Key points:
- H-1B lottery will be open from March 9 until March 25, 2021.
- There will be no changes from last year’s lottery rules.
- Priority for higher-paid H-1B applicants will not be implemented in 2021, but...more
Key Points
- DHS and DOL Interim Final Rules on H-1B visas and prevailing wage levels have been struck down by the Court.
- Definition of “specialty occupation” and rules for third-party placement of H-1B employees...more
12/7/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Interim Final Rules (IFR) ,
Presidential Proclamations ,
Prevailing Wages ,
Trump Administration ,
Visas ,
Wage and Hour
- DHS and DOL publish Interim Final Rules on H-1B visas and prevailing wage levels.
- DHS tightens “specialty occupation” definition and restricts third-party placement of H-1B employees.
- DOL significantly raises...more
10/23/2020
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Interim Final Rules (IFR) ,
Preliminary Injunctions ,
Prevailing Wages ,
Specialty Occupations ,
Trump Administration ,
Visas ,
Wage and Hour
- Visa issuance and entry of certain H-1B, H-2B, L-1, and J-1 visa holders are suspended.
- Proclamation does not apply to anyone currently in the United States.
- Proclamation does not apply to anyone who already...more
6/23/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Foreign Nationals ,
Foreign Students ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
USCIS ,
Visas
- The U.S. Supreme Court held that the Trump administration did not properly terminate the DACA program under the APA.
- The DACA program is restored to its full form, as it existed prior to the rescission in 2017.
-...more
6/22/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
- Foreign visitors and employees can extend or change their immigration status.
- DHS relaxes requirements for original documents and original signatures.
- DHS offices are closed to the public but continue to...more
4/21/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
E-Signatures ,
Employment Eligibility Verification ,
Filing Deadlines ,
Foreign Workers ,
Form I-9 ,
Passports ,
Remote Working ,
Time Extensions ,
Travelers ,
US Department of State ,
USCIS ,
Visa Applications ,
Visa Waiver Program ,
Visas
- New DHS regulation mandates use of an electronic H-1B registration system.
- Registration system will be open for only 20 days.
- Employers who win H-1B lottery but then do not file H-1B petitions may be penalized....more
2/18/2020
/ Department of Homeland Security (DHS) ,
Electronic Reporting ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Lottery ,
New Rules ,
Registration Requirement ,
USCIS ,
Visas
- On January 24, 2020, the DHS released a report (“DHS Report”) on the global trade in counterfeit goods, outlining a series of recommendations and actions that should be taken by CBP, ICE and the private sector to combat the...more
• DHS has announced that it has finalized the previously proposed rule on what immigrants are considered a “public charge.” The final rule was published in the Federal Register on August 14th, 2019.
• The rule is effective...more
• DHS has announced that it has finalized the previously proposed rule governing the H-1B lottery. The final rule was published in the Federal Register on January 31, 2019.
• DHS will reverse the order of the H-1B lottery...more
2/8/2019
/ Amended Regulation ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
Electronic Filing ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Labor Condition Applications ,
Registration Requirement ,
USCIS ,
Visa Applications ,
Visa Caps ,
Visas
• Prior to submitting petitions for H-1B visas, employers first will be required to register electronically with USCIS during a designated registration period.
• DHS proposes to use a computer-generated process to select a...more
12/11/2018
/ Comment Period ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
Electronic Filing ,
Employer Liability Issues ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Proposed Rules ,
Public Comment ,
Registration Requirement ,
Trump Administration ,
USCIS ,
Visa Caps ,
Visas
• Applicants for a green card and for most nonimmigrant visas (including work, student and tourist visas) will be subject to the new DHS rule on “public charge” determination. This will affect the processing of...more
10/12/2018
/ Bonds ,
Comment Period ,
Department of Homeland Security (DHS) ,
Exemptions ,
Foreign Nationals ,
Foreign Students ,
Foreign Workers ,
Green Cards ,
H-1B ,
L-1 Visas ,
Non-Immigrant Visas ,
Proposed Rules ,
Public Benefits ,
Public Comment ,
Totality of Circumstances Test ,
Tourists
On September 5, 2017, Attorney General Jeff Sessions announced the decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, which was originally adopted in 2012 and provided deferred action (protection...more
9/7/2017
/ Attorney General ,
DACA ,
DAPA ,
Deferred Action ,
Department of Homeland Security (DHS) ,
Deportation ,
Employment Authorization Documents (EAD) ,
Immigration Enforcement ,
Immigration Reform ,
Legislative Agendas ,
Obama Administration ,
Rescission ,
Temporary Work Visas ,
Trump Administration
On March 31, President Trump signed two Executive Orders (EOs) that address trade. The first EO addresses increased enforcement of U.S. trade and customs laws and specifically calls for plans and strategies to combat the...more
4/5/2017
/ Anti-Dumping Duty ,
Counterfeit Goods Regulation ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Exports ,
Free Trade Agreements ,
Imports ,
Trade Facilitation and Trade Enforcement Act ,
Trade Remedies ,
Trump Administration ,
U.S. Customs ,
USTR
On January 27, 2017, President Trump announced restrictions on entry to the United States by several categories of non-citizens. The EO titled “Protecting the Nation from Foreign Terrorist Entry into the United States” cites...more