News & Analysis as of

Department of Homeland Security (DHS) H-1B Biden Administration

Mintz - Immigration Viewpoints

US Department of Homeland Security Publishes H-1B Modernization Rule

On December 18, 2024, the Biden administration’s Department of Homeland Security published its final rule to overhaul several aspects of the H-1B visa program. This final rule, which takes effect 30 days after publication, is...more

Seyfarth Shaw LLP

Executive Order: A Real Shift in Immigration and AI, or Just AI Creation?

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 30, 2023, President Biden issued an Executive Order that sets a new course for the safe, secure, and trustworthy development and use of Artificial Intelligence (AI). Interestingly, this order is...more

Mintz - Immigration Viewpoints

White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - August 2022 #4

DACA Regulations Finalized. On August 24, 2022, the U.S. Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) released a final rule to codify the Deferred Action for Childhood Arrivals...more

Gibney Anthony & Flaherty, LLP

Court Vacates Rule Favoring High-Wage Earners in H-1B Cap Selection Process

A federal district court has struck down a legacy Trump administration rule that would have replaced the annual H-1B cap lottery with a scheme to favor high-wage earners. If implemented, the rule would have adversely...more

Jackson Lewis P.C.

Delays To H-1B Rules Changes, Administration Advises

Jackson Lewis P.C. on

Citing the need to adequately assess their potential impact, the Biden Administration seeks to delay, or reverse, in some cases, a triumvirate of rules issued by the previous administration aimed to dramatically change the...more

Miles & Stockbridge P.C.

Update: Business Immigration and the Biden Administration

In February, we outlined some immediate and anticipated changes in the business immigration environment after the Biden Administration took office. Now that several months have passed and the Administration has had time to...more

Harris Beach Murtha PLLC

Biden Administration Revives International Entrepreneur Parole Program; Plus a Look at Other Investment-Based Visa Options

Last month, the Department of Homeland Security announced that it was withdrawing a 2018 proposal to remove the International Entrepreneur (IE) Parole program from DHS regulations, effectively confirming to the public that...more

Jackson Lewis P.C.

Litigation Over H-4 EAD Rule Progresses

Jackson Lewis P.C. on

Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland...more

Baker Donelson

State of Play in Business and Family Immigration

Baker Donelson on

More than 78 days into the Biden Administration, less dust than expected or hoped has settled on the landscape for business and family immigration to the U.S. This article briefly assesses the state of play concerning...more

Akin Gump Strauss Hauer & Feld LLP

Inside The Immigration Reform Bill's Business Provisions

The U.S. Citizenship Act, an immigration reform bill supported by President Joe Biden, was unveiled on Feb. 17 by Sen. Bob Menendez, D-N.J., and Rep. Linda Sanchez, D-Calif. The bill is a key element of the president's...more

Akin Gump Strauss Hauer & Feld LLP

USCIS Announces Rules for H-1B Lottery

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

Miles & Stockbridge P.C.

Business Immigration and the Biden Administration

The first two weeks of the Biden Administration have seen a flurry of activity indicating it will move away from the more restrictive immigration environment of the Trump era, including for employment-based immigration...more

WilmerHale

Biden Administration Delays Trump-Era Rule Changing H-1B Lottery System

WilmerHale on

The Biden Administration announced that it would delay implementing a new rule promulgated in the waning days of the Trump Administration that would change the long-standing practice of allocating H-1B visas for highly...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Withdraws Proposed Rule to Rescind H-4 Work Authorization Program

On January 25, 2021, the U.S. Department of Homeland Security (DHS) withdrew its proposed rule that sought to eliminate the H-4 employment authorization document (EAD) program for eligible spouses of H-1B workers. The...more

Jackson Lewis P.C.

Proposed H-4 EAD Rule Withdrawn For Review

Jackson Lewis P.C. on

On January 25, 2021, the Biden administration withdrew from review the Trump administration’s proposed rule that would have rescinded the H-4 EAD program. For close to five years, spouses of H-1B workers holding H-4 EADs...more

Tarter Krinsky & Drogin LLP

New Administration, New Comprehensive Immigration Reform Proposal

On January 20, 2021, President Biden sent The U.S. Citizenship Act of 2021 (the Bill) to Congress for consideration. This legislation is considered groundbreaking and takes into consideration the last 25 years of efforts by...more

Nilan Johnson Lewis PA

Not Biden His Time: Biden Administration Announces Intentions to Make Immigration Reform a Top Administrative Priority

Nilan Johnson Lewis PA on

Immediately after President Joe Biden took office, his administration unveiled a series of Executive Actions and legislative proposals designed to signal its top priorities. The actions taken within his first week include...more

Constangy, Brooks, Smith & Prophete, LLP

H-1B Cap Lottery May Favor The Highest Paid Foreign Nationals - But Will The Rule Take Effect?

In filing an H-1B petition, employers must select one of four wage levels for the applicable occupational title in preparing the required Labor Condition Application. (There is an exception when a private wage survey is...more

Williams Mullen

DHS Issues Final Rule to Modify H-1B Lottery and Prioritize Higher Salaries

Williams Mullen on

On January 8th, the U.S. Department of Homeland Security published a final rule which will modify the H-1B lottery system. The final rule will prioritize H-1B petitions that offer Level IV wages based on the Department of...more

Epstein Becker & Green

December 2020 Immigration Alert

Epstein Becker & Green on

Federal District Court in California Sets Aside October 2020 DOL and USCIS H-1B Regulations - In last month’s Epstein Becker Green Immigration Alert, we reported that the U.S. Department of Labor (“DOL”) and U.S....more

Constangy, Brooks, Smith & Prophete, LLP

Federal Court Rules Against Administration’s Two Controversial H-1B rules

We reported in October about two new rules that were issued by the U.S. Department of Homeland Security and the U.S. Department of Labor that would affect H-1B specialty occupation visas. The DOL rule significantly raised...more

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