Shumaker, Loop & Kendrick, LLP

DOL and DHS Release Joint New Rules for H-2B Visa Program

Last week the U.S. Departments of Labor and Homeland Security announced an interim final rule to reinstate and make improvements to the H-2B Visa program, and a final rule to establish the prevailing wage methodology to be…more
| Labor & Employment Law, Immigration Law

Stay on Order Affecting H-2B Program is Extended by One Month

On Wednesday, the Florida federal court in Perez v. Perez, No. 3:14-cv-682, extended the stay on its March 4, 2015 order vacating the U.S. Department of Labor’s (DOL) 2008 H-2B regulations order by one month through May 15,…more
| Civil Procedure, Labor & Employment Law, Immigration Law

EB-5 Retrogresses By Two Years in May 2015 for Nationals of China

The Department of State has released its Visa Bulletin for May 2015 and, as predicted back in October 2014 by Chief of the Visa Control and Reporting Division, Charles Oppenheim, the EB-5 category will retrogress for nationals…more
| Labor & Employment Law, Immigration Law, Science, Computers, & Technology

Alert: USCIS Conducts Random H-1B Lottery for FY 2016

Today, after receiving nearly 233,000 petitions, United States Citizenship & Immigration Services (USCIS) announced that it conducted its lottery (a computer-generated random selection process) to select the H-1B petitions that…more
| Labor & Employment Law, Immigration Law, Science, Computers, & Technology

Employment Authorization for Certain H-4 Dependent Spouses

As a reminder, effective May 26, 2015, eligibility for employment authorization will be extended to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status…more
| Labor & Employment Law, Immigration Law, Science, Computers, & Technology

Multiple Legal Briefs Defending The President’s Executive Actions Filed

On Monday, multiple amicus briefs were filed with the Fifth Circuit Court of Appeals in the case of State of Texas v. United States. As way of background, a coalition of 26 states, including the State of Texas, sued the U.S…more
| Civil Procedure, Constitutional Law, Elections & Politics, Immigration Law

H-1B Cap For FY 2016 Has Been Reached

United States Citizenship & Immigration Services (“USCIS”) announced today that it has reached the congressionally mandated H-1B cap for fiscal year 2016…more
| Labor & Employment Law, Immigration Law, Science, Computers, & Technology

Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17

Tuesday, the Fifth Circuit granted the U.S. Department of Justice’s (DOJ) request to expedite its appeal of U.S. District Judge Andrew Hanen’s injunction staying President Obama’s immigration actions…more
| Civil Procedure, Constitutional Law, Elections & Politics, Immigration Law

April Visa Bulletin Released

The U.S. Department of State (DOS) recently released the April Visa Bulletin. Overall, most visa categories moved forward. In particular, EB-2 India and EB-2 China advanced by seven and eight months, respectively. Unfortunately,…more
| Labor & Employment Law, Immigration Law, Science, Computers, & Technology

L-1B Policy Development: USCIS Issues L-1B Adjudications Memo for Comment

Today, U.S. Citizenship & Immigration Services (USCIS) issued a policy memorandum that provides guidance to field adjudicators on things to consider while adjudicating an L-1B petition. Specifically, the new L-1B Adjudications…more
| Labor & Employment Law, Immigration Law, International Law & Trade, Science, Computers, & Technology

OPT Program Under Attack

While a lawsuit challenging President Obama’s executive action has garnered headlines recently, another lawsuit that could negatively impact the labor supply and increase the cost of doing business for employers has largely…more
| Education, Labor & Employment Law, Immigration Law, Science, Computers, & Technology

USCIS Resumes Processing of H-2B Petitions

As reported on March 10, 2015, the U.S. Department of Labor (DOL) suffered a setback as result of a ruling by a federal district court in the Northern District of Florida on March 4, 2015. Essentially, in Perez v. Perez, No…more
| Labor & Employment Law, Immigration Law, Science, Computers, & Technology

The President’s Executive Actions on Immigration Are Further Delayed

Last Thursday, the U.S. Department of Justice (DOJ) filed an emergency motion with the Fifth Circuit Court of Appeals to lift a preliminary injunction issued by U.S. District Judge Andrew Hanen last month in lawsuit filed by a…more
| Administrative Law, Elections & Politics, Labor & Employment Law, Immigration Law

Navigating H-1B Requirements: The Degree Must Relate to the Specialty Occupation

To obtain an H-1B visa, a petitioner must demonstrate that the proposed position it intends for the beneficiary to fill qualifies as a specialty occupation and that the beneficiary is qualified for that position. As defined in…more
| Labor & Employment Law, Immigration Law, Science, Computers, & Technology

Adjudication of H-2B Petitions Temporarily Suspended

On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida. Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4,…more
| Labor & Employment Law, Immigration Law, Science, Computers, & Technology
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101 E. Kennedy Blvd; Suite 2800
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Contact: Jennifer Malin

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