In a recent Executive Order, the new administration expressed an intention to prioritize the enforcement of existing “alien registration” laws requiring all non-citizens to possess appropriate immigration status documentation and report changes of address.
Read MoreH-1B Visas are considered non-immigrant visas. This visa allows a U.S. employer to temporarily employ foreign workers in what are considered “specialty” occupations. These types of positions typically require theoretical and practical application of highly specialized knowledge and require an education level of a bachelor’s degree or higher.
Read MoreIn a much-anticipated development, the Biden Administration has announced plans to end the COVID-19 travel restrictions affecting foreign nationals traveling from Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, and the UK, sometime in November 2021. These travel restrictions have been in place since the beginning of the pandemic.
Read MorePresident Joseph Biden has issued a presidential proclamation prohibiting the entry of foreign nationals who have been physically present in India within 14 days of their travel to the United States. These new travel restrictions were prompted by the surging number of COVID cases in India.
The travel restrictions impacting India will take effect at 12:01 am EDT on May 4, 2021 and will remain in place until terminated by the President.
The Biden Administration has allowed the temporary work visa ban (Presidential Proclamation 10052) to expire on March 31, 2021 and will not extend it. While this is welcome news, individuals may still face challenges traveling to the U.S. due to other COVID-19 measures, including regional travel bans, consular service limitations and COVID-19 testing requirements.
Read MoreThe Department of Labor (DOL) has published a new regulation that substantially increases the prevailing wage levels used when filing H-1B and E-3 work visa applications and PERM labor certification applications. This new DOL rule is effective immediately.
However, since DOL circumvented the normal rulemaking process to roll out this new rule with very weak legal justifications for doing so, we expect this new rule will be challenged in court.w rule with very weak legal justifications for doing so, we expect this new rule will be challenged in court.
Read MoreThe Department of Homeland Security (“DHS”) has published a new rule that has the potential to significantly narrow the eligibility criteria for the H-1B work visa program. Unless it is blocked by litigation that is sure to follow shortly, the new rule will take effect in 60 days and it will apply to all H-1B petitions filed on or after the effective date, including new petitions, extensions, a request to change employers, and amendments.
Read MoreAs part of the year-end appropriations process, Congress passed legislation yesterday that will permanently expand the U.S. Citizenship and Immigration Services (USCIS) premium processing program, while also increasing program fees, and the legislation was signed into law by the president today.
Read MoreA Federal Judge in the Northern District of California has issued an injunction blocking Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) from implementing a new immigration application fee rule, which was scheduled to become effective on October 2, 2020.
Read MoreAfter much anticipation, the US Department of State has published the Visa Bulletin for October 2020, which showed advancement in most employment-based categories.
Surprisingly, USCIS followed with an announcement that it will be using the “Dates for Filing” chart for accepting employment-based adjustment of status application filings in the month of October. Typically, USCIS uses the “Final Action Dates” chart for accepting adjustment of status application filings.
Read MoreOn Friday, Sept. 4, 2020, the Department of Homeland Security (DHS) submitted a new H-1B rule to the Office of Management and Budget (OMB) to be reviewed. OMB review is the final step of the agency rulemaking process that must be completed prior to a new rule being published.
The actual text of the rule is not yet available, but based on a description of the rule previously included in the agency’s regulatory agenda, the new H-1B rule is expected to modify the definition of an H-1B specialty occupation, as well as the definition of employment and the employer-employee relationship for H-1B purposes. Additionally, it is anticipated the rule will also impose new H-1B wage requirements.
Read MoreLast week rumors of a second round of FY21 H-1B cap registration selections began circulating in the US immigration community. Ellis Porter is excited to report that these rumors have become reality and we started receiving new H-1B cap selection confirmations on Friday, August 14.
By way of background, by March 27, 2020, USCIS announced that it had received nearly 275,000 H-1B registrations for FY21 H-1B cap, and selected the first round of registrations. However, due to the COVID-19 pandemic, closure of borders, and several presidential proclamations, USCIS has received far fewer H-1B petitions than expected. As a result, USCIS will select additional registered cases.
Read MoreThe Department of Homeland Security has confirmed that the restrictions on nonessential land border travel between the US, Canada and Mexico have been extended to September 21, 2020.
Read MoreOn June 22, 2020, President Trump signed a Presidential Proclamation (P.P. 10052) which suspended the entry and issuance of nonimmigrant visas (NIV) for applicants applying an H-1B, H-2B, L-1, and certain J-1 visas.
The US Department of State (DOS) has now issued new guidance clarifying how applicants subject to the visa suspension may qualify for a National Interest Exception (NIE), specifically those applying for an H-1B or L-1 visa who will resume their work in the US in the same position, with the same employer, and visa classification.
Read MoreIn a move that many had anticipated for some time, President Trump signed a Presidential Proclamation on Monday, June 22, suspending the issuance of work visas in the H-1B, H-2B, J-1 and L visa categories based on the administration’s belief that doing so will avoid the risk of “displacing and disadvantaging United States workers during the current recovery.”
Read MoreThe restriction on non-essential travel between the US, Canada and Mexico has been extended indefinitely.
Read MoreAfter temporarily suspending its premium processing service on March 20, 2020, USCIS announced today that it will gradually reinstate premium processing service for certain I-129 and I-140 filings.
Read MorePrimary care physicians working at any healthcare facility with a HPSA score of 7 or higher can now qualify for a J-1 waiver under the HHS clinical waiver program. Previously, facilities had to be designated as Federally Qualified Health Centers (FQHCs) or Rural Health Centers (RHCs).
Read MoreIn response to COVID-19, USCIS issued a Policy Memorandum outlining temporary policy changes to provide some flexibility for J-1 waiver physicians regarding the full-time work requirements of J-1 waiver programs for doctors.
Read MoreU.S. Citizenship and Immigration Services (USCIS) has announced that it has extended temporary office closures and suspension of in-person services until June 4, 2020.
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