News & Analysis as of September 20, 2024

Domestic Hiring Policy

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The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status. less -

US District Court Sets Aside Interim Final Rules Affecting H-1Bs Previously Issued by the US Department of Labor and Department of...

Kramer Levin Naftalis & Frankel LLP on 12/4/2020

On Dec. 1, the United States District Court in the Northern District of California set aside two Interim Final Rules affecting the H-1B program, holding that the Rules were promulgated in violation of the Administrative...more

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on 12/3/2020

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on 12/3/2020

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on 12/2/2020

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program. These rules sought to restrict access to H-1B visas by redefining the...more

Increased Challenges for the H-1B

Mintz - Immigration Viewpoints on 12/6/2019

Anyone who works in legal or HR and handles work authorizations for their employees will agree that hiring foreign nationals or international transfers has become much more difficult under the current administration and its...more

Employers Relying On H-4 Dependent Spouse Visas Better Move Fast as April 1 Lottery Looms

Akerman LLP - HR Defense on 3/19/2018

Proposed changes to the rule authorizing employment for H-4 status holders could spell an increase in H-1B petitions this upcoming fiscal year, and ultimately, increased sponsorship costs for employers. ...more

USCIS Publishes Policy Memorandum on H-1B Third-Party Worksite Requirements

Littler on 2/28/2018

The U.S. Citizenship and Immigration Services (USCIS) has published a memorandum establishing its policy relating to H-1B petitions filed for employees who will be working at one or more third-party worksites. ...more

USCIS Clarifies Position on AC21 H-1B Extensions

Moore & Van Allen PLLC on 1/15/2018

Last week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21)....more

Rumored Changes To The H Visa Category

Dickinson Wright on 1/10/2018

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

Possible Changes to H-1B Extension Rules and Their Potential Implications

Littler on 1/8/2018

According to a news report, the Department of Homeland Security (DHS) is considering ending the ability to extend H-1B visas beyond the six-year limit of authorized stay. ...more

What’s New in Immigration Law?

Dickinson Wright on 10/18/2017

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

Higher Costs for Highly Skilled Foreign Workers in Store for Employers?

Akerman LLP - HR Defense on 8/29/2017

Despite the absence of new regulations or policies enacted following the President’s “Buy American and Hire American” Executive Order, a recent shift in the adjudication of H-1B visas indicates the Administration’s policy...more

New Operational Directives Reflect ‘Buy American, Hire American’ Executive Order

Jackson Lewis P.C. on 8/14/2017

Following the “Buy American, Hire American” Executive Order, issued in April, the Attorney General and the Secretaries of State, Labor, and Homeland Security have made operational changes that emphasize targeted...more

Overhaul of H-1B Visa Program Expected in Response to "Buy American and Hire American" Order

Littler on 7/6/2017

The White House has been working with the Department of Justice to formulate changes to the H-1B visa program pursuant to the administration’s “Buy American and Hire American” executive order. The H-1B visa program is a...more

Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1B Visa Holders After The President’s Executive Order...

Proskauer - Law and the Workplace on 5/1/2017

We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his...more

USCIS Reveals H-1B Cap Submission Numbers & President Trump Signs a New Executive Order

Mintz on 4/19/2017

As a follow-up to the April 7, 2017 announcement that the H-1B cap had been reached, on Monday, April 17, USCIS revealed that it has now completed the random selection of the 85,000 petitions for the quota and that in total,...more

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