Work Visas

There are a variety of employment visas available to individuals seeking to come to the United States to work. These visas can be temporary or permanent in nature. At The Law Offices of Grinberg & Segal, PLLC, we strive to provide comprehensive legal services to those wishing to obtain employment visas. The following is a brief description of the types of employment visas our firm can assist you in obtaining.

Most categories of nonimmigrants in lawful status are eligible to change from one nonimmigrant classification to another. For a change of status application to be approved, the alien must meet the requirements for the status that he or she is seeking to change to. Additionally, in order to petition for a change of status, the nonimmigrant must be maintaining a valid nonimmigrant status. However, the United States Citizenship and Immigration Services (USCIS) has the nunc pro tunc discretion to approve a change of status that was filed late or filed after the nonimmigrant failed to maintain his or her previously accorded status. In this article, we will examine the statutes, regulations, and agency guidance regarding change of nonimmigrant status. If you are interested in learning about a specific nonimmigrant category, please search our website to find the information that you are looking for.

On October 23, 2017, the United States Citizenship and Immigration Services (USCIS) released Policy Memorandum 602-0151, titled “Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status.” This new memorandum instructs USCIS officers to apply the same level of scrutiny to requests for extension of status in certain nonimmigrant visa categories that it applies to the initial requests for the visas. In so doing, the new Memorandum rescinds an April 23, 2004 memorandum titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity.” In this article, we will examine the new guidance for certain nonimmigrant visa extension petitions and compare them to the guidance that had been in effect since 2004.

On November 14, 2016, the United States Citizenship and Immigration Services announced that it released the new edition of the Form I-9, Employment Eligibility Verification. The new edition of the Form I-9 is dated 11/14/16. Starting on January 22, 2017, all employers will be required to use the new edition of the Form I-9 dated 11/14/16. However, until that date, employers may continue to use the version of the Form I-9 dated 03/08/13.

On April 20, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it had changed the direct filing addresses for filing certain forms for L, O, or P nonimmigrant beneficiaries who will be working or training in Florida, Georgia, or North Carolina. In this post, we will detail the changes.

On April 12, 2017, the United States Citizenship and Immigration Services (USCIS) issued Policy Memorandum 602-0143, designating the Administrative Appeals Office (AAO) decision in the Matter of I-Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017) as an “Adopted Decision” of the USCIS. In the Matter of I-Corp, the AAO clarified the fact that the USCIS cannot approve a visa petition that is based on an illegal, or otherwise invalid, employment agreement. The decision made clear that in order to prevent conflicts with the Fair Labor Standards Act, the USCIS is required to ensure that a beneficiary will not be paid a wage that is less than the minimum wage under state or Federal law, whichever is higher, before approving an employment-based visa petition.

The United States Citizenship and Immigration Services (USCIS) announced that, as of May 25, 2017, it had reached the annual CW1 visa cap for fiscal year 2018 of workers who may be issued CW1 visas or otherwise provided with CW1 status. The USCIS noted that, although the fiscal year 2018 CW1 cap has not been set, it is required by law to be less than the fiscal year 2017 CW1 worker cap of 12,998.

On May 23, 2017, the United States Citizenship and Immigration Services (USCIS) issued a policy memorandum (PM) adopting a decision of the Administrative Appeals Office (AAO) as binding USCIS policy. The adopted decision is titled the Matter of A-T- Inc, Adopted Decision 2017-04 (AAO May 23, 2017). The Matter of A-T- clarifies existing rules relating to qualifying for an H1B cap exception based on having been awarded a master’s degree or higher. Specifically, the AAO held that the institution conferring the advanced degree to the H1B beneficiary must have qualified as a “United States institution of higher education” at the time the beneficiary’s degree was earned. In this article, we will discuss the facts and procedural history of the Matter of A-T-, the AAO’s reasoning and decision, and what the decision will mean going forward now that it is binding on all USCIS employees.

In general, a nonimmigrant who is not employment authorized incident to status or must present a valid and unexpired Employment Authorization Document (EAD) in order to be work-authorized. This presents a difficult situation for an individual whose valid and unexpired EAD was either lost, stolen, or destroyed. Under certain circumstances, a nonimmigrant may be able to establish eligibility to work while he or she procures a replacement EAD. In this article, we will explain what a nonimmigrant would be required to do in order to work for 90 days while waiting for a replacement EAD.

