U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) increasing the automatic extension period of employment authorization and Employment Authorization Documents (EAD) from 180 days to up to 540 days total. The TFR will be effective immediately on May 4, 2022. The temporary increase will avoid gaps in employment for non-citizens with …
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 …
CLIENT ALERT: DHS DELAYS EFFECTIVE DATE OF THE H-1B FINAL RULE Read More
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
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 …
CLIENT ALERT: CALIFORNIA DISTRICT COURT STRIKES DOWN TWO TRUMP H-1B PROCLAMATIONS Read More
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 …
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 …
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 …
CLIENT UPDATE: President Trump’s Work Visa Ban Partially Suspended by Federal Judge Read More
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 …
August 6, 2020 Dear Valued Clients, On July 22, 2020 United States Citizenship & Immigration Services (“USCIS”) posted its performance data on all USCIS Petitions and Applications for Quarter 2 of Fiscal Year 2020. The data reveals that USCIS received only 21 Form I-526 petitions, approved 714 cases, and denied 190 cases between January 2020 …
Potential Use of a Writ of Mandamus for Form I-526, I-829 or I-924 Read More
July 15, 2020 Dear Valued Clients: On July 6, 2020, the Student and Exchange Visitor Program (SEVP), which operates under Immigration and Customs Enforcement (ICE), announced its plans to prohibit nonimmigrant F-1 and M-1 students attending schools operating entirely online from remaining in the United States and to halt U.S. Visas issued to students enrolled …
