Publications - Bousquet Holstein PLLC

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Immigration Watch: Updates as of February 12, 2026

February 12, 2026

We will examine growing differences among states in their cooperation with federal immigration enforcement, the unprecedented rise in habeas corpus petitions challenging immigration detention, and a new lawsuit targeting the Trump Administration’s Gold Card immigration program. These developments reflect increasing legal, political, and constitutional tensions across the immigration system. State Responses to ICE Enforcement Vary Read More »

FY 2027 H-1B Lottery: Important Dates and Changes

February 03, 2026

Anna Putintseva details everything you need to know approaching this year's FY 2027 H-1B Cap Season... Read More »

One Year of the Trump Administration: Some of the Major Changes We’ve Seen in Immigration

January 27, 2026

On January 20, 2025, President Donald Trump was sworn into office as the 47th President of the United States. He immediately began signing executive orders focused on many controversial political topics, including immigration. Over the past year, immigration policy, procedure, and legislation have gone through major shifts. Now that we are one year into his presidency, here are a few of the top changes President Trump has made to Read More »

Immigration Watch: Updates as of January 15, 2026

January 15, 2026

We will examine several major developments shaping U.S. immigration policy in 2026. These include the Department of Homeland Security’s shift to a weighted H-1B cap selection process, ICE’s plans to expand immigration detention capacity, an indefinite pause on immigrant visa processing for certain countries, and renewed scrutiny of federal immigration enforcement practices. Below is a Read More »

Immigration Watch: Updates as of January 30, 2026

January 02, 2026

We will examine three significant developments in federal immigration enforcement: new internal ICE guidance on warrantless home entries, the fatal shooting of Alex Pretti in Minneapolis, and leadership changes involving Border Patrol commander Gregory Bovino. These events have intensified national debate over constitutional protections, federal enforcement tactics, and oversight of immigration operations. ICE Memo on Read More »

Immigration Watch: Updates as of December 22, 2025

December 22, 2025

We will examine several major developments shaping U.S. immigration policy. These updates include the introduction of the new Trump Gold Card program, expanded visa screening and vetting procedures by the Department of State and USCIS, and changes reducing the validity period of Employment Authorization Documents (EADs). Below is a breakdown of what these changes mean Read More »

Immigration Watch: Updates as of December 8, 2025

December 08, 2025

Immigration policy continues to shift rapidly as federal agencies tighten screening procedures, pause certain asylum applications, and face new legal challenges. This week’s Immigration Watch covers increased vetting of Afghan nationals, USCIS’s immediate hold on certain asylum and immigration benefit applications, and a multistate lawsuit challenging USDA SNAP restrictions for humanitarian immigrants. Below is a Read More »

Immigration Watch: Updates as of November 25, 2025

November 25, 2025

This issue of Immigration Watch examines two significant immigration policy developments: the expanded authority of U.S. consular officers in visa adjudications and the impact of the new $100,000 H-1B application fee on the already strained U.S. public education system. Both changes could have far-reaching consequences for immigrant families, employment-based visa applicants, and school districts across Read More »

Immigration Watch: Updates as of October 10, 2025

October 10, 2025

U.S. immigration policy continues to evolve rapidly, with major developments affecting federal agencies, employment-based visas, and DACA recipients. This week’s immigration update covers what happens to immigration agencies during a government shutdown, the latest lawsuit challenging the new H-1B visa fee, and the potential reopening of DACA applications. Below is a comprehensive breakdown of what Read More »

Immigration Watch: Updates as of September 26, 2025

September 26, 2025

Immigration policy in the United States continues to shift rapidly, with significant changes proposed and enacted in recent weeks. From an updated naturalization civics test to new restrictions on student visas and sweeping changes to H-1B policy, these developments could impact individuals, universities, and businesses nationwide. Below is a breakdown of the key updates and Read More »

Maintaining F-1 Student Status: Tips to Stay Compliant and Avoid Violations

May 05, 2025

The American Immigration Lawyers Association has released recommended guidelines for international students holding an F-1 visa. For an F-1 international student in the United States, the responsibility to maintain immigration status falls to the student. Follow these key guidelines to stay in compliance and avoid jeopardizing your education or legal stay: Maintain Required Documentation F-1 Read More »

Anna Putintseva Presents to Global Entrepreneurs at Blackstone LaunchPad, Syracuse University

