On his first day in office, President Joe Biden signed a memorandum fortifying the Deferred Action for Childhood Arrivals (DACA) policy. His administration also has granted Temporary Protected Status (TPS) to more individuals: those from Venezuela and Burma. Building on this, President Biden also proposed broad legislative immigration reform, including a path to citizenship for
Department of Labor
Immigration Reform Bill
The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration reform, including creating paths to citizenship for undocumented immigrants, expanding the number of available visas, and creating more access for…
USCIS Announces H-1B Lottery Process Unchanged
By Blake J. Burch & Maggie Murphy on
H-1B lottery deadlines are fast approaching, and two questions have been plaguing employers:
- When does the registration window open/close?
- Will the registration process be the same as last year?
With only weeks to go, USCIS has announced that this year’s electronic registration and lottery process will be the same as it was last year. This…
Prevailing Wage Rule Delayed 60 Days
By Maggie Murphy on
According to a draft scheduled for publication in the Federal Register on February 1, 2021, the Biden administration plans to delay the effective date of the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States rule (Prevailing Wage Rule) for 60 days while the Department of Labor (DOL)…
Labor Department Issues Another Minimum Wage Rule for High-Skilled Workers
Apparently undeterred by prior litigation striking it down, the Department of Labor (DOL) has published another rule in the Federal Register raising minimum wages for high-skilled workers. The “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” Rule (Wage Protection Rule) will go into effect on March 15,…
Judge Strikes Down Administration Rules Restricting Employers’ Use of Visas
On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B and PERM visa programs. In Chamber of Commerce of the United States v. United States Department of Homeland Security,…
WEBINAR: Navigating Immigration in the Life Sciences Industry
Posted in COVID-19, Department of Labor, Executive Orders, General, H-1B, Industry Specific, PERM, Travel (General), USCIS
Proposal to Prioritize H-1B Petitions with Highest Wage Levels
By Michael H. Neifach on
Having instituted a new on-line registration process for Cap H-1B petitions last year, on November 2, 2020, the Department of Homeland Security (DHS) issued a notice of proposed rulemaking to replace the random selection process with a process that prioritizes H-1B petitions with the highest wage levels.
DHS sees wage levels as a proxy for…
Department of State Proposes to End B-1 in Lieu of H-1B Visa
The B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level work that benefits the company abroad. Through the rulemaking process, the Department of State is proposing…
Suits Challenge New Rules on H-1B and PERM Labor Certification Programs
By Michael H. Neifach & Amy L. Peck 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 Department of Labor (DOL) on October 8, 2020.
Those rules, both issued as Interim Final rules and without the usual notice and…