On April 18, 2017, President Donald Trump issued Executive Order 13788, titled “Buy American and Hire American.” The Executive Order 13788 was published in the Federal Register (FR) on April 21, 2017. The purpose of the “Buy American and Hire American” Executive Order is to direct relevant Federal departments to craft policies that will encourage the purchase of American-made products and the hiring of U.S. workers. In this article, I will examine the provisions of Executive Order 13788 that implicate the immigration laws, most notably the H1B program.

On June 6, 2017, the Department of Labor (DOL) released a statement titled “US Secretary of Labor Protects Americans, Directs Agencies to Aggressively Confront Visa Program Fraud and Abuse”. The news release outlines new steps taken by the Secretary of Labor, Alexander Acosta to confront visa program fraud and abuse. The DOL statement follows similar statements of policy by the United States Citizenship and Immigration Services (USCIS) and the Department of Justice (DOJ) in April. In this post, we will examine the news release by the DOL on confronting visa program fraud and abuse.

Ambassadors, Diplomats, Public Ministers and other Diplomatic Personnel can apply for an A-visa if they are traveling to the United States on behalf of their government with an intended official purpose. The purpose for which the applicant is traveling should be government-natured. A-1 and A-2 status remains valid as long as their position is recognized by the Secretary of State.

Effective January 15, 2016, the Department of State updated Mexico’s visa reciprocity schedule for the A1 and A2 nonimmigrant visa categories for diplomats.

The United States has signed Treaties of Commerce and Navigation with a host of foreign countries. Please refer to the List of Treaty Countries for more information on which countries have treaties with the United States. Aliens who are from a treaty country and who meet the requirements set forth in statutes and regulations are eligible for E-category visas. The E1 visa is available for treaty traders and the E2 category is available for treaty investors. The E3 category is available to Australian specialty occupation workers and has similar requirements to the H1B category.

Immigration adjudicators have dealt with the question of whether an alien who is a dual national may use both nationalities for immigration purposes. Significant administrative precedent has interpreted the immigration laws as only allowing an alien to use the nationality that he or she entered the United States under for immigration purposes. In this article, we will explore this issue with regard to E2 treaty investor visas.

Treaty Countries List of countries participating in the Treaty Trader (E1) or Treaty Investor (E2) visa programs. Treaty Country Visa / Classification Effective DateTreaty Country Visa / Classification Effective Date Treaty Country Visa / Classification Effective Date Albania E2 January 4, 1998 France E1E2 December 21, 1960 Norway E1 E2 January 18, 1928 Argentina E1 October 20, 1994 Georgia E2 August 17, 1997 Oman E1 E2 June 11, 1960 Armenia E2 March 29, 1996 Germany E1 E2 July 14, 1956 Pakistan E1 E2 February 12, 1961 Australia E1 E2 December 16, 1991 December 27.

On June 8, 2012, then-President Barack Obama signed legislation that had been passed by Congress in 2011 providing for the designation of Israel as a foreign state under section 101(a)(15)(E) of the Immigration and Nationality Act (INA). The DOS explained that “Israel is in the process of making certain regulatory changes that we expect will provide a basis for the Department of State to make a determination that Israel meets the similarity of status requirement.” The DOS initially predicted that E2 visas will be available for nationals of Israel by the fourth quarter of 2017. However, it has now shifted its projection to early 2018.

The Immigration and Nationality Act (INA) authorizes the I nonimmigrant visa category for representatives of the foreign information media coming to work as foreign media representatives in the United States. In this article, we will examine the relevant statutes regarding the I-visa category, the rules for demonstrating eligibility for an I-visa with the Department of State (DOS), and the rules for maintaining and extending I status.

The H1B visa is a type of nonimmigrant visa that allows the visa holder to work in a statutorily defined “specialty occupation” in the United States for three years, with extensions possible in most cases. In order to apply, the nonimmigrant applicant’s employer must submit an H1B petition to the United States Citizenship and Immigration Services (USCIS).

