigrant Visas Fees at Consulates to Increase May 30, 2023

On May 30, 2023, fees for nonimmigrant visas at all consulates abroad will increase. The increase can be avoided if the visa fee is paid on or after October 1, 2022, and before May 30, 2023, and an interview is scheduled within 365 days of payment. The interview need not take place during the 365... Continue Reading
May 15, 2023

Expiration of COVID-19 Travel Restrictions

The last-standing COVID-19-related travel restrictions will soon expire. Bringing the United States in line with most countries around the world, after May 11, 2023, non-citizen, nonimmigrant air passengers need not show proof of being fully vaccinated to board a flight to the United States. Until May 12, nonimmigrants must still document having a bivalent or... Continue Reading
May 11, 2023

Next Steps for Employer I-9 Compliance as Temporary Flexibility Ending July 31, 2023

U.S. Immigration and Customs Enforcement (ICE) has announced that employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility sunsets on July 31, 2023. This answers two pressing questions employers and attorneys have been asking:   Since March 20, 2020, there has been an exception to... Continue Reading
May 5, 2023

USCIS: Substantial Increase in H-1B Registrations for FY 2024 May Indicate Potential Fraud

USCIS has announced that the total number of eligible registrations submitted for FY 2024 was 758,994 (up from 474,421 eligible registrations submitted for FY 2023). Of the 758,994 eligible registrations submitted, USCIS said it made 110,791 selections to fill the 85,000 available H-1B visa slots. The significant increase in submitted registrations yielded a relatively low... Continue Reading
May 5, 2023

Elimination of Paper Documentation in Streamlined Entry Process Raises Issues for Foreign Nationals

Customs and Border Protection (CBP) has been implementing “Simplified Arrival” at all airports, seaports, and most ports of entry since early 2022. The purpose is to secure and streamline the entry process. But the elimination of paper documentation is raising issues for foreign nationals. One outcome of Simplified Arrival implementation is that CBP no longer... Continue Reading
April 28, 2023

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