In the wake of the lowest number of H-1B visa petitions filed in five years (199,000), President Donald Trump has signed an Executive Order dubbed “Buy American, Hire American.” It is focused on reform of the H-1B non-immigration visa program, as well as the elimination of waivers and exceptions that are central to international trade
Temporary (Non-immigrant) Work Visas
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…
Push to Protect American Jobs: Round-up on Proposed Reforms to H-1B, L-1 Visas
By Nadine T. Trinh on
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…
H-2B Visas Crisis
By Jessica Feinstein on
Posted in Legislation, Temporary (Non-immigrant) Work Visas
The H-2B visa program is used extensively in tourist locations to hire foreign workers for “the season” to do temporary nonagricultural work. There are 66,000 H-2B visas available annually – half for the summer season and half for the winter season. An exemption from the cap for “returning workers” was not renewed for fiscal year…
The H-1B Cap Has Been Met!
By Forrest G. Read IV on
Posted in Temporary (Non-immigrant) Work Visas
Although it is not a surprise, the USCIS announced on April 7th that it reached the H-1B cap for fiscal year 2018 – both the regular cap and “Master’s” cap. As usual, the USCIS will reject and return filing fees for all unselected cap-subject petitions – unless any of those petitions are duplicate filings.
We…
Federal Government Targets H-1B Visa Fraud by Employers with Focus on Outsourcing
In line with its focus on compliance and enforcement of existing laws, the Trump Administration has announced measures to “deter and detect H-1B visa fraud and abuse” and to protect American workers just as thousands of H-1B visa petitions are inundating USCIS Service Centers on April 3 (the beginning of the H-1B season for FY…
State Department Orders ‘Extreme Vetting’
By Amy L. Peck on
State Department Secretary Rex Tillerson has directed all consular chiefs to determine which populations of visa applicants should be subject to additional “extreme” vetting. The March 15 direction is in response to President Donald Trump’s March 6 “Travel Ban” Executive Order and Presidential Memorandum on “extreme vetting.” The Memo directed the U.S. Attorney General…
Courts Hold Hearings on Administration’s Travel Ban
By Michael H. Neifach on
President Donald Trump’s revised Executive Order with its revised travel ban is scheduled to become effective just after midnight on March 16. While the revised Order regarding the travel ban is a bit of a retreat from the original, states have wasted no time trying to block the Order and hearings in two of these…
Gear Up for H-1B, L-1 Reforms
By Otieno B. Ombok on
Aiming to reform and reduce fraud and abuse in the H-1B and L-1 visa programs, bipartisan bills have been introduced in both Houses of the Congress. Outsourcers are the top users of H-1B visas. These companies are known to flood the H-1B visa lottery and make it more difficult for other companies to obtain the…
Trump Administration Immigration Actions’ Disproportionate Impact on Certain Industries
By Jackson Lewis P.C. on
The food, construction, and healthcare sectors are concerned about fallout from the crackdown on immigration called for in Secretary John Kelly’s Implementation Memos, President Donald Trump’s travel ban, and possible new legislation aimed at reducing overall immigration by 50% within 10 years.
Those sectors suffer from labor shortages already and have relied on immigrants…