Concerns regarding the rescission of the H-4 EAD Rule have heightened in the wake of the publication of the Department of Homeland Security’s Spring 2019 Regulatory Agenda. In response, two California congresswomen, Representatives Anna Eshoo (D-Cal.) and Zoe Lofgren (D-Cal.), reintroduced a bill to protect those work authorizations – The H-4 Employment Protection Act. Both … Continue Reading
According to the Department of Homeland Security’s Spring 2019 Regulatory Agenda, changes to business immigration are on the way, particularly with regard to H-1B visas. It is unclear, however, when these rules will actually come to fruition. Strengthening the H-1B Nonimmigrant Visa Classification Program DHS wants to redefine what constitutes a “specialty occupation” and an appropriate … Continue Reading
President Donald Trump issued a Memorandum on April 22, 2019 aimed at reducing visa overstays – people who stay in the U.S. beyond the time authorized by their visas. Assertions set forth in the Memorandum include: For FY 2018, the Administration believes that there were 415,000 individuals in the U.S. who had overstayed on nonimmigrant … Continue Reading
DHS has made the first move to rescind the H-4 EAD Rule: sending the proposed rule to the Office of Management and Budget (OMB) for review. The H-4 EAD Rule provides work authorization for spouses of certain H-1B workers who are in the green card process. OMB review is the first step before publication in … Continue Reading
Prior to the government shutdown, it seemed that the Fairness for High-Skilled Immigrants Act might pass as an amendment to the spending package with strong bipartisan support. But that was not to be. Now members of the U.S. House and Senate, led by Representative Zoe Lofgren (D-CA) and Senator Kamala Harris (D-CA), have again introduced … Continue Reading
Canada has been having success in attracting more high-tech companies and employees from the United States. This trend began in 2008, when such companies in the U.S. could not obtain the number of H-1B visas they needed due to the limited number available. Microsoft opened a development office in Vancouver at that time. Since then, … Continue Reading
President Donald Trump surprised the immigration community recently with an encouraging tweet about H-1B visa holders: H-1B holders in the United States can rest assured that changes are soon coming which will bring both simplicity and certainty to your stay, including a potential path to citizenship. We want to encourage talented and highly skilled people … Continue Reading
The Court of Appeals for the D.C. Circuit has added Immigration Voice, a group that represents high-skilled foreign nationals, to defend the H-4 EAD Rule. Save Jobs USA v. United States Department of Homeland Security. The H-4 EAD Rule provides work authorization for spouses of certain H-1B workers who are in the green card process. … Continue Reading
The Department of Homeland Security’s latest Regulatory Agenda promises some big changes, especially for the H-1B visa program. Many of these changes have been proposed before, but have not yet made it to the rulemaking stage. Among what to expect are the following: USCIS is planning to release a notice of proposed rulemaking to create a … Continue Reading
While the Trump Administration is making it more difficult and less attractive for entrepreneurs to start their businesses in the United States (in the name of “Buy American and Hire American”), other countries are rolling out the welcome mat to entrepreneurs. In May 2018, the Administration proposed a rule to remove President Obama’s International Entrepreneur … Continue Reading
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 … Continue Reading
The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions to its proposal to eliminate H-4 EADs. In its Spring 2018 Regulatory Agenda, DHS announced the expected … Continue Reading
Following up on the U.S. Court of Appeals for the D.C. Circuit Order of February 21, 2018, DHS has requested still more time to review the H-4 EAD Rule. In a status report filed on February 28, 2018, just a week after the Court’s Order granting DHS’ request to continue to hold the case in … Continue Reading
The DOJ and the DHS have made clear on numerous occasions that they intend to rescind employment authorization documents (EADs) for H-4 visa status holders and it appears that rescission may be just around the corner. Family members of an H-1B worker are admitted in the H-4 category. According to DHS pleadings in the U.S. … Continue Reading
