On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” is the DOL’s second attempt
Articles Discussing Employment-Related Visas.
Rulingmaking Redux: DOL Issues Updated Final Rule Adjusting Wage- Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases
On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” is the DOL’s second attempt
DHS Announces Significant Changes to H-1B Cap Selection Process
On January 8, 2021, the U.S. Department of Homeland Security (DHS) published a final rule that significantly alters the longstanding randomized lottery process that U.S. Citizenship and Immigration Services (USCIS) has utilized to select H-1B cap-based petitions.
USCIS: Delays Issuing Receipt Notices for Applications, Petitions Filed at Certain Lockboxes
U.S. Citizenship and Immigration Services (USCIS) announced that it is experiencing delays in issuing receipt notices for some applications and petitions filed at USCIS lockboxes that are located in Chicago, Illinois, Phoenix, Arizona, and Lewisville, Texas. This announcement does not come as a surprise to most filers, since delays have
USCIS Issues Final Rule on Modification of H-1B Cap Selection Process
USCIS has released its final rule on the modification of the H-1B cap selection process (“Modification Rule”) to prioritize petitions with the highest wage levels in the Federal Register.
Unless the Biden administration decides to delay or freeze the new rule, the rule will become effective on March 9, 2021
USCIS Publishes Regulation Implementing Wage-Based H-1B Visa Allocation System
By: USCIS Publishes Regulation Implementing Wage-Based H-1B Visa Allocation System
Today, USCIS published a regulation changing the manner new H-1B visas or “Cap Subject H-1B” visas are allocated. Federal law limits the number of new H-1B temporary worker visas issued every year to 85,000 with 65,000 going to employers seeking to
USCIS Withdraws Proposed Filing Fee Increases
The USCIS filing fee increases that were proposed last summer will not be implemented.
In August 2020, the Department of Homeland Security (DHS) published a new filing fee rule in the Federal Register that raised USCIS filing fees by a weighted average of 20%. Some popular business-related petitions were slated
DHS Announces New Procedure for DACA Recipients
On January 4, 2021, DHS announced that for I-9 purposes, Deferred Action for Childhood Arrivals (DACA) recipients may present an unexpired Employment Authorization Document (EAD) with Code C33 issued on or after July 28, 2020, along with an I-797 Extension Notice that shows an additional one-year extension. This new procedure
Trump Administration Extends Visa Bans to March 31, 2021
On December 31, 2020, the Trump administration issued a presidential proclamation extending the ban of entry for certain nonimmigrant and immigrant visas as outlined in its April 22, 2020, and June 22, 2020, proclamations. The ban includes certain applications for H-1B, H-2B, J-1, and L-1 visas for persons who were
District Court Strikes Trump Administration H-1B Wage Regulations
By: District Court Strikes Trump Administration H-1B Wage Regulations
On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program. These rules sought to restrict access to H-1B visas by redefining the statutory language of the Immigration and Nationality
Optional Practical Training Program for F-1 students (OPT) Is Not Illegal, Judge Rules
The Optional Practical Training Program for F-1 students (OPT) is not illegal, a federal judge has ruled in a case brought by Washington Alliance of Technology Workers (Washtech), a union representing workers in science, technology, mathematics, and engineering.
Criticism of OPT; Increased Scrutiny
Despite evidence that OPT is good for
Public Charge Rule Blocked by Federal Court
On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions blocking USCIS from enforcing the “new” Public Charge Rule in 18 states and the District of Columbia.
The Court found the rule was inconsistent with any reasonable interpretation of the statute which requires long-term dependence on government
District Court Invalidates New DOL and DHS H-1B Regulations
On December 1, 2020, the U.S. District Court for the Northern District of California granted a motion for summary judgment in favor of the plaintiffs that had requested to set aside two new regulations from the U.S. Department of Labor (DOL) and the U.S. Department of Homeland Security (DHS). The
Judge Strikes Down Administration Rules Restricting Employers’ Use of Visas
On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B and PERM visa programs. In Chamber of Commerce of the United States v. United
USCIS Proposes Changes to the H-1B Lottery
U.S. Citizenship and Immigration Services is wrapping up a comment period regarding a proposed, substantial change to the H-1B nonimmigrant visa program.
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