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In May 2014, the Department of Homeland Security announced a proposed rule to allow for work authorization for certain spouses of H-1B visa holders. The work permit is called an Employment Authorization Document or EAD. No time frame has yet been finalized for this benefit. Employment authorization could be extended to H-4 nonimmigrant spouses in […]

The Department of State (DOS) continues to work and make progress to restore the visa system to full capacity and functionality. It is anticipated it will take weeks to resume full visa processing capacity. Visa applicants are advised they might still experience delays of up to one week in addition to normal processing times. Applicants […]

U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2014, that it had received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2015, which begins on October 1, 2014. USCIS also received more than the limit of 20,000 H-1B petitions filed under the U.S. advance degree exemption. Approximately […]

On June 26, 2013, the Supreme Court unequivocally affirmed there is no legitimate reason for the federal government to discriminate against married couples based on sexual orientation. The Defense of Marriage Act (DOMA) of 1996 defined marriage as a legal union between a man and a woman. The implication of the Supreme Court’s historic decision […]

The H-1B visa category is used by employers hiring a foreign national in a professional level position (“specialty occupation”) requiring at least a Bachelor’s degree or the equivalent. The U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting H-1B petitions on April 1, 2014 , with a start date of October 1, 2014 (FY 2015). […]

An 8/20/13 Technical Assistance Letter (TAL) from the Department of Justice’s (“DOJ”) Office of Special Counsel, Deputy Special Counsel Seema Nanda, discourages pre-population of employee information in Section 1 of the I-9 Form by electronic I-9 programs due to potential discrimination concerns. Similarly, the Immigration and Customs Enforcement (“ICE”) has indicated that pre-population of Section […]

The H-1B visa category is used by employers hiring a foreign national in a professional level position (“specialty occupation”) requiring at least a Bachelor’s degree or the equivalent. This year, the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting H-1B petitions on April 1, 2010, with a start date of October 1, 2010 (FY […]