Modernize the H-1B Visa Category

Once again—for the seventh straight year—the H-1B quota was reached in five days, triggering U.S. Citizenship and Immigration Services to embark on what has become an annual ritual: the random selection of petitions via lottery to fill the Congressionally mandated cap of 65,000 H-1B visas (plus an additional 20,000 for master’s degree candidates). This year,
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After another busy H-1B cap season, will the Trump administration chart a new course on high-skilled immigration?

With another busy H-1B cap filing season completed, U.S. companies are reminded that current policies toward high-skilled immigration remain both challenging and unpredictable. Recent changes this cap season continue to demonstrate a hard line toward the H-1B visa program. Yet, in recent months there has been talk of a possible softening of the administration’s position
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BAL Selects UiPath to Advance Robotic Process Automation for Global Mobility

Leading immigration law firm leverages automation to enhance client service and business performance DALLAS; NEW YORK; SAN FRANCISCO – Berry Appleman & Leiden LLP (BAL), the leading immigration law firm in the world, recently announced it has selected UiPath, the leading enterprise Robotic Process Automation (RPA) platform, to continue its intelligent automation journey. Last year,
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ICE sting operations against foreign students: a warning for employers?

The recent sting operation conducted by Immigration and Customs Enforcement (ICE) to catch foreign students that illegally secure Curricular Practical Training, or CPT, serves as a poignant reminder to employers about the potential pitfalls of hiring or continuing to employ these students. In its undercover investigation, ICE set up a phony university, a Michigan-based school
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Fact check: H-1B visas are not cheap, convenient or easy to obtain

Over the past two years, opponents of high-skilled immigration have put a bull’s-eye on H-1B visas. They have successfully advocated for policy changes that restrict the ability of U.S. companies to apply for the category, premised on the perception that high-skilled foreign workers are taking jobs away from Americans and that companies are abusing the
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New H-1B Plan Creates Bigger Problem Than It Aims To Solve

By David Berry and Eileen Lohmann Law360 (February 5, 2019, 1:34 PM EST) ‒ While Washington continues to look for a long-term solution on the budget, it has already created a potential long-term problem on immigration. On Jan. 31, 2019, the Trump administration issued a regulation to reform the H-1B lottery. Despite receiving hundreds of
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E-2 Treaty Investor Visas—A frequently overlooked alternative to H-1Bs

An increasingly competitive talent market and heightened scrutiny in traditional visa categories such as the H-1B, have compelled many employers to consider alternative strategies to recruit and retain foreign talent in the United States. One frequently overlooked option is the E-2 “Treaty Investor” visa. Though traditionally used for individual investors or smaller companies branching into the U.S.,
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‘Public charge’ rule would have widespread impact

The Department of Homeland Security has published a proposed rule that would expand its ability to deny visas or green card applications on the basis of a “public charge” determination. Specifically, the regulation would broaden the types of public assistance that could render an individual inadmissible. The rule is currently open for notice and comment until
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Green Card Tip: Get the Medical Done Before Filing for Adjustment of Status

Employees often wonder whether they absolutely must obtain the required sealed medical exam by a certified U.S. Citizenship and Immigration Services doctor prior to filing their adjustment-of-status application. While it is not absolutely required, we strongly recommend “yes” to getting it done before they file their application. Many are aware that USCIS guidelines allow for the
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The end of H-1B premium processing: heightened anxiety and uncertainty for employers and employees

The government’s recent decision to suspend premium processing for H-1B cap petitions until February—effectively spelling the end to expedited service for most H-1B cases for the rest of this year and part of next—is more than a small processing tweak. It will exact a substantial toll on businesses and their employees by removing their ability to control
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