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House Bill to Add Obligations for Employers Dependent on H-1B Visas Moves Forward

A bi-partisan House panel has approved the “Protect and Grow American Jobs Act,” a bill that would change eligibility requirements for exemption from the standard Labor Condition Application (LCA) requirement for H-1B-dependent employers. This is the first step in making it to the floor of Congress for a vote. Employers who depend on the H-1B … Continue Reading

Mandatory E-Verify under Consideration in Congress

Every employer in the United States would be required to use E-Verify to determine whether employees are authorized to work if “The Legal Workforce Act of 2017” (LWA) is passed. Supported by President Donald Trump and introduced by Representatives Lamar Smith (R-Tex.) and Ken Calvert (R-Cal.) to “turn off the jobs and benefits magnet” that … Continue Reading

New California Laws Provide Protections to Immigrant Employees

On October 5, 2017, California Governor Jerry Brown signed 11 bills essentially making California a sanctuary state.  The California Values Act (SB 54) aims to protect undocumented immigrants living in California.  Brown stated that “this bill strikes a balance that will protect public safety while bringing a measure of comfort to those families who are … Continue Reading

Bills in Congress Would Give Undocumented Children Path to Citizenship

Introduced by Senators Thom Tillis (R-N.C.) and James Lankford (R-Okla.), the “Solution for Undocumented Children through Careers Employment Education and Defending Our Nation” (SUCCEED) Act would provide undocumented children with the opportunity to earn and keep legal status. SUCCEED provides a 15-year path to citizenship. To be eligible under SUCCEED, an individual must: Have arrived … Continue Reading

Trump Announces Support for Senate Bill Curbing Legal Immigration

President Donald Trump has announced his support for a reduction in legal immigration to the United States, backing a modified version of the bill first introduced in April by Senators Tom Cotton (R-AR) and David Perdue (R-GA). Trump on August 2 said he embraced a new “merit-based” immigration system, which he contends will benefit American … Continue Reading

Future of Deferred Action Program Uncertain as Attorneys General Group Warns of Possible Court Case

The Texas Attorney General, along with counterparts in nine other states (the group that successfully challenged the Deferred Action for Parents of Americans and Lawful Permanent Residents program, DAPA), has sent a letter to Attorney General Jeff Sessions asking the Administration to rescind the Deferred Action for Childhood Arrivals program (DACA). Created by President Barack … Continue Reading

DOL, USCIS Continue Focus on H-1B Visa Abuse

With his “Buy American, Hire American” Executive Order, President Donald Trump officially announced his intention to reform the H-1B visa program and the DOL and the USCIS are taking steps accordingly. In April, the DOL announced it would be investigating violations of the H-1B visa program, “cautioning employers who petition for H-1B visas not to … Continue Reading

Spending Bill Would Fund Government E-Verify, Certain Visa Programs through End of Fiscal Year

Back in December, President Barack Obama signed a stop-gap spending bill to keep the government running through April 28, 2017.  Immigration programs that were extended at that time included the Conrad 30 Waiver, the Non-Minister Religious Worker Visa, the EB-5 Regional Center, and E-Verify. After weeks of tension, uncertainty and an interim agreement, it seems … Continue Reading

What Happens IF There is a Government Shutdown?

If Congress cannot pass a funding bill by April 27, 2017, only “essential” government workers will continue to work as of May 1 and immigration processes will be affected. Department of Labor: H Petitions and PERMs DOL workers are not classified as “essential” workers: iCERT visa portal system will be inaccessible; Labor Condition Applications (LCAs) … Continue Reading

Pending: Bipartisan Legislation to Extend the Conrad 30 Program for J-1 Waiver Physicians

When President Donald Trump issued his “Travel Ban,” there were fears that the physician shortage in the U.S. would be exacerbated.  It has been reported that there is currently a deficit of 8,200 primary care physicians that will balloon to 94,700 by 2025 as the population ages.  For many years, many foreign physicians from Muslim-majority … Continue Reading

Court Ruling on DHS STEM OPT Extension Rule Expected Soon

A motion to dismiss a lawsuit challenging the U.S. Department of Homeland Security’s new rule governing the Science, Technology, Engineering, and Math (STEM) Optional Practical Training (OPT) program has been granted in part and denied in part. Washington Alliance of Technology Workers v. DHS, No. 1:16-cv-01170-RBW (D.D.C. Mar. 30, 2017). Judge Reggie B. Walton issued … Continue Reading

Push to Protect American Jobs: Round-up on Proposed Reforms to H-1B, L-1 Visas

Reforming the H-1B program “is an issue we are closely and carefully looking at,” Donald Trump had said during the campaign. This sentiment is shared by Congress, as evidenced by the slew of legislation proposed across both sides of the aisle. Senator Dick Durbin (D. Ill.) first introduced a bill in 2007 to cure what … Continue Reading
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