What's at Stake for Immigration?
Significant modifications to the H-1B visa program are expected to be implemented by the Department of Homeland Security. The agency issued a Notice of Proposed Rulemaking (NPR) that would “modernize the H-1B specialty...more
On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program. DHS states...more
The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more
On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more
Federal immigration authorities have just published long-awaited revisions to the H-1B visa process intended to modernize that nonimmigrant category and tighten the annual lottery system that has long frustrated employers and...more
On October 23, 2023, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) to amend its current regulations to modernize the H-1B visa program. DHS will accept public comments until...more
U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements...more
Litigator Mary Kate Fernandez will present a one-hour CLE regarding the upcoming changes to the H-1B visa and how those changes will affect the sponsorship process. The H-1B visa is a valuable tool for US employers looking...more
The U.S. Citizenship and Immigration Services (USCIS) recently made an announcement that they will begin accepting registrations for the upcoming 2022 H-1B fiscal year starting on March 9, 2021 at 12 p.m. ET and ending on...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
A federal appeals court just confirmed an uncomplicated interpretation of the “specialty occupation” definition for H-1B visas, clearing the way for a wide variety of industries to seek these highly sought-after visas. At the...more
This week, the Ninth Circuit resolves a novel question about continuing violations under the Defend Trade Secrets Act, and invalidates an agency’s conclusion that computer programmers are not entitled to “specialty...more
On Friday, December 4, 2020, a federal judge ordered the U.S. Department of Homeland Security (DHS) to reopen the Deferred Action for Childhood Arrivals (DACA) program to new applicants for the first time since 2017. This...more
As we predicted two months ago in our analysis of the specious arguments underlying the Department of Labor (DOL) and the Department of Homeland Security (DHS) Interim Final Rules (IFRs) published on October 8, 2020, the...more
On December 1, 2020, the U.S. District Court for the Northern District of California issued a decision overturning two recent Interim Final Rules promulgated by the U.S. Department of Labor (DOL) and U.S. Department of...more
On October 8, 2020, the U.S. Department of Labor (DOL) published the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States”interim final rule, amending the existing...more
- 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
The current administration’s course on immigration ushered in heightened standards for obtaining immigration benefits, restructuring visa allocations through executive orders and renewed and continues to emphasize immigration...more
On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” which will become effective December 7, 2020. This rule...more
President Trump’s Buy American, Hire American Executive Order encouraged the United States Department of Labor (DOL) and the United States Department of Homeland Security (DHS) to propose new rules and guidance that will...more
During the first week of October and just days into the new fiscal year, the Trump Administration announced two significant changes for employers who wish to sponsor foreign workers. The first of these announcements affects...more
On October 8, 2020, the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) that significantly revises the "specialty occupation" H-1B legal standard, among other changes. The regulation is...more
On October 8, 2020, the U.S. Department of Labor (DOL) published an Interim Final Rule (IFR) that impacts prevailing wage programs for H-1B, H-1B1, and E-3 temporary classifications, as well as for certain permanent residence...more
On Thursday, October 8, 2020, the U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) that revised the definition of the term “specialty occupation” and placed additional restrictions on...more