The B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level work that benefits the company abroad. Through the rulemaking process, the
Articles Discussing Employing Immigrants.
DHS Issues Interim Final Rule Defining Key Practices for Adjudicating H-1B Third-Party Placement Petitions
On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” which will become effective December 7, 2020. This rule brings clarity to prior U.S. Citizenship and Immigration Services (USCIS) adjudication policies that had been interpreted through two
Suits Challenge New Rules on H-1B and PERM Labor Certification Programs
Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the Department of Labor (DOL) on October 8, 2020.
Those rules, both issued as Interim Final rules and
DHS Issues Interim Final Rule to Restrict Requirements for H-1B Visa Classification
On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its long-speculated interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program.” According to the interim final rule’s summary, the purpose of the new rule is to “strengthen the integrity of the H-1B program during the economic crisis
DHS Partially Enjoined From Enforcing Proclamation Suspending Entry of Certain Foreign Nationals
On October 1, 2020, the United States District Court for the Northern District of California issued a limited preliminary injunction enjoining the U.S. Department of Homeland Security (DHS) from “implementing, enforcing, or otherwise carrying out” Section 2 of Presidential Proclamation 10052 of June 22, 2020, which suspended the entry of
USCIS to Expand Premium Processing Program, Increase Fee Rates
On October 1, 2020, President Donald Trump signed into law a stopgap spending measure to fund the U.S. government through December 11, 2020. The spending measure includes a provision titled “Emergency Stopgap USCIS Stabilization Act,” which authorizes U.S. Citizenship and Immigration Services (USCIS) to expand the premium processing program and
DOL Issues Interim Final Rule Adjusting Wage Level Calculations for H-1B, H-1B1, E-3 Visa and PERM Programs
On October 8, 2020, the U.S. Department of Labor (DOL) published its long-speculated interim final rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The new rule will update how the existing “four-tiered wage structure based on the Occupational Employment Statistics (OES)
New H-1B Rule Will Increase Denial of Petitions, DHS Says
The Department of Homeland Security (DHS) has released yet another rule that will make it harder and more costly for U.S. companies to employ highly skilled workers.
As a companion regulation to the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule,
U.S. Agencies Issue Interim Final Rules with Major H-1B Reforms for Legal Definition of Specialty Occupation Workers and Wage Rates
The U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) have released two new interim final rules affecting immigration. Both rules immediately impact skilled foreign workers in the H-1B specialty occupation visa program and employment-based immigrants, and make major reforms to the classification of specialty occupations
USCIS Premium Processing Fees: Bad News, Good News
Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will fund the government until December 11, 2020. The changes are meant to provide additional
Federal Judge Blocks USCIS Immigration Fee Increases
On September 29, 2020, Judge Jeffrey S. White of the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction enjoining the U.S. Department of Homeland Security’s (DHS) proposed fee increases for U.S. Citizenship and Immigration Services’ (USCIS) immigration and citizenship applications. The final rule adjusting
Judge Issues Preliminary Injunction Against Nonimmigrant Ban
Judge Jeffrey S. White has granted the plaintiffs’ request for preliminary injunction preventing the continued enforcement of the Presidential Proclamation suspending the entry of certain individuals in H, L, and J status (Nonimmigrant Ban) in National Association of Manufacturers et al. v. Department of Homeland Security et al.
This ban
Diversity Visa Program Opens Next Week Despite Administration’s Efforts
The entry period for the 2022 Diversity Immigrant Visa (DV) Program will open on Wednesday, October 7, 2020 at noon, Eastern Daylight Time (EDT) and will close at noon EDT on Tuesday, November 10, 2022. There is no cost to register.
Individuals born in the following countries are not eligible
DHS Announces Relaxing Travel Restrictions to U.S.
The Department of Homeland Security (DHS) is making it a little easier for some foreign nationals to fly to the United States by lifting certain restrictions in place following the outbreak of the COVID-19 pandemic.
Under the restrictions, any airplanes carrying passengers who had recently travelled to or had been
Judge Stops USCIS Fee Rule from Going into Effect
A federal judge in California has enjoined the USCIS’ new fee rule just a little more than a day before petitions and applications had to be postmarked.
Judge Jeffrey S. White’s decision in Immigrant Legal Resource Center v. Wolf was based on a finding that Chad Wolf’s appointment to the position
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