Employment-Based Immigration

The FY 2027 H-1B lottery is approaching fast.  But what will this year’s lottery look like?  Will there even be a lottery? To qualify for an H-1B, employers are required to submit an electronic registration on behalf of potential candidates.  Each year there is a total of 85,000 visas available, 65,000 of which are reserved...

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Our firm has recently seen a notable increase in Requests for Evidence (RFEs) in I-140 petitions where the beneficiary is being paid at or above the proffered wage, yet USCIS continues to question ability to pay based on negative net income reflected on the employer’s tax returns. While submission of tax returns is required under...

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The Trump administration is once again going after the H-1B program and has now introduced a rule that will radically change the H-1B lottery for FY 2027. Background Every March foreign nationals enter the H-1B cap lottery in the hopes of competing for an H-1B to either begin employment in the United States or transition...

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In a significant legal development affecting U.S. immigration policy and employer hiring strategies, a federal district court in Washington, D.C. has upheld the Trump administration’s controversial $100,000 fee on certain H-1B visa petitions, rejecting a legal challenge brought by the U.S. Chamber of Commerce. The business lobby has since filed an appeal and continues to...

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The U.S. Department of State has announced that, beginning December 15, all H-1B and H-4 visa applicants will now undergo an online presence review, a screening measure previously required only for F, M, and J students and exchange visitor categories. Expanded Social Media Review Requirements Applicants in the H-1B, H-4, F, M, and J visa...

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The L-1A visa is a key option for multinational companies that wish to move an employee from a qualified foreign company to a U.S. office. A foreign company can also utilize the L-1A  when sending a foreign employee to the U.S. to establish a new U.S. office. As opposed to H-1B temporary worker visas, L-1...

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DHS Ends Automatic Extension of Employment Authorization Documents (EADs): What This Means for Immigrants and Employers Introduction In a sweeping policy shift, the Department of Homeland Security (DHS) has announced a new rule ending the long-standing practice of automatically extending Employment Authorization Documents (EADs) for certain renewal applicants. This change represents a significant departure from...

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Avoid Rejections: USCIS Adopts Electronic-Only Fee Payments Effective October 28, 2025, USCIS will no longer accept paper checks or money orders for filing fees payments. This is due to Executive Order 14247, Modernizing Payments to and from America’s Bank Account. This order aims to move away from paper-based payments in favor of secure electronic methods...

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