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Home > Federal Law Articles > Immigration > Visas

Articles Discussing Employment-Related Visas.

Proposed H-4 EAD Rule Withdrawn for Review

January 29, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

On January 25, 2021, the Biden administration withdrew from review the Trump administration’s proposed rule that would have rescinded the H-4 EAD program.

For close to five years, spouses of H-1B workers holding H-4 EADs have been living with uncertainty that their work authorization would be eliminated at any time.

A Glimpse Into Biden’s Immigration Policies: The U.S. Citizenship Act of 2021

January 27, 2021 | Ogletree Deakins Filed Under: Visas

On January 20, 2021, Joseph R. Biden, Jr. was sworn into office as the 46th president of the United States. With this change in administration, it is expected that sweeping policy reviews and changes will be forthcoming. The acts of a president over the first few days and weeks of

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

January 20, 2021 | Ogletree Deakins Filed Under: Visas

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

Rulingmaking Redux: DOL Issues Updated Final Rule Adjusting Wage- Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

January 18, 2021 | Ogletree Deakins Filed Under: Visas

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

January 13, 2021 | Ogletree Deakins Filed Under: Visas

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

January 13, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

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

January 12, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

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


Update: Snapshot of Nonimmigrant Visa Bans and Travel Restrictions

January 8, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

On December 31, 2020, just as it was about to expire, President Donald Trump extended the ban on immigrant and nonimmigrant visas until March 31, 2020. Initiated in April and June 2020, the bans were intended to block immigrants and nonimmigrants (with H, L and J visas) from coming to

USCIS Publishes Regulation Implementing Wage-Based H-1B Visa Allocation System

January 7, 2021 | CDF Labor Law LLP Filed Under: Visas

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

January 7, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

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

January 6, 2021 | Jackson Lewis Filed Under: Visas

Jackson Lewis

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

January 5, 2021 | Ogletree Deakins Filed Under: Visas

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

January 3, 2021 | CDF Labor Law LLP Filed Under: Visas

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

December 18, 2020 | Jackson Lewis Filed Under: Visas

Jackson Lewis

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

December 4, 2020 | Jackson Lewis Filed Under: Visas

Jackson Lewis

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

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