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• Department of Homeland Security’s non-U.S. citizen registration requirement By Laura Jurcevich    What is the new non-U.S. citizen registration requirement? The law requires non-U.S. citizens residing in the United States to register with the Department of Homeland Security (DHS), providing personal information such as fingerprints and home addresses. The new rule aims to enhance national security and ensure compliance with U.S. immigration laws. Effective April 11, 2025, and subject to limited exceptions, the Immigration and Nationality Act (INA) requires all noncitizens aged 14 and older who were not fingerprinted or registered when... More
• Planning for the H-1B cap online registration period opening March 7, 2025 By Hannah Harris    The U.S. Citizenship and Immigration Services (USCIS) announced the fiscal year 2026 initial registration period for the H-1B cap will run from noon EST on March 7, 2025, to noon EST on March 24, 2025. The H-1B program is for employers sponsoring foreign nationals in specialty occupations. A specialty occupation is a position that requires the application of a body of highly specialized knowledge and at least a bachelor’s degree in a directly related specific specialty, or its equivalent,... More
• Immigration policy considerations for employers as we embark on a second Trump administration By Hannah Harris    Immigration reform will be a focal point of the new administration in the early days of Trump’s transition back to the White House with a likelihood that some changes initially will come by way of executive action. The practical implications of any immigration policy changes may begin to take shape in the early months of the new administration, but based on his past administration and campaign rhetoric, it is possible that some changes could be swift. The Trump campaign... More
• The Conrad 30 Program provides an avenue for J-1 physicians to remain in the U.S. By Hannah Harris    Many medical residency programs, Graduate Medical Education or GME, will accept international medical graduates in the Exchange Visitor (J-1) program sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG). The J-1 program permits physicians to complete graduate medical education or training in the U.S. while in J-1 status. However, the J-1 visa carries with it the two-year home residence requirement, a provision that renders the J-1 physician ineligible to apply for a change of status to another nonimmigrant... More
• Automatic extension of permanent resident cards extended to 36 months for pending renewals By Laura Jurcevich    Effective Sept. 10. 2024, U.S. Citizenship and Immigration Services is extending the validity of permanent resident cards to 36 months for individuals who have filed the Form I-90, Application to Replace Permanent Resident Card. This change has been announced to adjust for longer processing times experienced by applicants. Permanent resident cards are evidence of an individual’s permanent resident status. An individual’s permanent resident status is valid indefinitely. However, the cards, which are evidence of the lawful status, are valid... More
• H-1B visas for applicants present in the US to be renewed again By James Jensen    On Dec. 21, 2023, the US Department of State (DOS) published a proposed rule, “Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens.” It announced what has been long anticipated: a program to allow certain H-1B visa holders to renew their visas while they reside in the United States. Until 2004, the DOS had permitted nonimmigrant visa holders to renew their expired or expiring visas in the US. This thereby avoids... More
• New Florida immigration law subjects private employers to E-Verify mandates and penalties By Porter Wright    On May 10, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718, which takes effect July 1, 2023, creating new employment mandates affecting Florida’s private businesses. Most important for businesses are the host of penalties for those who violate new E-Verify mandates.   E-Verify requirements SB1718 requires private Florida employers with 25 or more employees to use E-Verify for all new hires. E-Verify is an internet-based system operated by the United States Department of Homeland Security, which allows participating employers... More
• H-1B cap registration period opens March 1, 2023 By Laura Jurcevich    U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B cap initial registration period for fiscal year 2024 will be from March 1, 2023, 12 p.m. EST to March 17, 2023, 12 p.m. EST. During this time, employers and their representatives may submit an H-1B registration for a chance to be selected among one of 85,000 employers to proceed forward to the next stage of the H-1B process. The H-1B program is for employers sponsoring foreign nationals in... More
• Lessons from the IER settlement with Facebook By Rob Cohen    On Oct. 19, 2021, the Department of Justice, Immigrant and Employee Rights Section (IER)  announced a settlement agreement with Facebook to resolve issues regarding Facebook’s practices to recruit for PERM applications. The settlement agreement requires Facebook to pay a significant fine, provide a fund for the settlement of individual claims and modify recruiting practices for PERM cases. Understanding PERM The PERM process is the first step employers must complete to permit a foreign national employee to apply for permanent... More
• New H-1B petitions for FY2022 again follow online registration and selection process, wage-based selection delayed By Rob Cohen    U.S. Citizenship and Immigration Services (USCIS) changed the H-1B lottery last year with the introduction of a requirement that employers first register their interest to file petitions for the fiscal year beginning October 1 in an online system. The lottery was conducted from the registrations instead of the full petitions, as had been done in previous years. Only those employers whose registrations were selected were able to file H-1B petitions with USCIS. This registration system will remain in... More