The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and 2019 to determine if U.S. job opportunities or the economy have been adversely affected by the use of temporary foreign workers
National Interest Exemptions to Visa Restrictions
The Department of State (DOS) has provided more details to the Consulates on the national interest exemption under President Donald Trump’s June 22, 2020, executive order.
The “Presidential Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” bars holders of certain visas from entering the U.S.…
Update: USCIS Selects Additional H-1B Cap Registrations for FY 2021 Cap
There have been rumors floating that USCIS might be selecting more H-1B cap registrations for the FY 2021 cap. Those rumors appear to be true. As of August 14, 2020, registrants have received emails with notifications of further selections. A USCIS spokesperson said, “that full visa petitions for those selected in the second round…
New Filing Fees Effective October 2
New USCIS filing fees will go into effect on October 2, 2020, under a new final rule published by the Department of Homeland Security (DHS) in the Federal Register on August 3, 2020. This rule raises fees by a weighted average of 20% and changes the current fee structure to impose specific fees per…
H-1B Update: Administration to Increase Scrutiny, Investigations
Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas.
Without Congressional oversight or legislative changes, the Trump Administration has changed the policies for H-1Bs, resulting in the highest denial rate in history of this legal immigration program. During the ongoing COVID-19 pandemic national emergency,…
USCIS Postpones Furloughs
USCIS confirmed that its planned furlough of 70% of its workforce (13,400 employees) will be postponed at least until the end of August. The ostensible reason for the furlough was a budget shortfall, even though USCIS is a fee-based service that historically has covered costs.
The furlough announcement, when coupled with the anti-immigration agenda from…
White House Issues Amendment to Presidential Proclamation on Suspension of New Work Visas
The White House has issued an amendment to the June 22, 2020, Presidential “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” to clarify an issue regarding those who are outside the scope of the Proclamation.
According to the amendment, not all those…
New Work Visas Suspended Under Presidential Proclamation Until End of 2020
The day before his previous Proclamation on immigrant visas was to expire, President Donald Trump signed the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” to extend his previous immigrant visa restrictions and suspend issuance of certain nonimmigrant, temporary work visas until at
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Administration Planning Additional Restrictions on Non-Immigrant Visas?
Additional restrictions on entry into the U.S. may be expected soon. Initial indications are that the Administration is considering barring H-1B, H-2B, L-1, and J-1 status among other non-immigrant visa categories.
On April 22, 2020, President Donald Trump issued the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the…
USCIS Settles H-1B Cases Over Policies, Will Withdraw Onerous Guidance
USCIS has entered into a broad settlement agreement that requires it to withdraw certain H-1B policies.
H-1B denials have skyrocketed since 2017, especially following enactment of the “Buy American, Hire American” Executive Order. In February 2018, USCIS issued further guidance specifically placing additional onerous documentation requirements for H-1B employees working at client sites, disproportionately…