USCIS Agrees to Allow Regional Centers to Maintain Authorization

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CLIENT UPDATE: USCIS Agrees to Joint Settlement Allowing Previously Approved Regional Centers to Maintain Authorization In March 2022, Congress enacted the Reform and Integrity Act “RIA”) which reauthorized theEB-5 Regional Center Program. However, the United States Citizenship and ImmigrationServices (“USCIS”) interpreted the RIA as deauthorizing the 600-plus previously authorizedregional centers. Last week U.S. Citizenship and …

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COURT ORDERS USCIS TO PERMIT DEAUTHORIZED REGIONAL CENTERS TO RESUME OPERATION

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CLIENT ALERT: Federal Court Orders USCIS to Permit Previously Deauthorized Regional Centers to Resume Operations under the Reform and Integrity Act Dear Valued Clients: In March 2022, Congress enacted the Reform and Integrity Act (the “Act”) which reauthorized the EB-5 Regional Center Program. However, the United States Citizenship and Immigration Services (“USCIS”) interpreted the Act …

COURT ORDERS USCIS TO PERMIT DEAUTHORIZED REGIONAL CENTERS TO RESUME OPERATION Read More

POLICY CHANGE ALERT: F-1 Change of Status Applicants No Longer need to Submit Applications to “Bridge the Gap”

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July 21, 2021 Dear Valued Clients: U.S. Citizenship and Immigration Services (“USCIS”) announced yesterday new policy guidance eliminating the need for F-1 change of status (“COS”) applicants to submit subsequent applications for extension or change of nonimmigrant status while their initial F-1 COS application is pending.  The applicant’s nonimmigrant status must be unexpired at the …

POLICY CHANGE ALERT: F-1 Change of Status Applicants No Longer need to Submit Applications to “Bridge the Gap” Read More

CLIENT ALERT: DHS DELAYS EFFECTIVE DATE OF THE H-1B FINAL RULE

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February 8, 2021 On November 2, 2020 we announced that the Department of Homeland Security (DHS) released its proposed rule to amend regulations for filing H-1B cap-subject petitions from random lottery selection to a wage-level-based selection process. On January 7, 2021 United States Citizenship and Immigration Services (USCIS) announced its decision to publish the proposed …

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CLIENT ALERT: USCIS FINALIZES RULE TO CHANGE THE H-1B VISA LOTTERY TO A WAGE BASED SYSTEM

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January 11, 2021 On November 2, 2020 we announced that DHS released its proposed rule to amend regulations for filing H-1B cap-subject petitions from random lottery selection to a wage-level-based selection process by generally first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds …

CLIENT ALERT: USCIS FINALIZES RULE TO CHANGE THE H-1B VISA LOTTERY TO A WAGE BASED SYSTEM Read More

CLIENT ALERT: CALIFORNIA DISTRICT COURT STRIKES DOWN TWO TRUMP H-1B PROCLAMATIONS

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December 2, 2020 In October the Trump administration announced two proclamations making major changes to the H-1B program: Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States which significantly increased prevailing wage determinations for H-1B, and E3 visas; and Strengthening the H-1B Nonimmigrant Visa Classification Program, which made …

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CLIENT ALERT: DEPARTMENT OF HOMELAND SECURITY ANNOUNCES PLANS TO CHANGE THE H-1B VISA LOTTERY TO A SALARY RANKING SYSTEM

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November 9, 2020 The Department of Homeland Security released yet another proposal to modify the H-1B program under the guise of curbing the rising unemployment rate amid the COVID-19 pandemic. On November 2, 2020 the DHS released its proposed rule to amend regulations for filing H-1B cap-subject petitions from random lottery selection to a wage-level-based …

CLIENT ALERT: DEPARTMENT OF HOMELAND SECURITY ANNOUNCES PLANS TO CHANGE THE H-1B VISA LOTTERY TO A SALARY RANKING SYSTEM Read More

CLIENT ALERT: DEPARTMENT OF LABOR SETS NEW PREVAILING WAGE LEVELS FOR H-1B, H-1B1 and E3 Permanent Labor Certifications and LCAs

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October 8, 2020  On October 6, 2020, in a document titled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” the Department of Labor (the Department) announced its plans to amend the Employment and Training Administration (ETA) regulations governing the prevailing wages for H-1B, H-1B1 and E3 visas, specifically …

CLIENT ALERT: DEPARTMENT OF LABOR SETS NEW PREVAILING WAGE LEVELS FOR H-1B, H-1B1 and E3 Permanent Labor Certifications and LCAs Read More

CLIENT UPDATE: President Trump’s Work Visa Ban Partially Suspended by Federal Judge

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October 2, 2020 Dear Valued Clients: In June,  President Trump signed a proclamation suspending H-1B, H-2B, J and L visas effective until December 31, 2020, under the guise of curbing the rising unemployment rate amid the COVID-19 pandemic. A California federal judge in San Francisco has blocked the ban—but not its entirety. The block does …

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CLIENT ALERT: LOOKS CAN BE DECEIVING – WHY THE UPDATED OCTOBER 2020 VISA BULLETIN PRIORITY DATES MAY NOT BE AS GOOD AS THEY APPEAR

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September 28, 2020 Dear Valued Clients:   Last week, the long-awaited October Visa Bulletin was released showing significant forward movement. Notably, the EB-3 “All Chargeability” category will become current for both Chart A, “Final Action Dates” and Chart B “Dates for Filing”. Additionally, EB-1, EB-2, preference categories for those born in India advanced significantly by at least 2 years under Chart B. The EB-3 preference category advances …

CLIENT ALERT: LOOKS CAN BE DECEIVING – WHY THE UPDATED OCTOBER 2020 VISA BULLETIN PRIORITY DATES MAY NOT BE AS GOOD AS THEY APPEAR Read More