Immigration Updates

  • Clarification of How USCIS Determines the Appropriate O-1B Classification for Those in the Film, Television and Media Industry

    U.S. Citizenship and Immigration Services ("USCIS") recently updated the USCIS Policy Manual to explain how officers should determine whether a potential O-1B beneficiary should be evaluated as someone with extraordinary ability in the arts ("O-1B Arts") or extraordinary achievement in the motion picture or television industry ("O-1B MPTV"). While the visa category is the same, the classification and standards are slightly different and should be evaluated carefully to determine the best categor…

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  • New Immigration Policies and Initiatives for Attracting and Retaining STEM Workers in the U.S.

    On January 21, 2022, the Biden Administration announced several agency actions to attract and retain international science, technology, engineering, and math (STEM) talent.  Attracting STEM talent is one of the administration's key strategies for U.S. technological and economic global competitiveness. The administration set forth new policies to provide clearer and more predictable pathways for international STEM talent, via the F-1 student, J-1 exchange visitor, O-1 extraordinary ability non-im…

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  • H-1B Specialty Worker Temporary Visa Fact Sheet

    On March 1, 2022, U.S. Citizenship and Immigration Services (“USCIS”) will start accepting registrations of H-1B petitions subject to fiscal year (FY) 2023 cap.  Beneficiaries of selected and approved H-1B cap-subject petitions will be eligible to start working in the United States on October 1, 2022. Competition for H-1B numbers during the FY2023 season is expected to be high, due to significant worker shortages in many industries across the United States.  Accordingly, there is no room for er…

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  • Waiver of Interview Requirement for Certain Nonimmigrant Visas through the end of 2022

    Waiver of Interview Requirement for Certain Nonimmigrant Visas through the end of 2022 By: Anna Putintseva The U.S. Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers to waive in-person interviews for certain employment nonimmigrant visa applicants through the end of 2022. Beneficiaries of approved H-1, H-3, H-4, L, O, P, and Q visa petitions may qualify for an interview waiver if they meet the following requirements: they were previ…

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  • 2021 H-1B Alert from Attorney Anna Putintseva

    2021 H-1B Article from Guest Immigration Attorney Anna Putintseva Background The H-1B category is an attractive employment-based option for U.S. employers seeking to hire foreign nationals in specialty occupations. Generally, in order to qualify for an H-1B visa, the employer must demonstrate to the United States Citizenship and Immigration Services (the "USCIS") that the following requirements are met: the job is a specialty occupation, e. one that generally requires an employee holding at l…

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