On January 8, 2010, United States Citizenship and Immigration Services (USCIS) released an important memorandum by the Associate Director Donald Neufeld titled “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements”. While the Memo was written to advise USCIS officers on how to determine whether a prospective employer-employee relationship is valid for H1B purposes, it is also instructive for understanding what USCIS officers will look for in evaluating employer-employee issues pertaining to H1B Visas. We will use the Memo, along with other resources, to explore what constitutes an acceptable employer-employee relationship for H1B purposes.

The H1B visa category is a nonimmigrant visa for employing foreign professionals in specialty occupations. By definition, a specialty occupation position requires either the attainment of a baccalaureate degree or higher or the equivalent of such a degree through experience. In this article, we will examine degree equivalencies in the H1B context.

In order to stay in status, an H1B employee must continue working for his or her H1B employer while in the United States. Generally, an H1B employee must be in status in order to change, extend, or adjust status. This brings up several complicated situations in the case in which the H1B employer terminates the H1B employee’s employment. In this article, we will examine the issues surrounding the termination of an H1B employee while the H1B visa remains valid from the perspective of the H1B employee and the perspective of the H1B employer.

The H1B visa category is open to fashion models of “distinguished merit and ability.” Although the documentary requirements for petitions for H1B fashion models are distinct from other H1B petitions, H1B fashion models are subject to the same rules as H1B specialty occupation workers regarding the period of stay and extensions of stay. In this article, we will review the statutes and regulations regarding H1B fashion models as well as when the O1 visa category may be a superior option to the H1B category.

H1B status is authorized for a very limited number of aliens entering to render services relating to a Department of Defense (DOD) cooperative research and development or coproduction project. This category is referred to by United States Citizenship and Immigration Services (USCIS) internally as H1B2 [AFM 31.3(a)(3)]. Only 100 H1B2 DOD project aliens may be in the United States on H1B status at any time. H1B2 applicants must meet the same specialty occupation education and experience requirements that H1B specialty occupation applicants must meet. However, there are certain unique rules regarding H1B2 status, most notably that the maximum period of stay is 10 years instead of 6. In this article, we will examine the rules for H1B2 classification and status.

On January 4, 2017, the United States Citizenship and Immigration Services (USCIS) made the Administrative Appeals Office (AAO) decision in the Matter of T-O-S-U-, Adopted Decision 2017-01 (AAO Jan 4, 2017), an adopted decision of the USCIS. In the Matter of T-O-S-U-, the AAO held that a “physician of national or international renown” – for the purpose of regulations in 8 C.F.R. 214.2(h)(4)(viii)(C) – “is a doctor of medicine or osteopathy who is the field of medicine within one or more countries, so long as the achievements leading to national renown are comparable to that which would result in national renown in the United States.” Being classified as a “physician of national or international renown” allows an alien who is the beneficiary of an H1B petition to be exempt from the normally applicable medical licensing examination requirement. In this article, we will examine the facts of the Matter of T-O-S-U-, the AAO’s analysis and decision, and what the USCIS adopting the Matter of T-O-S-U- means for “physician of national or international renown” determinations going forward.

In general, if an H1B petition is for an alien to practice an occupation in a state for which a license is required, the alien must have the requisite license in order for the petition to be approved. However, there are limited circumstances in which an H1B petition can be approved for an alien who does not yet possess the license. This article will discuss the rules for when a petition can be approved for an alien with a temporary license.

The DHS amended 8 C.F.R. 214.2(h)(4)(v)(C), a regulation that details when H1B status may be granted to an individual who is unable to obtain a required professional license. The final rule explains that the amendments are meant to bring the DHS regulations in line with what was already DHS policy, while expanding on existing policy in certain cases. In this article, we will examine the amended provisions regarding H1B licensing exemptions and what they mean going forward.

On May 20, 2009, the Chief of Service Center Operations at the United States Citizenship and Immigration Services (USCIS) – Barbara Q. Velarde – issued a Policy Memorandum titled “Requirements for H-1B Beneficiaries Seeking to Practice in a Health Care Occupation” (“Velarde Memo”). The Memorandum deals with H1B licensure issues for petitions filed on behalf of beneficiaries seeking employment in a healthcare specialty occupation. In this article, we will examine the Velarde Memo and what it means for H1B petitions for employment in a health care specialty occupation.

