After years of outreach to USCIS, a major settlement (Shergill, et al. v. Mayorkas, 11/10/21) has forced the agency to update its policy to provide that certain H-4, E, or L-2 dependent spouses will qualify for an automatic...more
As we predicted two months ago in our analysis of the specious arguments underlying the Department of Labor (DOL) and the Department of Homeland Security (DHS) Interim Final Rules (IFRs) published on October 8, 2020, the...more
12/4/2020
/ Administrative Procedure Act ,
Chamber of Commerce ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Workers ,
H-1B ,
Interim Final Rules (IFR) ,
Prevailing Wages ,
Specialty Occupations ,
Summary Judgment ,
Trump Administration ,
Visa Caps
On Thursday, October 8, 2020, the U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) that revised the definition of the term “specialty occupation” and placed additional restrictions on...more
10/12/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Workers ,
Green Cards ,
H-1B ,
Interim Final Rules (IFR) ,
LCA ,
Prevailing Wages ,
Specialty Occupations ,
Trump Administration ,
USCIS ,
Visas
On August 3, 2020, President Trump signed an executive order (“EO”) entitled “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.” Perhaps by design, it signals widespread review of the...more
8/5/2020
/ Corporate Counsel ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
Foreign Workers ,
Green Cards ,
H-1B ,
Immigration and Nationality Act ,
LCA ,
OMB ,
Secretary of Labor ,
Subcontractors ,
Trade Adjustment Assistance ,
Trump Administration
On June 17, USCIS rescinded two policy memoranda and updated policy guidance dealing with the employer–employee relationship for H-1B petitions, including third-party site placements, and contracts and itineraries...more
On January 31, 2020, the Department of Homeland Security (DHS) published a Form I-9 Federal Register notice announcing a new version of Form I-9, Employment Eligibility Verification (Rev. 10/21/2019). Employers should begin...more