Latest from Buchanan Immigration Law

The H-1B program is one of the most sought-after options for nonimmigrant visas among professionals seeking to work in the United States. However, the lottery process designed to select individuals whose employers may submit petitions requesting the H-1B classification has left many disappointed each year. The United States Citizenship and Immigration Services (USCIS), the agency

Employers wishing to sponsor foreign national workers for permanent residency, commonly referred to as a green card, must generally follow the permanent labor certification process (PERM). This process requires employers to test the job market for any U.S. workers who are able, willing, qualified, and available to fill the offered job opportunity. In order to

On July 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it will be conducting a second random selection from previously submitted H-1B electronic registrations for the fiscal year 2025 H-1B regular cap. This follows the initial selection that took place in March, which allowed eligible petitioners to file H-1B cap-subject petitions for selected

On June 28, 2024, the U.S. Supreme Court issued a landmark ruling in Loper Bright Enterprises v. Raimondo, overturning the long-standing precedent established in Chevron, U.S.A., Inc. v. Natural Resources Defense Council. Since 1983, Chevron had guided courts to afford deference to federal agency interpretations of ambiguous sections within parts of statutes, effectively allowing agencies

On June 18, 2024, President Biden unveiled new policies through the U.S. Department of Homeland Security (DHS) aimed at keeping American families together and easing the visa process for U.S. college graduates, including Deferred Action for Childhood Arrivals (DACA) recipients and other undocumented noncitizens.

It is important to note that these processes have not yet

On January 24, 2024, USCIS issued updated policy guidance to address when USCIS may excuse untimely filed extensions of stay and change of status requests.

The guidance reminds employers and employees that USCIS generally does not approve an extension of immigration status or change of immigration status when the status expired before the filing date

On December 21, the State Department released the long-awaited details of a previously announced pilot program that will allow qualified noncitizens to renew their H-1B nonimmigrant visas within the United States. This program aims to assess the technical and operational feasibility of domestic visa renewals and reduce wait times for visas worldwide.

In 2004, the

On October 30, 2023, in a recent executive order titled “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” the President of the United States emphasized the importance of responsible AI development and outlined various initiatives.

One crucial aspect of this order focuses on immigration initiatives aimed at attracting and

On April 28, 2023, USCIS announced that for Fiscal Year 2024 (begins October 1, 2023), it received 758,994 eligible H1B registrations. This is an astonishing number compared to the 474,421 registrations received in Fiscal Year 2023, and even more astonishing compared to the 85,000 visa numbers available per fiscal year. When Congress slashed the number

On February 14, 2023 United States (US) Citizenship and Immigration Services (USCIS) announced an important change regarding when an immigrant visa “becomes available” for the purpose of calculating the Child Status Protection Act (CSPA) age for noncitizens seeking lawful permanent resident status in a preference category. The change was effective with immediate effect and applies