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Tag: H1B_Visa

  • DHS will Publish Final Rule Modifying the H-1B Cap Selection Process

    The Department of Homeland Security (DHS) will publish a final rule, Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H1B Petitions, on January 8, 2021, amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for the filing of H-1B cap-subject petitions. Specifically, this rule will direct […]

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  • President Trump Extends Immigrant & Nonimmigrant Visa Bans to March 31

    On December 31, 2020, the Trump Administration issued a presidential proclamation, Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market, extending the ban of entry for certain nonimmigrant and immigrant visas as provided for in the April 22, 2020 and June 22, 2020 proclamations.   President Trump’s […]

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  • Senate Unanimously Passes Immigration Bill Lobbied by Big Tech

    On December 2, 2020, the U.S. Senate unanimously passed a bill entitled “Fairness for High-Skilled Immigrants Act of 2020.” The bill, which sets out new provisions focused on both green card and H-1B temporary worker reform, was passed without any public hearings and is said to pacify Big Tech’s hankering for cheap indentured labor. Notably, this is the […]

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  • Breaking News: District Court Sets Aside Two Interim Final Rules Targeting Employment-Based Immigration

    On December 1, 2020, the U.S. District Court for the Northern District of California set aside two interim final rules upending the H-1B visa program and other employment-based immigration categories in Chamber of Commerce v. DHS. Both rules were announced in October and comprised of significant changes to the H-1B prevailing wage levels and eligibility criteria.  The […]

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  • H-1B Specialty Occupation Class Action Litigation: Court Grants Class Certification

    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 […]

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  • DHS Proposes Rule to Prioritize Selection of H-1B Registrations Based on Wage Levels

    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 […]

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  • DOS Proposes Ending the “B-1 in Lieu of H” Visa Policy

    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 […]

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  • DOS Issues Update on Court Order Regarding Proclamation Suspending Entry of Aliens Who Pose a Risk to the U.S. Labor Market

    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 […]

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  • New rules from DHS & DOL to Significantly Impact the H-1B Visa Program

    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 […]

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  • H-1B Lottery Reopened: Additional Selections Made

    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 […]

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