The O-1 nonimmigrant category is reserved for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics (O1A), or who have a demonstrated record of extraordinary achievement in the motion picture or television industry (O1B). Unlike most other nonimmigrant visa categories, where...
The U.S. Citizenship and Immigration Services (USCIS) has announced that it has received sufficient filings to reach the congressionally mandated H2B cap for the first half of fiscal year (FY) 2023. Any cap-subject H2B petitions received by the USCIS after September 12, 2022 requesting a...
A large percentage of foreign nationals who come to work as physicians in the United States do so pursuant to H1B status. Ordinarily, the foreign national must be counted against the H1B cap before that individual is eligible to work in H1B status. This usually...
The U.S. Department of Homeland Security (DHS) has proposed a regulation that, if implemented, would provide the DHS with greater authority to alter certain requirements during the form I-9 employment eligibility verification process. In particular, the rule would further empower the DHS to implement alternative...
On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around...
The U.S. Citizenship and Immigration Services (USCIS) has published several new guides aimed at attracting STEM professionals to the United States. The publications provide overviews of nonimmigrant and immigrant visa options for foreign nationals to work in STEM fields in the U.S. Overview of STEM Guides The...
Over the weekend, the U.S. Citizenship and Immigration Services (USCIS) began sending out non-selection notices for registrations not selected in the first – and apparently only – lottery for fiscal year 2023 (FY2023). As of the time of this writing, the USCIS has not officially...
The U.S. Citizenship and Immigration Services (USCIS) recently updated its policy manual to provide additional guidance on evidence that can be used in support of O1A petitions. The O1A nonimmigrant visa category is reserved for individuals who possess extraordinary ability in the sciences, arts, education,...
Generally, a foreign national is limited to a maximum duration of stay of six years in H1B status. The law, however, provides a few exemptions to this limitation. Depending on the circumstances, an individual may qualify to extend status in one- or three-year increments beyond...
In 2004, the U.S. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. This clarification...
