Insight, News, and Strategy on Immigration Matters Around the World
The uncertainty regarding the rescission of the H-4 EAD Rule continues to drag on and the plaintiffs in Save Jobs USA v. United States Department of Homeland Security are getting tired of waiting.
Save Jobs, a group of technology workers who claim to have been displaced by foreign nationals, initially challenged the H-4 EAD Rule…
Beginning September 11, 2018, USCIS immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
On September 6, 2018, the Ombudsman’s Office provided further details on the new policy change. The following was noted:
…
On October 1, 2018 the premium processing fee for all Forms I-129 (Non-Immigrant Worker) and Forms I-140 (Immigrant Petition for Alien Worker) will be raised from $1,225 to $1,410. USCIS announced this almost 15% increase on August 31, 2018.
According to USCIS, this is the first adjustment in premium processing fees since 2010. The agency…
While the hope was that the temporary suspension of premium processing for cap-subject H-1B petitions would end on September 11, 2018, USCIS announced on August 28, 2018, that the suspension will continue and be expanded to include other H-1B petitions.
As of September 11, 2018, the suspension will apply to the following H-1B petitions:
…
The Trump Administration is continuing its assault on outsourcing and staffing firms. The latest Administration focus is on the STEM OPT program.
In April 2018, without notice, USCIS made certain changes to its website. It declared, among other things, that a STEM OPT employer “may not assign, or otherwise delegate, its training responsibilities to…
Now that the U.S. Supreme Court has upheld President Donald Trump’s Travel Ban in Trump v. Hawaii, it is important to think about some of the consequences the ban will have on various industries that rely on employing individuals from the affected countries: Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Healthcare is…
The U.S. Department of Labor (DOL) has released proposed changes to ETA Form-9035, Labor Condition Application for Nonimmigrant Workers (LCA), that would require more details about the end-user clients and potential worksites specific to the placement of H-1B workers.
Current practice requires employers to list the addresses for all intended worksites. The proposed change…
The Trump Administration’s targeting of outsourcing and staffing firms that use H-1B non-immigrant visas has been a hot topic over the past year and promises to be an area of continued focus in the near future. Please see our full publication on that topic here.
New restrictions on visas for citizens of China are expected as soon as June 11, 2018, according to the Associated Press. These restrictions, the report states, would target students in high-tech fields such as robotics and aviation.
The changes would be part of the Trump Administration’s national security strategy to protect American’s intellectual property and…
USCIS has exceeded its authority in issuing additional requirements on H-1B petitions involving third-party worksites, a suit filed in New Jersey seeking a temporary restraining order alleges.
Just before the 2019 H-1B filing deadline, USCIS issued a memorandum clarifying that petitioners who send employees to third-party worksites must provide significantly more evidence to show that…
