Articles

Legal Briefing: Shifting U.S. Policy on F‑1 and J‑1 Visas and Strategic Guidance for Academic Institutions

Legal Briefing: Shifting U.S. Policy on F‑1 and J‑1 Visas and Strategic Guidance for Academic Institutions (July 2025)

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Executive Summary In 2025, the U.S. federal government implemented a series of reforms significantly affecting the processing and oversight of student (F‑1) and exchange visitor (J‑1) visas. These changes include tightened security screening, lengthier adjudications, and expanded compliance enforcement targeting educational institutions. The shifting landscape demands proactive institutional responses. This briefing outlines the core policy […]

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Balancing National Security and Human Rights

U.S. Immigration Enforcement Priorities: Balancing National Security and Human Rights

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Introduction The enforcement of immigration laws in the United States entails a complex balancing act between protecting national security and safeguarding the human rights of individuals subject to enforcement actions. The agencies responsible for this enforcement—primarily U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP)—operate within a legal framework designed to

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Visa Interview Waivers

U.S. Department of State to Curtail Non-immigrant Visa Interview Waivers Effective September 2, 2025

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The U.S. Department of State has announced a significant revision to its non-immigrant visa processing protocols, substantially narrowing eligibility for interview waivers. Effective September 2, 2025, most non-immigrant visa applicants will be required to attend in-person consular interviews, effectively reversing the pandemic-era discretionary authority that had permitted broader use of interview waivers. This policy change

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Ensuring H‑1B Compliance Amid Remote Work

Ensuring H‑1B Compliance Amid Remote Work: Key Considerations for LCA Postings and Worksite Amendments

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As remote work becomes increasingly common, employers sponsoring H‑1B employees must carefully evaluate immigration compliance issues related to Labor Condition Applications (LCAs) and worksite changes. The evolving landscape raises important questions about when new LCAs must be filed, when postings are required, and if amended H‑1B petitions are necessary. This article offers a comprehensive overview

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DHS Proposes New H‑1B Selection Framework

Prioritizing Wages Over Chance: DHS Proposes New H‑1B Selection Framework

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Overview In mid-2025, the U.S. Department of Homeland Security (DHS) advanced a new proposal to transform the H‑1B visa selection system. The proposed rule aims to replace the current random lottery with a wage-based selection process that prioritizes petitions offering higher salaries. The goal is to attract highly skilled professionals and align visa allocation with

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Premium Processing in H-1B Applications

The Role of Premium Processing in H-1B Applications: Benefits and Limitations

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Introduction The H-1B visa program serves as a pivotal mechanism for permitting foreign professionals to engage in specialty occupations within the United States. Given the considerable demand and annual statutory cap on H-1B visas, petition adjudication can be protracted. To address this, U.S. Citizenship and Immigration Services (USCIS) offers Premium Processing Service, a voluntary expedited

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Legal Pathways Following H-1B Petition Denial: Change of Status and Motions Explained

Legal Pathways Following H-1B Petition Denial: Change of Status and Motions Explained

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The H‑1B visa is a critical work authorization pathway for many skilled foreign workers in the United States. However, an H‑1B petition denial can cause significant disruption, leaving beneficiaries and employers to navigate complex options to maintain lawful status and employment eligibility. Understanding post-denial remedies—including change of status applications, motions to reopen or reconsider, and

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H‑1B to Green Card

H‑1B to Green Card: Current Backlogs and Waiting Times by Country of Origin

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Introduction For foreign nationals on H‑1B visas pursuing U.S. permanent residency, the transition to a green card has become increasingly complex and prolonged. The process—once viewed as a linear progression—is now defined by lengthy wait times, per-country quotas, and limited visa availability. These constraints have created severe bottlenecks, especially for highly skilled applicants from India

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NTAs and the Legal Immigrant Paradox: Protected on Paper, Vulnerable in Practice

NTAs and the Legal Immigrant Paradox: Protected on Paper, Vulnerable in Practice

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Introduction Legal immigration in the United States is often portrayed as a secure pathway to stability, employment, and eventual citizenship. Yet, in recent years, a troubling trend has emerged: immigrants who have complied with all legal requirements—including valid visas, green cards, and pending benefit applications—are being swept into deportation proceedings. The mechanism behind this? A

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International Travel Considerations During the F-1 to H-1B Transition

International Travel Considerations During the F-1 to H-1B Transition

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As the new fiscal year approaches, many individuals in F-1 status—particularly those working under Optional Practical Training (OPT) or STEM OPT—are preparing for the transition to H-1B status. This period often coincides with international travel plans to visit family or attend personal matters abroad. However, international travel during this time requires careful planning, as it

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