March 28, 2025

Anna Putintseva presented on Corporate Immigration Considerations to student entrepreneurs at Syracuse University this Wednesday as part of its Blackstone LaunchPad program. Anna’s presentation covered key topics, including selecting the appropriate corporate structure and jurisdiction for forming a business entity, exploring nonimmigrant and immigrant visa options for employment and business, and strategies for effectively transitioning Read More »

Immigration Watch: Updates as of March 20, 2025

March 20, 2025

Upstate New York has recently found itself in national immigration news. From significant cuts in immigration court staffing to a new military deployment at the southern border, the latest developments reflect the ongoing shift in the U.S. approach to foreign nationals. Immigration Courts Down 85 Court Employees Since the beginning of the Trump administration, a Read More »

Immigration Watch: Updates as of March 18, 2025

March 18, 2025

President Trump Invokes the Alien Enemies Act The Trump administration has taken an unprecedented step in immigration enforcement by invoking the Alien Enemies Act of 1798 to deport Venezuelan migrants alleged to be members of the Tren de Aragua prison gang. This rarely used wartime authority allows a president to detain and remove citizens of Read More »

New Non-Citizen Registration Requirement Announced by USCIS

March 18, 2025

On January 20, 2025, the Trump Administration issued the Protecting the American People Against Invasion executive order, reinforcing the legal obligation for certain non-citizens to register with the U.S. government. Failure to comply is treated as a civil and criminal enforcement priority. Who Must Register? All non-citizens 14 years of age or older who were Read More »

Immigration Watch: Updates as of March 11, 2025

March 11, 2025

In early March, we're seeing major changes in immigration procedures. Here is the latest: Updates to Immigration Forms The U.S. Citizenship and Immigration Services (USCIS) made unannounced updates to three immigration forms: I-485, I-131, and N-400. The most notable change is that these forms now ask for an applicant’s “sex” rather than “gender,” aligning with Read More »

Immigration Watch: Updates as of February 27, 2025

February 27, 2025

More updates this week as President Trump continues to cut legal immigration pathways and additional lawsuits are brought against his administration. Here is the latest: 1. ICE Entering Certain Sensitive Spaces — Temporarily Blocked A federal judge has issued a temporary block restricting ICE agents from entering certain places of worship. The lawsuit, brought by Read More »

Immigration Watch: Updates as of February 21, 2025

February 21, 2025

Immigration has continued to be a prevalent topic in the news this week as President Trump initiates further policy changes and deportations. Here are the latest updates: 1. Trump Administration Working to End Federal Benefits for Undocumented Migrants On February 19, President Trump signed an executive order intending to eliminate federally funded benefits for undocumented Read More »

H-1B FY2026 Cap Season: What Employers and Employees Should Know

February 07, 2025

In this article: H-1B Cap Season Key Points H-1B Recap What is the H-1B Visa Category? Specialty Occupation Defined H-1B Cap-Exempt Cases Labor Condition Application (LCA) H-1B Period of Stay Conclusion Contact U.S. Citizenship and Immigration Services (USCIS) has announced that the initial electronic registration for the fiscal year (FY) 2026 H-1B cap season will Read More »

Immigration Watch: Updates as of February 6, 2025

February 06, 2025

Since my last update on January 30, we’ve continued to see several major developments in U.S. immigration policy. Below is the latest: 1. First Migrants Flown to Guantanamo Bay On February 4, the first U.S. military plane transported migrants from El Paso, Texas, to Guantanamo Bay, Cuba - marking the first time the U.S. government Read More »

Immigration Watch: Updates as of January 27, 2025

January 27, 2025

As an immigration attorney, I understand how quickly policies can change and the significant impact they can have on individuals and families. While new developments continue to unfold daily, here are the latest updates. 1. Expedited Removal and Maximal Enforcement of Immigration Laws President Donald Trump signed an executive order that calls for maximal enforcement Read More »

Immigration Watch: Updates as of January 30, 2025

January 02, 2025

Throughout the week, we’ve continued to see significant updates to U.S. immigration policies - here’s a summary of what we know. 1. Threats of Migrant Detainment at Guantanamo Bay At the signing of the Laken Riley Act on January 28, President Trump announced that the “worst criminal aliens” would be sent to a detention center Read More »