On March 31, 2017, the United States Citizenship and Immigration Services (USCIS) released a Policy Memorandum titled “Recission of the December 22, 2000 ‘Guidance memo on H1B computer related positions.’” As the title suggests, the new memorandum supersedes and rescinds the December 22, 2000 memorandum issued by Terry Way to employees of the Nebraska Service Center. The new memo makes clear that an H1B petitioner for a computer programmer position has the burden of establishing that the petition being offered is a “specialty occupation” petition in accord with the H1B regulations. Furthermore, it offers guidance regarding the fact that not all positions for computer programmers meet this standard.

On April 3, 2017, the USCIS announced several initiatives designed to combat H1B fraud and abuse. In this article, we will examine the initiatives and discuss what they mean for H1B employers and workers going forward.

On April 3, 2017, the Department of Justice (DOJ) issued a news release titled “Justice Department Cautions Employers Seeking H-1B Visas Not to Discriminate Against U.S. Workers” As the title of the news release suggests, the DOJ “cautioned employers petitioning for H-1B visas not to discriminate against U.S. workers.” In this article, we will examine the DOJ's news release.

On August 9, 2017, the United States Citizenship and Immigration Services issued a Policy Memorandum titled “Definition of ‘Affiliate’ or “Subsidiary’ for Purposes of Determining the H-1B ACWIA Fee” (“ACWIA fee memo”). The USCIS issued the ACWIA fee memo to provide agency guidance on the proper definitions of “affiliate” and “subsidiary” under section 214(c)(9)(B) for purpose of determining the appropriate H1B ACWIA fee. Ultimately, the USCIS decided to adopt existing definitions of the terms from regulations regarding L1 visa petitions. In this article, we will examine the guidance in the ACWIA fee memo on determining the appropriate H1B ACWIA fee.

On February 4, 2016, the Department of State (DOS), in conjunction with the Department of Homeland Security (DHS) published an interim final rule in the Federal Register [81 FR 5906, 2/4/16] which will require a passport and visa for certain nationals from the Caribbean who are entering the United States in H2A status. This rule will take effect on February 19, 2016. It will affect British, French, and Netherlands nationals and nationals of Antigua, Barbados, Grenada, Trinidad and Tobago, who have their residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area or in Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago who are seeking to enter the United States in H2A status or as derivatives of a principal H2A agricultural worker.

Employers in the U.S. who wish to bring over foreigners as temporary workers can do so by taking advantage of the H-2B program. This program allows the employers to petition for individuals overseas and have them lawfully working in the U.S. for a given period of time. With the H-2B program, employers or agents in the United States can bring workers from overseas to fill temporary, nonagricultural positions. However, the employer or agent needs to meet certain eligibility requirements and file a petition for nonimmigrant worker (I-129 form) on behalf of the potential worker.

On December 18, 2015, President Barack Obama signed the 2016 Consolidated Appropriations Act (Public Law 114-113) into law. It contains provisions affecting the H2B non-agricultural visa program. The Department of Labor Office of Foreign Labor Certification (OFLC) released an “Emergency Guidance” on December 29, 2015, to quickly create policies for implementing the changes to the H2B statutes. This article will discuss the changes to the H2B program and how the OFLC has indicated that the changes will be implemented.

On February 19, 2016, the Department of Labor’s (DOL’s) Office of Foreign Labor Certification (OFLC) announced that it would begin “disclosing case processing information [for H2B applications] through [the] iCERT System … which will be updated at least weekly.”

On July 19, 2017, the Secretaries of Homeland Security and Labor released a joint temporary rule in the Federal Register (FR) titled “Exercise of Time-Limited Authority To Increase the Fiscal Year 2017 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program.” After consulting with the Secretary of Labor, Homeland Security Secretary John Kelly opted to use his one-time statutory authority to authorize the issuance of an additional 15,000 H2B visas through the end of fiscal year 2017. The one-time increase was authorized by a recent continuing resolution to fund the federal government through the rest of fiscal year 2017. The FR notice makes clear that the increase will not affect the H2B program in future years. In this article, we will briefly examine the new final rule and what it will mean for H2B employers and H2B workers for the rest of fiscal year 2017.

The H3 nonimmigrant visa category is for aliens who are coming to the United States to participate in a training program. The H3 visa is not available for any program that is designed primarily to provide productive employment. The H3 visa is not available for graduate medical training. In this article, we will look at the eligibility requirements for H3 trainee status, the application process, and the rules while on H3 trainee status.

