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Earlier today, USCIS announced it is implementing the registration process in the next H-1B lottery. H-1B employers have been awaiting confirmation of and details regarding the new registration process for H-1B cap-subject petitions.

Every “cap season,” employers prepare and file petitions subject to the annual H-1B cap in early April. Beneficiaries of petitions selected in…

According to the DHS Fall Regulatory Agenda, the Administration is planning further restrictions to immigration regulations that, if enacted, will affect employers.

Over the past few years, DHS has changed the way it reviews H and L visa petitions from employers, which has resulted in significant increases in Requests for Evidence (RFEs) and denials.…

Temporary protected status (TPS) for El Salvadorans in the U.S. has been extended through January 4, 2021, under an agreement with El Salvador, the Department of Homeland Security announced on October 28, 2019. There are 250,000 El Salvadorans in the U.S. with work permits on TPS.

The agreement provides that the two countries will cooperate…

The Visa Bulletin, published every month by the Department of State (DOS), is the key to the Green Card process. The Department of State is charged with allocating the statutory 140,000 employment-based immigrant visas each year. The Bulletin announces when an applicant can file for the coveted Green Card. A foreign national cannot file an…

Despite litigation that enjoined USCIS from proceeding with the implementation of the Public Charge Rule, Department of State (DOS) seemed ready to proceed with it at Consulates abroad.

But, as of this week, DOS is no longer “fast-tracking” the Public Charge Rule. It withdrew its request for emergency review of its new public charge form,…

U.S. District Court Judge George S. Daniels of the Southern District of New York enjoined the Trump Administration’s new Public Charge Rule scheduled to go into effect on October 15, 2019. The new Rule has been the subject of much controversy and would have made it more difficult for foreign nationals to obtain green cards…

Since 2017, USCIS under the Trump Administration has essentially directed its adjudicators to find ways to deny H-1B petitions. The most recent statistics on Requests for Evidence (RFEs) and denials certainly support this, but evidence has been made available for analysis.

Through a FOIA request, instructional documents for USCIS adjudicators issued after President Donald Trump’s…

The Trump Administration has indicated it wants to establish a merit-based immigration system focusing on bringing more high-skilled workers to the United States. According to one Administration official, the aim is to attract “individuals who provide a cure for cancer or build that first subdivision on Mars.” Yet, it is becoming harder to obtain visas…