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 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

In a surprise announcement, District Judge Allison D. Burroughs, U.S. District Court for the District of Massachusetts, announced a reversal of the government decision that was announced just last week regarding students in F-1 or M-1 nonimmigrant status. Foreign students will now be able to enter the United States and remain even if they are

Foreign nationals with approved permanent residence applications but no actual permanent resident card (known as Green Cards) are not the only ones dealing with the printing back-up at USCIS. After deciding to bring the printing of Green Cards and all other employment authorization documents in-house, USCIS is not able to keep up with the

The reported failure of USCIS to renew its contract with an outside vendor in June, because it planned to bring all printing of Green Cards in-house, may be the reason foreign nationals who have managed to make it through the arduous permanent residency process are not receiving their “Green Cards.”

USCIS has wide-ranging budget issues

Immigration and Customs Enforcement (ICE) continues to push forward a proposed rule that would set a maximum period of authorized stay for students. Although the details of the rule are unknown, the draft reportedly has been sent to the federal budget office for review. This is generally the last step before a new rule

Reportedly, USCIS will soon announce the temporary furlough of the majority of its employees – 15,000 employees, or three-fourths of its workforce.

The furloughs will begin in August 2020 if the agency does not receive additional fiscal support.

While being called temporary, the head of the American Federation of Government Employees is concerned the reduction-in-force

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

Premium processing will resume in stages according to USCIS. Cap-subject H-1B petitions will be included only in the last phase.

June 1, 2020: USCIS will accept requests for premium processing for all eligible Form I-140 Immigrant Visa Petitions.  EB1-C Multi-National Manager or Executive and EB2 National Interest Waiver petitions are not eligible for premium