Section 223 of the Immigration Act of 1990 (IMMACT90) created a special education exchange visitor program that allows for up to 50 special education teachers to be granted H3 visas to receive special training and experience in the United States each year. Although this program is processed under the H3 category, the rules and regulations regarding the program are generally distinct from the rest of the H3 category.

The L1 nonimmigrant visa category is for intracompany transferees. A qualifying organization (for L1 purposes) may petition to transfer an employee from overseas to a parent, branch, subsidiary, or affiliate in the United States. There are two categories for beneficiaries. L1A visas are for persons who will work in a managerial or executive capacity and L1B visas are for those who will work in a capacity that involves “specialized” knowledge. In addition, certain relatives of L1 visa beneficiaries may be eligible for derivative L2 visas. This article will provide an overview of general requirements for L1 and L2 petitions.

Certain qualifying petitioners are eligible to file an L1 visa blanket petition, wherein the petitioner may apply for blanket approval of many L1A and L1B visa beneficiaries. These articles will explain the eligibility requirements for L blanket petitions and the L blanket petition procedure.

This article will provide an overview of the requirements for eligibility for an L1A Intracompany Transferee Executive or Manager Visa, and explain what the petitioning entity and the L1A beneficiary must do in order for the beneficiary to remain in L1A status.

This article will provide an overview of the requirements for eligibility for an L1B Intracompany Transferee Specialized Knowledge Visa. The article will discuss eligibility requirements specific to the L1B (L-1B) visa, situations that may arise when an L1B beneficiary is working offsite from the petitioning employer, and rules for maintenance of and/or change or adjustment from L1B status.

The North American Free Trade Agreement (NAFTA) allows for a citizen of Canada to present a completed L1 visa petition to Customs and Border Protection (CBP) in lieu of having the petition filed in advance with a United States Citizenship and Immigration Services (USCIS) Service Center. This allows the petition to be adjudicated in conjunction with an application for admission. A Canadian citizen who is admitted in L1 status through this procedure will be admitted without having to obtain an L1 visa.

Customs and Border Protection (CBP) designated fourteen ports of entry for optimized processing of first-time Canadian applicants for admission in the TN or L1 nonimmigrant categories. Although a first-time Canadian applicant for TN or L1 status may use any port of entry, the designated ports of entry for optimized processing will be able to process the application expeditiously.

On December 29, 2017, the United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum (PM) titled “L-1 Qualifying Relationships and Proxy Votes” (PM-602-0155). The memorandum clarifies that to establish a qualifying relationship for an L1 nonimmigrant visa petition between a foreign entity and the U.S. petitioner, proxy votes (where applicable) “must be irrevocable from the time of filing the L-1 petition through adjudication…” The memorandum serves to clarify a published administrative precedent decision – Matter of Hughes, 18 I&N Dec. 289 (Comm’r 1982) – which addressed several scenarios involving qualifying relationships for L1 purposes, but which did not set guidelines for proxies. Please note that the guidance applies equally in the L1A executive and manager and L1B specialized knowledge contexts. In this article, we will examine the new USCIS policy for proxies in the L1 context.

On May 26, 2015, The United States Citizenship and Immigration Services (USCIS) will be extending employment eligibility for certain nonimmigrants in valid H-4 status. H-4 Visas are issued to dependent spouses of H-1B Nonimmigrants. This extension will allow eligible dependent spouses in valid H-4 status to receive employment authorization. This change comes as part of President Obama's immigration-based executive actions that were proposed back in November of 2014.

The O1 visa category is for “individuals with extraordinary ability or achievement.” The O1A category is for aliens who demonstrate a record of extraordinary ability in the arts, sciences, education, business, or athletics. The O1B category is for aliens with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. The related O2 visa category exists for certain aliens who are coming to accompany and assist an O1 artist or athlete for a specific event or for specific events. In this article, we will provide a comprehensive overview of petitioning in the O1 visa category.

The O2 nonimmigrant visa category exists for aliens who are seeking to enter the United States temporarily and work by accompanying and assisting the artistic or athletic performance of an O1 alien of extraordinary ability. In this article, we will examine the requirements for establishing eligibility for O2 status and general rules about the petitioning process.