FY 2025 H1-B Cap Season: Important Insights and Changes

February 06, 2024

In this article: FY 2025 H-1B Cap Key Points FY 2025 H-1B Changes H-1B Recap What is the H-1B Visa Category? Specialty Occupation Defined H-1B Cap-Exempt Cases Labor Condition Application (LCA) H-1B Period of Stay Conclusion U.S. Citizenship and Immigration Services (USCIS) has announced that the initial electronic registration for the fiscal year (FY) 2025 Read More »

USCIS Introduces Online Scheduling Tool for Local Field Appointments

October 17, 2023

This summer, United States Citizenship and Immigration Services (USCIS) expanded options for applicants and attorneys to schedule appointments online with local USCIS field offices in two significant ways. Biometric Service Appointments Can Now Be Rescheduled Online In June 2023, USCIS began allowing applicants and attorneys to reschedule most biometrics appointments (appointments for fingerprints, photograph, or Read More »

Customs and Border Protection (CBP) Expands Stampless Entry Program

August 14, 2023

In April 2022, the U.S. Customs and Border Protection ("CBP") piloted a "stampless" entry program, that is now expanding to all airports, seaports, and land ports of entry. This new program means that CBP has discontinued using ink stamps in passports to document entry into the United States. While this new process should streamline entries Read More »

Significant Changes to Naturalization Form N-648, Medical Certification for Disability Exceptions

February 06, 2023

U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance and revisions to Form N-648, Medical Certification for Disability Exceptions. Form N-648 is used by U.S. citizenship applicants requesting an exception to the English and civics testing requirements for naturalization due to a physical or developmental disability or mental impairment. The form is Read More »

DHS Final Rule to Preserve Deferred Action for Childhood Arrivals (DACA)

January 26, 2023

On October 31, 2022, the Department of Homeland Security (DHS) implemented a final rule aimed to preserve and strengthen the Deferred Action for Childhood Arrivals (DACA) program. The implementation of the final rule means that DACA is now based on a formal regulation, rather than just a policy memorandum. The DACA program has allowed over Read More »

H-1B Registration and Filing: Why Should You Plan Now?

December 20, 2022

In early March of 2023, U.S. Citizenship and Immigration Services (USCIS) will start accepting registrations of H-1B petitions subject to fiscal year (FY) 2024 cap. Beneficiaries of selected and approved H-1B cap-subject petitions will be eligible to start working in the United States on October 1, 2023. Last year, USCIS received 486,927 registrations for the Read More »

USCIS Extends Temporary Waiver of the Requirement that Form I-693 Be Signed No More than 60 Days Prior to Submission

October 17, 2022

USCIS has extended the temporary waiver of the requirement that civil surgeons must sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days prior to submission. The waiver took effect on December 9, 2021 and has been extended to March 31, 2023, to further ease processing delays and difficulties completing Read More »

Automatic Extension of Permanent Resident Cards for Pending I-90 Applicants

October 17, 2022

Effective September 26, 2022, USCIS is automatically extending the validity of Permanent Resident Cards (Green Cards) to 24 months for lawful permanent residents (LPR) who file Form I-90, Application to Replace Permanent Resident Card. Previously, the extension was for a period of 12 months. LPRs who properly file Form I-90 to renew an expiring or Read More »

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

June 06, 2022

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, Read More »

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

March 21, 2022

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 Read More »

H-1B Specialty Worker Temporary Visa Fact Sheet

February 01, 2022

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 Read More »

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

January 10, 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 Read More »

LEGAL ALERT: Prevailing Wage Increase for Highly Skilled Non-Immigrant and Immigrant Workers is Delayed

May 26, 2021

The Department of Labor ("DOL") delayed until November 2022 the effective date of the Trump Administration's rule titled "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigrants and Non-Immigrants in the United States" (the "Prevailing Wage Rule" or "Rule") which significantly raised the minimum wage employers must pay to highly skilled H-1B, Read More »

FY2022 H-1B Online Registration Starts on March 9, 2021

February 10, 2021

United States Citizenship and Immigration Services (“USCIS”) announced that employers may submit their cap-subject H-1B online registration forms beginning Tuesday, March 9, 2021 at noon Eastern Time and continuing through Thursday, March 25, 2021 at noon Eastern Time. Employers will need to register and pay an associated $10 fee for each H-1B electronic registration. USCIS will conduct a Read More »

