News, Insights and Resources

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 […]

The transcript version of our monthly Chatting with Charlie Visa Bulletin Reaction By Charina Garcia Each month, Charles Oppenheim and I bring clarity to the complexities of the Visa Bulletin. Here’s a breakdown of the highlights, insights, and predictions shared from the January 2025 Visa Bulletin Reaction. 🚀 Employment-Based Visa Updates No Changes to Dates for Filing Charlie emphasized that there were no changes to the employment-based dates for filing in the January bulletin. As anticipated, significant movements are unlikely until summer 2025. The next major updates may coincide with the October bulletin to generate demand for FY 2026. New Policy: Medical Documentation Requirements USCIS has announced stricter enforcement of medical documentation requirements. Adjustment of status applications without a completed medical exam will now be rejected. I encourage applicants to: This policy shift is expected to streamline processing once final action dates move. 📊 Final Action Dates: Encouraging Movement General Trends For January 2025, the bulletin brought welcome news with several categories experiencing movement: Country-Specific Movements Predictions for upcoming months suggest a holding pattern for February and March, with possible significant advancements by April. 👪 Family-Based Visa Categories Mixed Updates Movements were observed in family-based categories, except for the F4 […]

The transcript version of our weekly podcast By Laura Bloniarz In this week’s episode of my podcast, I had the pleasure of wrapping up the year with Audrey Lustgarten, Managing Partner for WR Global. Audrey joined me on The Business Immigration Benchmark to discuss key themes that emerged from our 2024 surveys and shared insights on what lies ahead for global mobility professionals in 2025. We covered some of the most pressing priorities and challenges in the field, from compliance and cost management to enhancing efficiency. If you’re navigating the complexities of immigration and mobility, this episode is packed with strategies to help you stay ahead in an evolving landscape. Watch or listen on Spotify or YouTube, or check out this quick 5-minute read where I recap the key takeaways from our conversation! 🔑 Key Takeaways: 1. Compliance Challenges in 2024: Short-Term Assignments: Audrey highlighted the ongoing struggles companies face in managing short-term assignments, particularly ensuring proper visas and having robust systems to track employees’ movements. She noted the importance of avoiding manual tracking to mitigate the risk of noncompliance. Long-Term Assignments: For long-term assignments, proper record-keeping remains critical, especially with the uptick in government audits. Companies must ensure they […]

The transcript version of our weekly Q&A livestream for corporate immigration professionals By Kimberley (Best) Robidoux & Miki Kawashima Matrician 🔥 Question: What are the key trends in green card sponsorship policies under the potential impact of a Trump 2.0 administration? Response: Companies are considering changes to their green card sponsorship programs due to concerns about increased costs and stricter regulatory scrutiny. Discussions with our benchmarking collective revealed that many global mobility professionals are reevaluating tenure requirements and cost containment measures. These trends highlight the growing need for strategic adjustments in green card policies. 🔥 Question: How does the benchmarking collective provide value to HR and global mobility professionals? Response: Our collective gathers insights directly from professionals in the field rather than relying on third-party information. Members benefit from personalized benchmarking reports tailored to their company’s data. Roundtables, both virtual and in-person, foster robust discussions where professionals exchange ideas, share experiences, and build networks, making the community a valuable resource for addressing immigration challenges. 🔥 Question: What tenure requirements are common for initiating the green card process? Response: Survey results showed that 37% of companies initiate the green card process on a case-by-case basis, while 24% start after 12 months […]

Top News Removal of China, India, and Others from the Exchange Visitors Skills List The Department of State has updated its Exchange Visitors Skills List, effective December 9, 2024, removing countries like China, India, Saudi Arabia, South Korea, and the UAE. Exchange visitors from these countries are no longer subject to the two-year foreign residence requirement tied to the skills list. This change applies to J visa holders whose countries have been excluded from the revised list. Impact: Thousands of employees holding temporary visas (e.g. TN, O-1, E) will now be able to adjust status or change to H-1B.  Employers sponsoring J visa holders from the removed countries benefit from greater flexibility in retaining these workers. With the removal of the two-year return requirement, employers can explore H-1B or green card sponsorship without the employee fulfilling the two-year foreign residence requirement or seeking a waiver. Employers should stay updated on Advisory Opinion procedures for exchange visitors seeking a determination on the applicability of this requirement. Permanent 540-Day Automatic Extension for Work Permits The Department of Homeland Security has issued a final rule extending the automatic extension period for immigrant work permits from 180 days to 540 days. This measure follows […]

Question Revised Exchange Visitor Skills List 1. What is the Exchange Visitor Skills List? The Exchange Visitor Skills List (“Skills List”) is a list of countries identified by the Secretary of State as having a clear need for individuals with expertise in specific fields of specialized knowledge or skills. This list is utilized by the Department of State and the Department of Homeland Security to determine whether a J-1 nonimmigrant exchange visitor is subject to the two-year home residence requirement under Section 212(e) of the Immigration and Nationality Act.   2. What is the two-year home residence requirement? Certain J-1 exchange visitors are required to return to their home country or country of last residence and live there for at least two years before they can apply for certain U.S. visas or permanent residency. Individuals subject to the home residence requirement were ineligible to apply for permanent residency or certain non-immigrant visas until they had satisfied the two-year residency requirement or obtained the J-1 Skills List waiver.   3. What was the major change announced in the December 9, 2024, update? J-1 exchange visitors who were previously subject to the two-year home residence requirement based on an earlier version of […]

The transcript version of our weekly Q&A livestream for corporate immigration professionals By Kimberley (Best) Robidoux & Miki Kawashima Matrician 🔥Question: What are the main concerns for foreign nationals planning international travel during the holidays? Response: While leaving the U.S. is straightforward, returning can pose challenges if foreign nationals aren’t prepared. Key concerns include ensuring they have the correct documentation, such as valid passports, visa stamps, and any necessary supporting paperwork. Preparing for potential consular interviews is also critical to avoid complications at the consular posts as well as at U.S. ports of entry. 🔥Question: What documents should foreign nationals prioritize when preparing to return to the U.S.? Response: At a minimum, a passport valid for at least six months beyond the return date is essential. For those on temporary work visas, a valid visa stamp is generally required unless specific exceptions apply. In addition, individuals may need employment verification letters or other supporting evidence to submit with visa applications or to present at the port of entry. Planning weeks or even months in advance for consular processing is strongly recommended. 🔥Question: Do all foreign nationals need consular interviews to renew visa stamps? Response: Not always. Some consular posts offer […]

Former President Donald Trump’s election to a second term will reshape immigration law. What should employers expect, and how can they prepare? Top News Expansion of “Buy American, Hire American” Policies Employers seeking to hire foreign nationals may see higher scrutiny through more aggressive investigations and audits by the Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) into wage levels, job descriptions, and recruitment efforts.  Impact: With the second Trump administration, employers should be aware that unannounced site visit inspections by USCIS and audits issued by the DOL will likely increase. Stricter Limits on Visa-Sponsored Petitions A second Trump term is likely to reduce the ability of employers to obtain work-sponsored visas for their foreign workers. The H-1B program in particular will feel the effects of new laws and regulations designed to limit H-1B eligibility and availability. Employers can expect policy changes to affect other employer-sponsored visa categories, including L-1 intracompany transfers, TN, E-3 professionals, and many others.  Increased H-1B wage levels are possible, bringing-back the 2020 DOL Wage Rule. Impact: Employers should be prepared for higher scrutiny, particularly on H-1Bs, L-1s, TNs, and E-3s (initial petitions and extensions) through an uptick in Requests for Evidence, which […]