In this article, we will examine the petition approval process and rules of status for O1 aliens of extraordinary ability or extraordinary achievement, O2 accompanying aliens, and O3 spouses and children of O1 and O2 aliens.

The P1A visa category is for internationally recognized athletes. The P1A category is available to individual athletes and to international teams (a team requires at least two members) coming to compete in events in the United States. In this article, we will discuss the rules and regulations surrounding the P1A category for internationally recognized athletes.

The P visa category is a nonimmigrant work visa category for: internationally recognized athletes (P1A); members of an internationally recognized entertainment group (P1B); individual performers or part of a group entering to perform under a reciprocal exchange program (P2); or an artist or entertainer coming to be part of a culturally unique program (P3). The spouse and unmarried minor children of principal P visa holders are eligible for P4 visas. This article will discuss the rules and regulations regarding the P1B category for a member of an internationally recognized entertainment group.

The P2 visa is for artists and entertainers coming to the United States as part of a reciprocal exchange program either individually or as part of a group. In this article, we will discuss the rules and regulations surrounding the P2 category for artists or entertainers, either individually or as part of a group, seeking to enter under a reciprocal exchange program.

The P3 category is for artists and entertainers coming to the United States to particulate in a culturally unique program. In this article, we will discuss the rules and regulations surrounding the P3 category for artists and entertainers coming to the United States to be part of a culturally unique program.

The Q1 visa is a temporary nonimmigrant work visa for international cultural exchange visitors. In addition to being an employment-oriented program, Q1 nonimmigrants must communicate about their cultural attributes as part of the qualifying exchange program. In this article we will examine the requirements for Q1 status, the rules for being on Q1 status, and options for the spouse or minor child(ren) of a Q1 nonimmigrant to gain nonimmigrant status in the United States.

On October 24, 2016, the United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum (PM-602-0138) designating a decision of the Administrative Appeals Office (AAO) as an adopted decision. I explains that where a language immersion school program meets the regulatory requirements, it may be eligible for designation as an international cultural exchange program, allowing it to petition to classify teachers as Q1 international cultural exchange visitors. In this article, we will examine the facts and procedural history of the Matter of R-C-C-S-D-, the AAO’s analysis and decision, and the effect that designating this as an adopted decision will have on the Q1 international cultural exchange program going forward.

On April 14, 2016, the United States Citizenship and Immigration Services (USCIS) designated as an adopted decision the Administrative Appeals Office’s decision in the Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016). The Matter of Z-A-, Inc., deals with determining when the beneficiary of an L1A petition will “primarily manage an essential function” of the petitioning employer. The decision sets forth that the USCIS must weigh all of the relevant factors in the case, including, if applicable, evidence of the beneficiary’s role within the wider qualifying international organization. Specifically, the adoption of the decision establishes that in certain cases, the USCIS may be required to consider evidence presented by a petitioner of personnel employed by a related entity within the qualifying organization who perform day-to-day non-managerial tasks for the petitioning entity. In this article, we will review the facts of the underlying case and the broader effect of the new policy guidance on similar determinations in the L1A adjudications context.

The North American Free Trade Agreement (NAFTA) created the special TN nonimmigrant category for certain professionals from Canada and Mexico seeking to work in the United States. Canadian citizens are generally eligible to be admitted on TN status without a visa, whereas Mexican citizens must obtain a TN visa to be admitted in TN status. The spouse and child(ren) of a TN nonimmigrant are eligible for TD status as derivatives. This article will look at the relevant statutes, regulations, and agency guidance to explain the rules for qualifying for and maintaining TN and TD status.

On November 21, 2017, the United States Citizenship and Immigration Services (USCIS) announced the cap for the Commonwealth of the Northern Mariana Islands (CNMI) Transitional Workers Program (CW1 program) over its final three fiscal years. Under statute, the USCIS is required to wind down the CW1 program “by reducing the number of works … to zero by Dec. 31, 2019.”

On November 20, 2017, the United States Citizenship and Immigration Services (USCIS) issued Policy Memorandum (PM)-602-0153, titled “TN Nonimmigrant Economists Are Defined by Qualifying Business Activity.” The memorandum, which constitutes binding policy guidance for all USCIS employees, “clarifies that for an applicant to qualify for TN status based on work in the profession of economist, the applicant must engage in activities consistent with the profession of economist.” Accordingly, the memorandum lists activities that are not consistent with the profession of economists – such as activities performed by financial analysts, market research analysts, and marketing specialists – that would not qualify an individual to qualify for TN status based on work in the profession of economist. In this article, we will examine the new rules for TN economists.

