USCIS updated its policies on automatic consideration of deferred action for special immigrant juveniles For special immigrant juveniles Special immigrant juvenile status is a form of relief available to unaccompanied minors.  While the application process is lengthy, it lays a foundation for permanent residency down the line.  Once granted the status, however, a visa is often not immediately available for special immigrant juveniles (“SIJ”).  This leaves many SIJs in an immi

H-2A and H-2B Meal and Travel Reimbursements Concerns US Businesses Hiring Seasonal Workers On April 7, 2026, Department of Labor issued notice of new rules that concern the following: 1.      Allowable Meal Charge for H-2A Employers One of the core obligations for H-2A employers is the need to provide either three meals per day or free and convenient cooking facilities to seasonal agricultural workers.  If meals are provided, the employer may charge the employee.  DOL sets t

1.      Department of Labor Proposed Rulemaking Revising Method to Calculate Prevailing Wage For US Businesses Prevailing wage is a critical component of many employment-based visas ( such as PERM EB-2/ EB-3, H-1B, and H-2B), dictating the minimum that must be paid to immigrant and nonimmigrant workers in those categories.  The Department of Labor has proposed rules that will revise the way to calculate prevailing wages, effecting a raise across all wage levels.  Notice and

1.      (d)(3) Waiver Review Time For DACA Recipients, DREAMers, and Those With Complex Immigration Backgrounds Seeking Work in the US Department of State updated its Foreign Affairs Manual, formally lengthens typical processing time of 212(d)(3) waiver from 180-240 days up to 365 days.  The (d)(3) waiver is a broad and discretionary waiver that “forgives” certain factors that bar a visa applicant from admission.  If successful, it allows some nonimmigrant applicants with co

The annual allotted cap of 66,000 H-2B visas consistently fails to meet the demand.  To address the sheer volume of H-2B applications it receives, the Department of Labor uses a system of randomized selection to determine the order in which it processes the applications.  This system is commonly referred to as the H-2B lottery.  In this article, we explain the why and how of the H-2B lottery process, as well as options for employers who “lose” the lottery. Background There ar

H-1B registration period ended yesterday.   Good luck, everyone. Shortening of Automatic Work Permit Extension for TPS Holders Several recent federal court orders compelled work permits to be extended for Temporary Protected Status ("TPS") holders from Ethiopia, Burma, and Syria.  Unfortunately, the extensions come with a setback. Those who apply to renew their work permits typically receive an automatic extension of their existing work permit.  The period used to last 540 d