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Tag: H1B_Visa

  • Lawsuit Challenges Using Wages as an H-1B Selection Factor

    A lawsuit has been filed in the D.C. District Court which challenges a final rule affecting the H-1B lottery process. This rule would give preference to H-1B applicants who make the highest salaries in their respective field. Those who filed the lawsuit, as well as those who support it, claim this rule is unfairly advantageous […]

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  • DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations

    On May 19, 2021, the Department of Homeland Security (DHS) issued a final rule which removes constraints put on H-1B applications from the 2020 interim final rule “Strengthening H-1B Non-Immigrant Visa Classification Program.” What is an H-1B Non-Immigrant Visa? The H-1B is a visa available to individuals who wish to work in a specialized occupation […]

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  • U.S. & Mexico Announce Change in Visa Reciprocity Revisions for Certain Work Visas

    On April 26, 2021, the Governments of Mexico and the U.S. announced a change in the visa reciprocity standards for certain work visas for Mexican citizens and work permits for U.S. citizens. The principle of reciprocity is grounded in the Immigration and Nationality Act (INA) and requires the Department of State (DOS) to set country-specific […]

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  • Oh, You Didn’t Make the H-1B Cap? Have You Considered Canada?

    As of March 31st,2021, USCIS has notified employers and immigration counsels of the selected registrations in the H-1B lottery. If you or someone you know have not been selected, there are other potential options to consider. Similar to the U.S. H-1B Visa, Canada has a program which allows Canadian employers to hire foreign workers for […]

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  • The Biden Administration Allows Nonimmigrant Visa Ban to Expire

    On March 31, 2021, the Presidential Proclamation restricting the entry of certain nonimmigrants, including H-1B, H-2B, L-1, and certain J-1 travelers, into the United States, has been allowed to expire by President Biden.  It has been widely reported that President Biden will not renew this June 2020 Presidential Proclamation, put in place by the Trump […]

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  • Biden Administration Rescinds Buy American Hire American Executive Order & 2017 Computer Programmer Memo

    President Biden signed an executive order which essentially revoked former President Trump’s Buy American Hire American (BAHA) executive order, as well as the 2017 Computer Programmer Memo. President Trump signed the BAHA executive order on April 18, 2017. The order claimed to increase wages and employment rates for U.S. workers and directed agencies to issue rules […]

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  • DHS Announces Upcoming H-1B Lottery Season & Delays Effective Date of the H-1B Selection Final Rule

    Last week, USCIS announced that the H-1B cap registration process for the upcoming H-1B lottery season will open on March 9, 2021 and will close on March 25, 2021. USCIS will notify selected registrants by March 31, 2021 that they have been selected and petitions may be filed for the selected beneficiaries between April 1 […]

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  • DOL Issued a Revised Wage Rule Restructuring the Prevailing Wage System

    On January 14, 2021, the U.S. Department of Labor (DOL) published a final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, changing how wage levels are computed under the DOL’s four-tier wage structure. The January 14, 2021 rule is a revised version of a similar DOL rule, […]

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  • 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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