The Department of Homeland Security (DHS) regulations provide for a 240-day extension of employment authorization for certain classes of nonimmigrant work visa holders on whose behalf a timely extension of stay petition has been filed. All of the classes covered are nonimmigrant visa categories that provide employment authorization incident to status – meaning without the need for a separate application for employment authorization. As we will examine, the extension only allows for employment with the same employer and under the same conditions and limitations noted in the initial application. The main regulation is found in 8 C.F.R. 274a.13(b)(20). In this article, we will examine the regulations and related issues involving the 240-day extension provision.

The USCIS allows Form I-129, Petition for Nonimmigrant Worker, petitioners requesting either an extension of status or change of employer to submit an inquiry after the Form I-129 has been pending for 210 days or more. The USCIS added that “[t]his inquiry may be based on the petition being outside of normal processing times.”

On March 23, 2018, the United States Citizenship and Immigration Services (USCIS) designated a decision of the Administrative Appeals Office (AAO) as an “adopted decision.” The decision, Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018), addresses the definition of “related entities” in the H1B petitioning context. The AAO clarified that the term “related entities,” as found in 8 CFR 214.2(h)(2)(i)(G), “includes petitioners, whether or not related through corporate ownership and control, that file cap-subject H1B petitions for the same beneficiary for substantially the same job.” In cases where related entities file multiple petitions for the same H1B beneficiary, the USCIS will revoke the approval of all such cap-subject petitions “[a]bsent a legitimate business interest to file multiple cap-subject petitions for the same beneficiary.” In this article, we will examine the factual and procedural history of Matter of S- Inc., the AAO’s reasoning and decision, and what this decision will mean now that the USCIS has adopted it as binding policy guidance.

On May 11, 2018, the United States Citizenship and Immigration Services (USCIS) and the Department of Justice (DOJ) entered into a Memorandum of Understanding (MOU) that creates a framework expanding collaboration to detect and eliminate fraud, abuse, and discrimination by employers in bringing foreign nationals to work in the United States. The MOU was prompted in part by President Donald Trump’s “Buy American and Hire American” Executive Order.

On April 9, 2015, the decision of the Administrative Appeals Office (AAO) in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015) was published for precedent. The decision dealt with changes in the place of employment for H1B workers. The AAO held first that when the place of employment of an H1B worker is changed to a geographical area requiring a corresponding Labor Condition Application (LCA), that is deemed a “material change” under regulations in 8 C.F.R. 214.2(h)(2)(i)(E) and (11)(i)(A). Second, the AAO held that, in such cases, the petitioner must file an amended H1B petition with the corresponding LCA. In this article, we will examine the factual and procedural history of Matter of Simeio Solutions, LLC, and the AAO’s reasoning and decision.

On July 21, 2015, the United States Citizenship and Immigration Services (USCIS) published Policy Memorandum (PM)-602-0120, titled “USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC” (“the Memo”). The Memo provides guidance to all USCIS employees about the implementation of the Administrative Appeals Office (AAO) immigration precedent decision in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015). In Matter of Simeio Solutions, the AAO held that an H1B employer must file either a new or an amended H1B petition if it moves an H1B employee to a location where a new Labor Condition Application (LCA) is required. In this article, we will review the USCIS’s policy guidance for implementing Matter of Simeio Solutions, LLC.

If there is a change in the terms or conditions of H1B employment that would materially affect an H1B worker’s eligibility for H1B classification, the H1B petitioner must file a new or amended H1B petition to account for the change. In this article, we will review guidance dating back to 1992 on the issue of when a new or amended H1B petition is required.

In most cases, O1 and O2 nonimmigrant visa petitions must include a consultation letter from a U.S. peer group, labor organization, and/or management organization. On September 14, 2018, the United States Citizenship and Immigration Services (USCIS) announced that it had begun “accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request.” The USCIS explained that the process for the petitioner submitting the necessary O visa consultation with the petition “remains unchanged.”

