United States Citizenship & Immigration Services (“USCIS”) announced today that it has reached the congressionally mandated H-1B cap for fiscal year 2016. Continue reading “H-1B Cap For FY 2016 Has Been Reached”
H-1B Cap For FY 2016 Has Been Reached
Category: Non-Immigrant Visas
L-1B Policy Development: USCIS Issues L-1B Adjudications Memo for Comment
Today, U.S. Citizenship & Immigration Services (USCIS) issued a policy memorandum that provides guidance to field adjudicators on things to consider while adjudicating an L-1B petition. Specifically, the new L-1B Adjudications Policy is meant to consolidate previous policy memoranda as well as supersede and rescind, in part, prior memoranda. Continue reading “L-1B Policy Development: USCIS Issues L-1B Adjudications Memo for Comment”
OPT Program Under Attack
While a lawsuit challenging President Obama’s executive action has garnered headlines recently, another lawsuit that could negatively impact the labor supply and increase the cost of doing business for employers has largely managed to escape the media’s attention. Continue reading “OPT Program Under Attack”
USCIS Resumes Processing of H-2B Petitions
As reported on March 10, 2015, the U.S. Department of Labor (DOL) suffered a setback as result of a ruling by a federal district court in the Northern District of Florida on March 4, 2015. Continue reading “USCIS Resumes Processing of H-2B Petitions”
Navigating H-1B Requirements: The Degree Must Relate to the Specialty Occupation
To obtain an H-1B visa, a petitioner must demonstrate that the proposed position it intends for the beneficiary to fill qualifies as a specialty occupation and that the beneficiary is qualified for that position. Continue reading “Navigating H-1B Requirements: The Degree Must Relate to the Specialty Occupation”
Adjudication of H-2B Petitions Temporarily Suspended
On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida. Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4, 2015), the court ruled that DOL lacked the authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Continue reading “Adjudication of H-2B Petitions Temporarily Suspended”
Congressman Jolly’s Bill Could Change Lives of E-2 Visa Holders
Congressman David Jolly of Florida is working on a bill that would provide a pathway for E-2 visa holders to obtain permanent residence based on the length of their residency in the United States and their economic stability. Continue reading “Congressman Jolly’s Bill Could Change Lives of E-2 Visa Holders”
Avoiding an Immigration Nightmare: The Importance of Knowing When a Work Visa is Necessary
On January 30, 2015, Los Angeles Dodgers relief pitcher Joel Peralta faced what many business immigration practitioners would refer to as an avoidable immigration nightmare. Continue reading “Avoiding an Immigration Nightmare: The Importance of Knowing When a Work Visa is Necessary”
Navigating H-1B Requirements: The Existence of a Valid Employer-Employee Relationship
To obtain an H-1B visa, a petitioner must establish that it will have an employment relationship with the beneficiary. While this seems like a very simple and easy enough thing to do, the problem is that in an employment relationship things are not always black and white. Continue reading “Navigating H-1B Requirements: The Existence of a Valid Employer-Employee Relationship”
Cuban Baseball Players Are No Longer Required to Obtain a License to Play Ball
Earlier this month, Major League Baseball eliminated a burdensome requirement that made it difficult for MLB franchises to sign Cuban nationals. Until last month, a Cuban national wanting to sign with a MLB franchise as a free agent was required to obtain a specific license from the United States Treasury’s Office of Foreign Assets Control (OFAC). Continue reading “Cuban Baseball Players Are No Longer Required to Obtain a License to Play Ball”