Immigration

This article provides a checklist of action items for foreign companies making an initial expansion into the US, covering essential topics like choosing a business structure, navigating laws and regulations concerning immigration, employment, and taxes, and securing funding.

Read about the USCIS final rule adjusting the investment and revenue thresholds for International Entrepreneur Parole program (IEP) eligibility, effective October 1, 2024. The IEP program gives certain foreign national entrepreneurs another option for temporary authorization in the United States to grow a business and work for that business.]

Read about the USCIS’s plan to conduct a second H-1B cap lottery from the remaining pool of eligible H-1B registrations submitted during the March registration period.

A Conditional Permanent Resident (CPR) who obtained his or her CPR status through marriage (of less than two years) to a U.S. citizen or lawful permanent resident must file an Application for Removal of Conditions (using Form I-751) to remove conditions on his or her status and maintain Lawful Permanent Resident status. 

United States Citizenship and Immigration Services’ (“USCIS”) new appointment tool allows requestors, their attorneys, and accredited representatives to reschedule most biometrics appointments for both paper and online filings using the USCIS online account system.

Arash Bahar and John Quill discussed the features of the Online Organizational Accounts and how the updated H-1B registration process will work.

Maryanne Kline, Shannon Parker, and John Quill discussed the features of the Online Organizational Accounts and the electronic filing process that is availabe starting February 2024.

DHS Publishes Final H-1B Registration Rule; H-1B Registration Dates Announced

USCIS to Increase Immigration Filing Fees Effective April 1, 2024, find out its impact across several visa categories

The White House Office of Information and Regulatory Affairs received the final rule outlining the increased fees for US Citizenship and Immigration Services filings. OIRA has 90 days to complete its review, but the Biden administration may prioritize a final rule sooner.

The Department of State published an online tool H-1B visa applicants can use to determine if they are eligible for the stateside visa renewal pilot program announced in December 2023, which allows a limited number of H-1B nonimmigrants to renew their visas from within the US.

USCIS is working to publish a final rule in April that would implement a 40% overall weighted average increase to the immigration fee schedule.

On December 27, US Citizenship and Immigration Services (USCIS) announced that it will increase the fee for Premium Processing, effective February 26, 2024.

On December 12, 2023, US Citizenship and Immigration Services announced that it has received a sufficient number of H-1B petitions to reach the annual quota of 85,000 new H-1B filings for the FY2024 H-1B cap for H-1B registrations submitted in March 2023.

Read about DHS’s proposed new H-1B regulations aimed at modernizing the H-1B specialty occupation worker program, including by streamlining eligibility requirements.

Over the past several months, the Department of State (DOS) and Department of Homeland Security (DHS) have announced additional backlogs in the permanent residence (Green Card) quota system.  These additional backlogs have forced employers and their foreign national employees to adjust strategy in applying for permanent residence, and in maintaining lawful status and employment authorization in the U.S.

Read about how a partial government shutdown could impact employers’ onboarding processes, particularly in relation to the Employment Eligibility Verification (Form I-9) and DHS’s E-Verify system.