USCIS Publishes Final Rule Creating a Wage-Based Selection Process for H-1Bs

January 11, 2021

On January 8, 2021, USCIS published a final rule (the “Rule“) creating a wage-based selection process for new cap-subject H-1B petitions titled Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions which is scheduled to take effect on March 9, 2021, before this year’s H-1B lottery. The Rule gives priority to the petitions offering Read More »

New DOL and DHS Rules Significantly Impact H-1B Program

November 02, 2020

On October 8, 2020, the Department of Labor ("DOL") and Department of Homeland Security ("DHS") published new rules that will have a considerable impact on the H-1B visa program. The DOL rule substantially modifies and increases prevailing wages payable to foreign workers and limits the H-1B program to the most highly paid professionals, regardless of Read More »

What Wineries and Vineyards Should Know About Employment of Foreign Nationals

February 18, 2020

Seasonal Workers The U.S. wine industry is facing an imminent shortage of labor, particularly during harvest season. Throughout the United States, such work is mostly done by foreign workers. The H-2A visa program is commonly utilized by wineries to fill employment gaps, by hiring temporary, seasonal workers. H-2A visas are Read More »

USCIS Officially Confirms New H-1B Registration Process

February 11, 2020

United States Citizenship and Immigration Services ("USCIS") announced that it is implementing the electronic registration system for employers seeking to file FY2021 H-1B cap subject petitions. Employers are required to register and pay an associated $10 fee for each electronic registration. We can assist you with the registration and submission of the necessary information for Read More »

Applying for an H-1B Visa for Fiscal Year 2021

November 21, 2019

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, Read More »

The Format of an Expert Letter

January 18, 2019

In last month's alert, we discussed a popular question among many employer-sponsors, namely how many expert letters should be submitted to support a petition. Here is the link to that alert: http://bhlawpllc.com/publication/expert-letters-how-many-letters-are-enough-for-an-o-1-petition/ In this alert, we are addressing the format of how these letters should be written. The government gives some insights in the regulations about Read More »

Expert letters – How many letters are enough for an O-1 Petition?

December 10, 2018

The fifth criterion for O-1 classification is what we generally refer to in the industry as "expert letters". Usually sponsors and beneficiaries ask us how many letters are required in order to meet this criterion. Our response is: it is not the quantity but the quality of expert letters that matters. O-1 petitions do not Read More »

Caution: USCIS can now deny petitions WITHOUT first issuing a Request for Evidence

November 19, 2018

As of September 11, 2018, the US Citizenship & Immigration Services (USCIS) implemented a new policy which states an officer reviewing a recently filed petition has the discretion to outwardly deny the petition without first issuing a Request for Evidence or a Notice of Intent to Deny. This policy is intended to encourage petitioners to submit as Read More »

Is a dancer’s O-1 petition approvable, even if the dancer hasn’t won any recent major competition awards?

October 16, 2018

There are times when cases presented to this office involve a dancer who has transitioned from being a highly successful competitive dancer to coach or performer. As more years pass between the dancer's last competition and the dancer's current work as a coach or performer, there may be concerns about using older results to support Read More »

Client Testimonial

October 05, 2018

I was recently denied approval to travel for some important upcoming meetings in the United States on the Visa Waiver program and thus needed a skilled attorney that fully understood Immigration Law to assist me with overcoming the denial and obtaining a business visa to the United States. Anna Putintseva and her team assisted me Read More »

O-1A or O-1B – Are You an Athlete or an Artist?

August 28, 2018

Fiscal Year 2019 H-1B Cap Filing Season Begins April 2, 2018

January 25, 2018

On April 2, 2018, the United States Citizenship and Immigration Services (the "USCIS") will begin accepting H-1B petitions subject to the Fiscal Year ("FY") 2019 cap. Foreign employees whose H-1B FY 2019 petitions will be approved can start their employment in the United States on October 1, 2018. While April 2nd may seem far away at Read More »

Fiscal Year 2018 H-1B Cap Filing Season Begins April 3, 2017

January 24, 2017

On April 3, 2017, the United States Citizenship and Immigration Services (the "USCIS") will begin accepting H-1B petitions subject to the Fiscal Year ("FY") 2018 cap. Foreign employees whose H-1B FY 2018 petitions will be approved can start their employment in the United States on October 1, 2017. While April 3rd may seem far away at Read More »

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