FREE DOWNLOAD: Click Here To Download The Employers Guide to the H-1B Process.

FREE DOWNLOAD: Click Here To Download The Employers Guide to the H-1B Process.

San Francisco Immigration Law Blog

Recent Updates to EB-5 Visas Making an Impact

Employment visas are more in demand than ever among people seeking to immigrate to the US. For example, the H-1B program received over 700,000 registrations for just 85,000 potential visas for fiscal year (FY) 2024. That’s why alternatives like the EB-5 visa are becoming increasingly popular. In 2022, the EB-5 visa was subject to revisions that made the program more

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OPT Beneficiaries Sue DHS for Alleged Unlawful Visa Denials

The FY 2024 H-1B lottery season has been one of the most complicated application periods of the last decade, and this shows no sign of changing. In a recent development, nearly 70 OPT visa holders have sued the federal government, claiming their H-1B applications were unjustly denied.  The class-action lawsuit, Sharma et al. v. United States Department of Homeland Security,

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Approved Recommendation Could Reopen 230,000 Unused Green Cards

In a significant move to support potential US immigrants, the US President’s Advisory Commission has approved a recommendation to recapture up to 230,000 green cards that have gone unused since 1992.  Normally, the US offers up to 140,000 green cards annually. However, these visas are subject to caps based on country of origin. Only 7% of the 140,000 limit may

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Increases to Visa Costs Delayed Until 2024

After six months of little word about the proposal, USCIS has announced that proposed increases to visa fees will not be instituted until March 2024. This is excellent news for both potential employment visa recipients and their sponsors, as the rate increases primarily focused on these applications.  However, USCIS is just delaying fee hikes, not canceling them. The agency still

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USCIS Provides New Guidelines for Compelling Circumstances EADs

Foreign nationals with H-1B visas rely on their employment to remain in the US. H-1B holders are technically defined as nonimmigrants, but many have approved I-140 applications and are waiting for their green card.  This nonimmigrant status puts them in a precarious and even dangerous position if they lose their jobs. In most cases, they must either find new employment

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Changes to US Citizenship Tests Put Pressure on English Comprehension

For the first time since 2008, the US citizenship test is being permanently updated. According to advocates, the new design could put people with lower English proficiency levels at a disadvantage.  The exam is a critical step toward receiving US citizenship. Many people never receive full citizenship, instead living in the US as permanent residents with their green cards instead.

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Canadian Program to Recruit US H-1B Visa Holders Meets Quota in One Day

US H-1B visas are more popular than ever before. In fact, these employment visas are so renowned for attracting educated and driven applicants that Canada has opened a program specifically to poach H-1B holders.  This program, known as the Tech Talent Strategy, was designed to attract some of the best and brightest H-1B applicants to Canada. It offered applicants with

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Supreme Court Permits Biden Administration to Limit Immigration Arrests

In a major win for immigration reform and the Biden administration, the Supreme Court has ruled that it may reinstate rules to reduce overall immigration arrests by Immigration and Customs Enforcement (ICE).  The Court issued its 8-1 ruling in the case United States v. Texas in favor of the administration, stating that the executive branch has the broad power to

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U.S. Pilot Program May Permit Limited In-Country Renewal of H-1B Visas

As part of a new “people-to-people” initiative, the Biden administration has announced the launch of a limited pilot program to permit recipients of certain employment visas to renew their visas without leaving the country.  This announcement occurred after a bilateral meeting between President Biden and Indian Prime Minister Narendra Modi. Tens of thousands of H-1B workers must leave the U.S.

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AOS vs. IVP: Which Is Better for Foreign Nationals in the US?

Once your I-140 petition is approved, you can take the next step toward permanent residency and apply for your green card. Under the Immigration and Nationality Act (INA), there are two paths through which a prospective permanent resident can get their green card: adjustment of status petitions and immigrant visa processing.  In some cases, people who have made it to

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