Thousands of Employers Prepare to Play the H-1B Visa Lottery

A company does not have to win the lottery for its business to succeed, however, it may need to win the H-1B visa lottery to be able to hire specialized and highly skilled employees.  Employers are willing to play the lottery, which involves considerable time and expense, because there are simply not enough US workers to fill every specialty professional occupation in the U.S.  The highest...
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Court Grants 90-Day Extension of Stay of Vacatur of STEM OPT Rule

The U.S. District Court for the District of Columbia granted Department of Homeland Security’s (DHS) motion for limited relief from the court’s August 12, 2015, order, and ordered that vacatur of the 17-month STEM OPT extension be further stayed until May 10, 2016. In its option, the Court rejected the Plaintiff’s argument that it had been divested of jurisdiction to grant...
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USCIS Extends Temporary Protected Status for Sudan

Secretary of Homeland Security Jeh Johnson has extended Sudan’s designation for Temporary Protected Status (TPS) for an additional 18 months due to the ongoing armed conflict and extraordinary and temporary conditions in Sudan that prevent its nationals from safely returning. The extended designation is effective May 3, 2016, through November 2, 2017. Current TPS Sudan beneficiaries seeking to...
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USCIS Increases H-1/L-1 Filing Fees for Certain Employers

The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015. The additional fees apply to petitioners who employ...
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Et, tu, DHS? Gov’t Revises October 2015 Visa Bulletin

On Sept. 25, the Department of State (DOS) published an updated October 2015 Visa Bulletin. This bulletin supersedes the bulletin for October 2015 that was originally published on Sept. 9, 2015.  The Dates for Filing Applications sections on pages 4 and 6, which have been adjusted, have been identified in bold type and highlighted. Applicants should use the chart published by DOS on Sept. 25...
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How Changes in the Visa Bulletin Impact When Family-Based Applicants Can Apply for Adjustment of Status

Effective October 1, 2015, there is a new procedure for determining when beneficiaries of family-based preference petitions can file applications for “Adjustment of Status” with USCIS. The new procedure will enable some beneficiaries to file for adjustment earlier than current procedures allow. However, the timing for approval of these adjustment applications will remain the same. This new...
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