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

USCIS Opens Registration for FY 2024 H-1B Visas

As of noon eastern time on March 1st, USCIS has officially opened the registration period for H-1B visas for fiscal year (FY) 2024. The registration period lasts through noon EST on March 17th, and late registrations will not be accepted unless the registration cap is not reached.  During the registration period, prospective applicants and their representatives can submit their information

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Suggestions for Employers Regarding New H-1B Regulations

The H-1B portability provision has now been in place for several years. USCIS has refined the portability process over this time, as have the expert immigration attorneys at Litwin & Smith. With the knowledge and experience we’ve gained regarding H-1B portability, we are returning to update this article to provide employers with our current suggestions for hiring H-1B employees already

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Leaked Memo Indicates Biden Administration Could Authorize Employment for Certain Visas

Last year, the White House released an announcement stating, “The Biden-Harris Administration believes that one of America’s greatest strengths is our ability to attract global talent to strengthen our economy and technological competitiveness.” This statement was made in connection with several systems intended to clarify the visa processes for STEM workers, and confirmed that the administration intends to continue making

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USCIS Proposes Adjustments to Visa Application Fee Structure

In January, U.S. Citizenship and Immigration Services (USCIS) announced a proposed rule that would significantly alter fee structures for many visa applications. The USCIS proposal is intended to cover the costs associated with these applications, as the agency is primarily funded through filing fees.  According to the announcement, USCIS thoroughly reviewed the costs associated with immigration and naturalization applications of

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USCIS Resolves Lawsuit Impacting H-1B and L-1 Visa Holders

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) has settled a lawsuit that could ease burdens on H-1B and L-1 visa recipients and their families. The recent settlement of Edakunni v. Mayorkas could significantly reduce work authorization processing times for spouses of these visa beneficiaries. The case focused on the 2019 decision to “unbundle” the

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What You Need to Know About New Border Enforcement Actions

In an official fact sheet released by the White House on January 5th, 2023, the Biden-Harris Administration announced a series of new border enforcement actions that may impact migrants to the U.S. The fact sheet covers the administration’s plans regarding border security and immigration from Central and South American countries, including Haiti, Venezuela, Nicaragua, and Cuba.  The announcement comes following

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Hiring Laid-Off H1B Visa Holders

Significant layoffs in the technology industry have put pressure on many current H-1B visa holders who have just been let go. Employers who choose to fire a worker in the country on an H-1B visa release their sponsorship. As such, the employee’s visa no longer allows them to remain in the country until its original expiration date. Once they have

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Employers: Prepare for the 2024 H-1B Season

The H-1B visa is one of the most coveted non-immigrant visas offered by the United States. The popularity is due to foreign nationals’ ability to have dual intent. This is the intent to enter the U.S. on a temporary work visa and obtain an adjustment of status to an immigrant visa eventually.  However, the U.S. has a cap each year

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How TPS Holders Can Apply for Green Cards

People in the US with Temporary Protected Status (TPS) now have a path to apply for green cards. Under the Trump administration, the US Citizenship and Immigration Services (USCIS) had halted a critical process that allowed many foreign nationals to apply for permanent residency. However, the agency has reinstated this process, once more allowing TPS holders to pursue their green

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What Is Temporary Protected Status and What Are the Benefits in 2022?

Early in August, the US Citizenship and Immigration Services (USCIS) announced that it is reinstating a process that will allow people covered by Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA) to apply for green cards in the US. This gives thousands of migrants the chance to become permanent residents, including many who technically entered the US

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