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Visas Administrative Procedure Act

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Littler

New Federal Lawsuit Against DHS Alleges APA Violations, Erroneous H-1B Visa Denials

Littler on

A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more

Jackson Lewis P.C.

H-1B Update: Suspecting Fraud, USCIS Challenges, Denies Some Petitions, and Foreign Nationals Sue

Jackson Lewis P.C. on

USCIS has been issuing challenges and even denials to some H-1B petitions based upon allegations of suspected lottery fraud. USCIS appears to be taking the position that fraud occurs when multiple registrations are submitted...more

Constangy, Brooks, Smith & Prophete, LLP

Court upholds USCIS regulation requiring amended petition for change in location

The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more

Holland & Knight LLP

Religious Institutions Update: March 2023

Holland & Knight LLP on

Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

Jackson Lewis P.C.

Prevailing Wage Rule For High-Skilled Foreign Workers Effective November 2022

Jackson Lewis P.C. on

The effective date of the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigration and Non-Immigrants in the United States” (Prevailing Wage Rule) related to H-1B, H-1B1, and E-3 work...more

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

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for...more

Miles & Stockbridge P.C.

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random...more

WilmerHale

Trump Administration Increases Salary Requirements for H-1B Visa Holders

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The Trump Administration announced on January 12, 2021 that it has promulgated a new, final rule that will significantly increase the wages that must be paid to holders of H-1B visas for highly skilled workers, though the...more

WilmerHale

COVID-19: Trump Administration Continues Suspension of Immigration and Work Visas

WilmerHale on

With weeks to go in his administration, President Trump has extended two controversial presidential proclamations that would prohibit many immigrant and nonimmigrant visa holders from entering the United States until months...more

Proskauer - Proskauer For Good

Federal Court Considers Proskauer Amicus Brief on Behalf of 25 Leading Colleges and Universities in Setting Aside Visa...

As we previous reported, on October 30, 2020, Proskauer filed an amicus brief on behalf of 25 leading colleges and universities in support of a preliminary injunction, and, in the alternative, for partial summary judgment...more

Fisher Phillips

Federal Judge Blocks New H-1B Pay Rules

Fisher Phillips on

In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more

Gibney Anthony & Flaherty, LLP

Judge Strikes Down Rules Restricting Visas for High-Skilled Foreign Workers

A federal judge in California struck down two Trump administration rules that substantially altered the H-1B visa program for temporary professional workers and increased wage obligations for businesses employing certain...more

Holland & Hart LLP

Federal Court Reverses Trump Administration's H-1B Wage Hike

Holland & Hart LLP on

As a positive development for H-1B employers, on December 1, 2020, the U.S. District Court for the Northern District of California issued a final ruling in Chamber of Commerce, et al., v. DHS, et al. set aside the Interim...more

Kramer Levin Naftalis & Frankel LLP

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

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

WilmerHale

Federal Court Blocks Trump Administration's H-1B Visa Rules

WilmerHale on

Judge Jeffrey S. White of the District Court for the Northern District of California on December 1, 2020, set aside two new rules promulgated by the Trump Administration aimed at significantly curtailing the H-1B visa program...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

Harris Beach PLLC

Recent H-1B Restrictions Overturned by Federal Court

Harris Beach PLLC on

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

Jackson Lewis P.C.

Suits Challenge New Rules On H-1B And PERM Labor Certification Programs

Jackson Lewis P.C. on

Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the...more

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

DHS Issues Interim Final Rule to Restrict Requirements for H-1B Visa Classification

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its long-speculated interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program.” According to the interim final rule’s...more

Jackson Lewis P.C.

New Rule Likely Intended To Formalize Onerous H-1B Requirements

Jackson Lewis P.C. on

The “Strengthening the H-1B Nonimmigrant Visa Classification Program” rule has been submitted to the Office of Information and Regulatory Affairs (OIRA) for review and could be published by the end of the year – or earlier....more

Epstein Becker & Green

August 2020 Immigration Alert

Epstein Becker & Green on

USCIS Will Increase Filing Fees as of October 2, 2020 - On July 31, 2020, the U.S. Citizenship and Immigration Service (“USCIS”) announced it will increase filing fees effective October 2, 2020. The fee increases will...more

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

Beltway Buzz - June 2020 #3

SCOTUS: Title VII Protects LGBTQ and Transgender Employees. On June 15, 2020, the Supreme Court of the United States released its historical decision in Bostock v. Clayton County, Georgia, holding that discrimination against...more

Proskauer Rose LLP

Diversity Visa Lottery: Lawsuit over New Passport Rule

Proskauer Rose LLP on

On September 25, 2019, we reminded clients that the Diversity Visa Lottery would be open from October 2, 2019 to November 5, 2019 for Fiscal Year 2021. A lawsuit has been initiated in federal court challenging the new...more

Jackson Lewis P.C.

Goal Of Establishing Merit-Based Immigration System Undermined By Visa Hurdles

Jackson Lewis P.C. on

The Trump Administration has indicated it wants to establish a merit-based immigration system focusing on bringing more high-skilled workers to the United States. According to one Administration official, the aim is to...more

Amundsen Davis LLC

U.S. Citizenship And Immigration Services Policy Challenged On Third-Party Worksites

Amundsen Davis LLC on

A U.S. Citizenship and Immigration Services (USCIS) memorandum-issued policy is at the heart of a court case challenging recent H-1B visa denials. The “Contracts and Itineraries Requirements for H-1B Petitions Involving...more

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