The United States Citizenship and Immigration Services (USCIS) allows certain petitioners who have filed a Form I-129, Petition for a Nonimmigrant Worker, to request speedy processing of the Form I-129 through the Premium Processing Service. In order to request premium processing, the petitioner must have filed a Form I-129 in a category that allows for premium processing, and must file a Form I-907, Request for Premium Processing Service, along with a fee. This article will explain the rules and benefits of the Premium Processing Service for nonimmigrant work visa petitions.

On November 15, 2018, the United States Citizenship and Immigration Services (USCIS) published a new policy memorandum titled “Satisfying the L-1 1-Year Foreign Employment Requirement; Revisions to Chapter 32.3 of the Adjudicator’s Field Manual (AFM).” PM-602-0167 provides clarifies certain rules for L1 petitions. First, it explains that “the L-1 beneficiary must be physically outside the United States during the 1 continuous year of employment (although in certain cases brief trips to the United States do not interrupt, or break, the 1 continuous year).” Second, it explains that “the petitioner and beneficiary must meet al requirements, including the 1 year of foreign employment, at the time the petitioner files the initial L1 petition.” In this article, we will examine the clarifications in PM-602-0167.

Effective February 8, 2019, the United States Citizenship and Immigration Services (USCIS) began accepting copies of negative consultation letters directly from labor unions relating to current or future P nonimmigrant visa petitions. This follows the USCIS's decision to adopt the same policy with respect to O visa petitions.

On March 19, 2019, the United States Citizenship and Immigration Services (USCIS) announced the start date for the FY 2020 H1B cap season. Additionally, it introduced several new changes and policies that will be implemented at the start of the FY 2020 cap season. We will examine the news in this post.

On March 30, 2018, the United States Citizenship and Immigration Services (USCIS) published a news alert titled “USCIS and CBP to Implement Form I-129 Pilot Program for Canadian L-1 Nonimmigrants.” The news release announces that “the USCIS California Service Center (CSC) and the U.S. Customs and Border Protection (CBP) Blaine, Washington, port of entry (POE) will implement a joint agency pilot program for Canadian citizens seeking L1 nonimmigrant status under the North American Free Trade Agreement (NAFTA).” In this article, we will examine the scope of the new Form I-129 pilot program for Canadian L1 nonimmigrants.

The United States Citizenship and Immigration Services (USCIS) issued an Adjudicator’s Field Manual (AFM) Policy Alert (PA) titled “Initial Period of Authorized Stay for P-1S Nonimmigrant Individual Athlete’s Essential Support Personnel.” The new update clarifies USCIS’s guidance regarding the period of stay for P1S essential support personnel for P1A athletes. We will examine the new guidance in this brief article.

Beginning on August 5, 2019, the USCIS will begin rejecting any Form I-129 petition that does not include the petitioner’s or applicant’s name and primary U.S. office address in Part 1 of the Form I-129.

On January 22, 2020, the United States Citizenship and Immigration Services (USCIS) announced that Iranian nationals are no longer for E1 treaty trader and E2 treaty investor classification.

On January 16, 2020, the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), determined the countries whose nationals will be eligible to participate in the H2A and H2B visa programs in 2020.

President Donald Trump suspended entry for certain foreign nationals entering on new H1B, H2B, J, and L nonimmigrants for the rest of 2020.

A list of the H2A and H2B eligible countries for 2021.

On May 17, 2021, the United States Citizenship and Immigration Services (USCIS) announced that it was temporarily suspending the biometrics submission requirement for certain nonimmigrant applicants filing the Form I-539, Application to Extend/Change Nonimmigrant Status.

The USCIS clarified its guidance on the applicability of competitive research grants and stipends from the U.S. Government for O1 visa beneficiaries in STEM fields.

The USCIS updated its guidance on sole proprietorships in the L1 visa context. While a sole proprietorship cannot petition for its owner, a sole proprietorship may petition for an employee.

A regularly updated list of countries whose nationals are eligible to participate in the H2A and H2B nonimmigrant visa programs.

USCIS updated its guidance on the extraordinary circumstances exception for untimely applications for nonimmigrant extension of stay or change of status.

Effective February 26, 2024, the USCIS increased the filing fee for Form I-907 premium processing requests related to Form I-129 nonimmigrant worker petitions.