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H-1B Modernization Rule Provides Some Comfort But Also Raises Concerns

U.S. Citizenship and Immigration Services (USCIS) recently issued its long-awaited H-1B modernization rule. The final rule takes effect on January 17, 2025. USCIS describes several of the regulations as codifying policies the agency has followed for years. The agency also emphasized that several of the regulations were enacted to strengthen “program integrity.” The final rule […]

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Chatting with Charlie Webinar Series

Former U.S. Department of State (DOS) Chief of Immigrant Visa Control Charlie Oppenheim is WR Immigration’s Director of Visa Consulting. Mr. Oppenheim leads two webinars each month in his “Chatting with Charlie” series regarding current visa issues and live reactions to the Visa Bulletin on LinkedIn. The Chatting with Charlie HR  Webinar Series assists companies and individuals with planning to meet hiring needs in shortage occupations. This series focuses on projections, predictions, and guidance for strategic visa planning and is invaluable to human resources professionals and visa applicants alike. Each month, Charlie and our team react to the release of the Visa Bulletin live on our LinkedIn and then upload podcast discussions and analysis’ on our YouTube channel! The Chatting with Charlie EB-5 Investor Series helps individuals plan their immigration journey, understand visa waiting lines, and optimize green card application strategies. This series focuses on EB-5 investor green card options and strategies, especially regarding potentially backlogged countries (e.g., China, India, Vietnam, and Korea). View the entire series here! Both of the Chatting with Charlie webinar series briefly touch on discuss family preference categories. However, until Congress amends the quotas set in 1990, there is unlikely to be any significant movement in these backlogged family […]

Modernization Updates to the H-1B Visa Program

On December 17, 2024, the U.S. Citizenship and Immigration Services (USCIS) released significant updates to the H-1B visa program, aimed at modernizing the system, clarifying procedure, and codifying longstanding policy.  These updates refine key aspects of the H-1B program to improve clarity, ensure compliance, and streamline processes for employers and beneficiaries alike. Among the major changes are clarified definitions for specialty occupations, requirements for when amended petitions must be filed, and updates to H-1B cap exemptions. For example, to qualify for H-1B status, the requisite academic degree must be directly related to the H-1B position duties.  Additional measures focus on reinforcing H-1B program integrity, including codified authority for the government to conduct H-1B site visits and stricter criteria for the placement of H-1B workers at third-party worksites.  The rule codifies USCIS’s policy of deference to prior approvals, meaning that officers should defer to the fact that an H-1B petition was previously approved unless there have been changes that could impact the H-1B status. The revisions also introduce greater flexibility, such as extending the validity period for H-1B cap adjudications beyond October 1st for students transitioning to H-1B status. This would permit larger “cap gaps” so that individuals with F-1 status […]

WR Immigration Announces Attorney Josune Aguirre Gamez Partner Promotion

WR Immigration is pleased to announce that Josune Aguirre Gamez has been promoted to Partner at the firm. Josune has over eight years of experience as an attorney at WR Immigration, assisting companies, universities, research institutions, and families. Josune expressed her “gratefulness for the opportunity to continue to grow within the firm” and is “honored and thrilled to step into this new role as Partner at WR Immigration.” Josune added, “the firm has been a place of inspiration and collaboration for me, and I’m excited to continue helping our clients achieve their goals while advancing our mission of moving forward together.” A graduate of Southwestern Law School’s two-year accelerated J.D. program, Josune is licensed to practice law in California. From 2022 through 2024, she was selected to Super Lawyers Rising Stars and listed by Best Lawyers in America® under: “Ones to Watch.” She was also a member of the American Immigration Lawyers Association (AILA) Verification and Documentation Committee. Josune added, “I am proud to have helped clients build comprehensive immigration programs while fostering true, collaborative partnerships. I have valued working with clients during their hypergrowth phases, where it’s easy to fall into a purely reactive mode. I am delighted that […]