Tag: H-1B Visas

The United States District Court, Northern District of California has granted, in part, a motion for class certification brought by U.S. employers (“Plaintiffs”) who alleged that USCIS has a “policy and practice of arbitrarily and unlawfully denying H-1B nonimmigrant worker petitions for the specialty occupation of market research analyst.”  The H-1B classification allows employers to […]

On October 28, 2020, the Department of Homeland Security (DHS) announced a notice of proposed rulemaking that would prioritize the selection of H-1B registrations (or petitions, if the registration process is suspended) based on corresponding wage levels. DHS states that this will better protect the economic interests of U.S. workers, while still allowing U.S. employers […]

On October 21, 2020 the Department of State (DOS) issued a notice of proposed rulemaking on visas for temporary visitors for business or pleasure. The proposed change would amend the regulation governing the B-1 nonimmigrant visa classification, which provides temporary visas for visitors entering the U.S. for business activities that are necessary and incidental to their regular […]

On June 22, President Trump issued a Presidential Proclamation 10052 (PP 10052) suspending certain nonimmigrant visas until December 31, 2020. Effective June 24, the proclamation prohibits foreign nationals, and any foreign nationals accompanying or following to join them, from entering the U.S. under the H-1B, H-2B, J, or L nonimmigrant visa classifications. Lawsuit Challenging the Proclamation’s Legal […]

The Department of Homeland Security (DHS) and the Department of Labor (DOL) have released new rules that will result in significant changes to the H-1B specialty occupation program, making it more difficult for skilled foreign workers to acquire H-1B visas and work permits. DHS’s new rule will impede on employers’ ability to sponsor foreign workers by restricting the definition […]

Last week, U.S. Citizenship & Immigration Services (USCIS) re-opened the H-1B cap lottery selection process. USCIS reopened the selection process because the number of petitions filed did not meet the annual cap. What is New Notifications have now gone out to applicants or their representatives notifying them that their H-1B registrations have been selected for the […]

On June 22, 2020, President Trump issued a proclamation prohibiting foreign nationals  from entering the U.S. under H-1B, H-2B, J (if participating in an intern, trainee, teacher, camp counselor, au pair, or summer work program), or L nonimmigrant visa status.  The original proclamation applied the prohibition on entry to foreign nationals who are outside the […]

On June 17, 2020, USCIS issued a new Policy Memorandum rescinding (revoking) two prior Policy Memoranda regarding the adjudication of certain petitions for H-1B nonimmigrant status.  This move was in response to settlement of two recent court cases (ITServe Alliance, Inc. et al v. L. Francis Cissna and Serenity Infotech et al v. Kenneth T. […]

2018 Third-Party Worksites Memorandum In 2018, USCIS issued a policy memorandum mandating burdensome documentation requirements for employers placing H-1B workers at off-site locations. The mandate required employers to provide detailed itineraries illustrating “the dates of each service or engagement, the names and addresses of the [off-site] employers, and the names and addresses of the establishment, […]

Whether for performance issues or for lack of work, the termination of H-1B employees presents special challenges to both the employer and the employee. In today’s blog, we will take a closer look at these challenges.  H-1B Employer Obligations Notify USCIS of termination  Regulations require an H-1B employer to notify USCIS “immediately” of “any material […]