Employment Based Immigration
The Rules for Immigrants Wanting to Work in the United States on a Permanent Basis
This fact sheet defines the various components of the permanent, employment-based immigration system—and then describes how those components relate to each other in the application processes for each of the five preference categories. Read More
The H-1B Registration Period Has Ended. How Did the New System Handle It?
U.S. Citizenship and Immigration Services (USCIS) completed its first registration period on March 20 for H-1B petitions. The H-1B visa category allows highly educated foreign workers to temporarily work for employers in the United States. This was the first year USCIS used a new registration process… Read More
H-1B Registration Is Almost Here: What We Do and Don’t Know About USCIS’ New Process
For the first time, U.S. Citizenship and Immigration Services (USCIS) is requiring U.S. employers to register in order to have a chance to file an H-1B petition that is subject to the annual limits. Registration begins March 1. The H-1B visa category allows highly educated foreign workers to temporarily work… Read More
What We Know About USCIS’ New H-1B Cap Registration System
The new process for petitioning for highly educated H-1B workers will officially begin on March 1, 2020. For the first time, a U.S. employer who wants to file a petition that is subject to the annual limits must first register with U.S. Citizenship and Immigration Services (USCIS). The agency then… Read More
USCIS Announces Major Change to H-1B ‘Cap’ Filing With Electronic Registration
U.S. Citizenship and Immigration Services (USCIS) recently announced that U.S. employers will have to pay a $10 fee and register to have a chance at filing an H-1B petition subject to the statutory “cap” of 65,000 workers per fiscal year (FY). The… Read More
Comments Opposing Removal of 30-Day Processing Provision of Asylum Application-Related Form I-765 Employment Authorization Applications
Under current U.S. immigration law, the immigration service must make a decision on work permit applications filed by asylum seekers within 30 days of their application. The Trump administration proposed a regulation that would eliminate this deadline, creating immediate and harmful effects on asylum seekers and their families as well… Read More
Agency Delay Litigation: Opposing a Motion to Dismiss
This practice advisory summarizes the most common grounds raised by the government in motions to dismiss federal court agency adjudication delay lawsuits and outlines arguments that can be made in response. Read More
USCIS Implemented New H-1B Wage Level Policy Without Providing Sufficient Guidance to Its Staff
Newly released documents obtained under the Freedom of Information Act (FOIA) reveal that U.S. Citizenship and Immigration Services (USCIS) rolled out a major policy change impacting petitions for H-1B workers without sufficient training to officers deciding the petitions. The records reveal troubling insights into what likely… Read More
US Visa Policies Prevent Tech Startups From Hiring Foreign Workers
Tech startups are engines of innovation, economic growth, and job creation. Yet U.S. visa policies may be preventing startups from hiring the highly skilled foreign professionals they need to succeed. A new study looks at foreign and U.S.-born workers who recently graduated from American universities. Researchers… Read More
USCIS Visa Petition Denials on the Rise
Legal immigration channels to the United States are continuing to suffer under the Trump administration. These restrictions are having an effect on employment-based immigration—particularly petitions for temporary foreign workers. American businesses file such petitions in order to hire and retain foreign-born workers who make vital contributions to companies, industries, and… Read More
America's story is an immigrant story.
