The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration...more
2/23/2021
/ Citizenship ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Employment Authorization Documents (EAD) ,
Green Cards ,
Highly-Skilled Workers Visa ,
Immigration Reform ,
Joe Biden ,
STEM ,
Temporary Protected Status ,
Undocumented Immigrants ,
Visas
USCIS has announced that the Cap H-1B Electronic Registration will open on March 9, 2021 at noon EST and will close on March 25, 2021 at noon EST.
The process will mirror last year’s process.
USCIS also announced its...more
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...more
On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B...more
Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the...more
The Department of Homeland Security (DHS) has released yet another rule that will make it harder and more costly for U.S. companies to employ highly skilled workers.
As a companion regulation to the “Strengthening Wage...more
Premium processing fees are going up (the bad news), but premium processing will be available for more types of cases (the good news) according to changes included in the recently passed Continuing Resolution (CR) that will...more
Judge Jeffrey S. White has granted the plaintiffs’ request for preliminary injunction preventing the continued enforcement of the Presidential Proclamation suspending the entry of certain individuals in H, L, and J status...more
While it typically uses the “Final Action Dates” chart for accepting adjustment of status application filings, U.S. Citizenship and Immigration Services (USCIS) has announced that for October 2020, it will allow...more
The “Strengthening the H-1B Nonimmigrant Visa Classification Program” rule has been submitted to the Office of Information and Regulatory Affairs (OIRA) for review and could be published by the end of the year – or earlier....more
Acting quickly, as he promised, Judge Ahmit P. Mehta in Gomez v. Trump, recognized the particular urgency of the Diversity Visa plaintiffs’ situation and granted them injunctive relief. Judge Mehta ordered the Department of...more
In April and June, numerous Presidential Proclamations suspended entry of thousands of legal immigrants and nonimmigrants least until December 31, 2020, using the COVID-19 pandemic as the reason. This is despite the fact that...more
9/4/2020
/ Coronavirus/COVID-19 ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration ,
J-1 Visas ,
L-1 Visas ,
Popular ,
Presidential Proclamations ,
Trump Administration ,
Visas
Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas.
Without Congressional oversight or legislative changes, the Trump Administration has changed the policies...more
Foreign nationals with approved permanent residence applications but no actual permanent resident card (known as Green Cards) are not the only ones dealing with the printing back-up at USCIS. After deciding to bring the...more
The White House has issued an amendment to the June 22, 2020, Presidential “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” to clarify an issue regarding...more
The day before his previous Proclamation on immigrant visa was to expire, President Donald Trump signed the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus...more
6/24/2020
/ Coronavirus/COVID-19 ,
Executive Orders ,
Foreign Workers ,
H-1B ,
H-2B ,
J-1 Visas ,
L-1 Visas ,
PERM ,
Presidential Proclamations ,
Trump Administration ,
Visas ,
Work Visas
The Department of State (DOS) has been collecting (and maintaining) information on social media use from all visa applicants (immigrant and non-immigrant) since June 2019. The DOS’s collection and maintenance of this...more
6/22/2020
/ Applications ,
California Consumer Privacy Act (CCPA) ,
Data Privacy ,
Immigrants ,
Online Platforms ,
Personal Data ,
Privacy Laws ,
Social Media ,
US Department of State ,
Vetting ,
Visas
Additional restrictions on entry into the U.S. may be expected soon. Initial indications are that the Administration is considering barring H-1B, H-2B, L-1, and J-1 status among other non-immigrant visa categories.
On...more
Processing delays for immigration cases have increased by 46 percent in the past two fiscal years and 91 percent since FY 2014.
Businesses complain that they cannot obtain H-1B visas for key employees. Congress is looking...more
USCIS has announced the new Public Charge Rule will become effective on February 24, 2020, now that the U.S. Supreme Court has lifted the injunction.
This Rule affects legal immigrants (those who are legally in the United...more
It is time to start preparing for the upcoming H-1B visa lottery, which begins April 1, 2020, and will be the first one to require an electronic registration for each case.
To be eligible to file a cap-subject H-1B...more
2/3/2020
/ Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Lottery ,
OPT ,
STEM ,
USCIS ,
Visa Caps ,
Visas
The Trump Administration’s new Public Charge Rule can go into effect (for now, at least).
The U.S. Supreme Court, in a 5-4 ruling, has lifted the injunction that prevented DHS from enforcing its new Public Charge Rule...more
Predictably, the “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” has been blocked from going into effect for the time being. The U.S....more
President Donald Trump’s new “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” likely will reduce drastically the number of legal immigrants...more
Since 2017, USCIS under the Trump Administration has essentially directed its adjudicators to find ways to deny H-1B petitions. The most recent statistics on Requests for Evidence (RFEs) and denials certainly support this,...more