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

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 …

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

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

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

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

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

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

Potential Use of a Writ of Mandamus for Form I-526, I-829 or I-924

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 …

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Client Alert: President Trump Rescinds Rule Regarding International Students and Online Learning

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 …

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Client Alert: International Students and Schools Accepting International Students

Modifications to Temporary Exemptions for Non-immigrant Students Taking Online Courses During Fall 2020 Semester On July 6, 2020, The Student and Exchange Visitor Program (SEVP) announced modifications Monday to temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The U.S. Department of Homeland Security plans to publish …

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Client Alert: President Trump Suspends H-1B, H-2B, J and L Visas

June 23, 2020 RE: President Trump Suspends H-1B, H-2B, J and L Visas Dear Valued Clients: Yesterday,  President Trump signed a proclamation suspending certain work visas effective immediately to December 31, 2020.  However, its application will likely be less than would seemingly be the case for the following reasons: The proclamation applies to aliens outside …

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