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.
Continue Reading H-1B, H-4, Fees on Latest Regulatory Agenda from DHS
Temporary (Non-immigrant) Work Visas
H-2B Visa Allotment Increased in Advance of Summer Season
By Jackson Lewis P.C. on
At the end of March 2019, the Trump Administration announced that it would release another 30,000 H-2B visas for seasonal employees for use through the end of September 2019. The annual allocation had been capped at 66,000 for the full year. In 2017 and 2018, the Administration increased the allocation by 15,000 visas. However,…
Trump Administration Targets Visa Overstays
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
…
Bill to Eliminate Per-Country Caps on Green Cards Re-Introduced
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…
Department of Homeland Security Fall 2018 Agenda Portends Big Changes for H-1B Visa, Other Programs
By Forrest G. Read IV on
Posted in Executive Orders, H-1B, H-2B, H-4, Temporary (Non-immigrant) Work Visas, Trump Administration, USCIS
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
…
USCIS Explains New Policy on Discretionary Application Denials
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:
- The new policy takes effect
…
State Department to Release New Visa Restrictions on Students from China
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…
Insights: How to Prepare for Rescission of H-4 Employment Program
By Otieno B. Ombok on
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…
Administration Pushes to Add Extreme Vetting to All Nonimmigrant Visa Applications
Proposed changes to Form DS-160 would include aspects of “extreme vetting” in all nonimmigrant visa applications. The public has until May 29, 2018, to submit comments to the Trump Administration proposal.
Visa applicants would be required to submit five years of social media handles on specific platforms and five years of phone numbers and email…
USCIS Introduces Onsite Training Restriction on Staffing Agencies Hiring OPT STEM Students
The 2016 STEM regulations made it more difficult for staffing agencies and consulting companies to sponsor graduating F-1 OPT employees for the two-year STEM OPT extension. According to the regulations, the training plan must be signed by the entity that has a bona fide employment relationship with the student and the bona fide employer must…