News Updates

DOL Re-issues Rule Changing Calculation of Prevailing Wage Levels for H-1B, H-1B1, E-3 and PERM applications

23:11 12 January in News Updates by Larrabee

Today the U.S. Department of Labor published an advance copy of a Prevailing Wage Rule titled, "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States." The rule again proposes amending regulations governing prevailing wage calculations for permanent labor certifications (for the green card process) and Labor Condition Applications (applicable to H-1B, H-1B1 and E-3 nonimmigrant worker petitions). When will it be effective, if at all? The rule is expected to be republished as a final rule on Thursday, January 14, 2021 and take effect 60 days from the date of publication. However, the effective date...

WEEKLY IMMIGRATION UPDATE 1.12.2021

21:25 12 January in News Updates by Larrabee

WEEKLY IMMIGRATION UPDATE - January 12, 2021 BREAKING NEWS Acting DHS Chief Chad Wolf Resigns - U.S. Department of Homeland Security Acting Secretary Chad Wolf resigned Monday following several federal court decisions finding that he was not lawfully appointed to the post. He will be replaced by Pete T. Gaynor, head of the Federal Emergency Management Agency. USCIS Issues Final Rule Prioritizing Higher Wages in H-1B Cap Selection Process - USCIS published a final rule prioritizing the selection of new H-1B petitions in 2021 based on proffered wages. USCIS Announces Delays in Issuing Receipt Notices Filed at Lockbox Facilities - USCIS announced delays of four to six...

FY2022 H-1B CAP FILINGS

22:35 08 January in News Updates by Larrabee

The filing window for registration to seek an FY2022 (10/1/2021 to 9/30/2022) H-1B cap-subject or quota number will likely open in March 2021. The earliest start date of employment for approved petitions will be October 1, 2021. How will the process change this year? USCIS is again changing the way H-1B cap-subject petitions are selected in the event demand exceeds quota limitations. In 2019 and prior years, a fully completed petition was required for consideration in the random selection process that took place the first week in April of each year. In 2020, the process changed so that candidates eligible for an H-1B submitted a...

DHS Publishes Final Rule to Replace H-1B Cap Random Selection Process with Wage-Based Selection Process

22:24 08 January in News Updates by Larrabee

Today USCIS published a Final Rule amending regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for filing of H-1B cap-subject petitions. When will the Rule take effect? Unless there is an injunction, the rule is slated to take effect in 60 days, on March 9, 2021, in time to apply to the upcoming FY2022 H-1B selection process. It is possible that litigation will result in an injunction prior to that date. Despite receiving almost 1500 comments in response to the proposed rule issued in November, there are no changes in the final rule. This raises...

WEEKLY IMMIGRATION UPDATE 1.06.2021

22:05 08 January in News Updates by Larrabee

HEADLINES: January 6, 2021 Trump Extends Through March Bans on Foreign Workers Previously Set to Expire December 31, 2020; Extends Memo on Visa Sanctions- President Trump signed a proclamation extending earlier proclamations suspending the entry of certain immigrant and nonimmigrant visa applicants through March 31, 2021. He also extended a separate memo on visa sanctions for certain countries related to the coronavirus pandemic. State Dept. Extends Interview Waiver Eligibility Criteria Through March 31, 2021- The Department of State, in consultation with the Department of Homeland Security, has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals...

Holiday Travel Information During COVID-19 (Date: 12/08/2020)

06:26 06 January in News Updates by Larrabee

Below are resources for those considering travel during the holidays. Due to CDC guidelines, state and local government stay-at-home orders, and unpredictable immigration policies/travel bans, non-essential domestic and international travel is discouraged at this time. Should international travel needs arise, please contact your LAC attorney to schedule a consultation to discuss the options and potential risks. Please refer to the below resources for COVID-related restrictions on international travel and visa issuance. Centers for Disease Control Travel Information Travel ban restricting entry to the US for certain travelers who have been present in the Schengen Region for the 14 days before admission. Exemptions...

WEEKLY IMMIGRATION UPDATE 12.21.2020

06:47 21 December in News Updates by Larrabee

HEADLINES: December 21, 2020 Ninth Circuit Rejects USCIS Basis for Denial of H-1B Classification for Computer Programmer as 'Specialty Occupation'- The Ninth Circuit ruled that USCIS's denial of H-1B classification for a computer programmer on the basis that it was not a "specialty occupation" was arbitrary and capricious, and remanded the case. USCIS Update Regarding Delays in Issuance of Receipt Notices at Lockboxes - The agency announced significant delays in issuing receipt notices. Cato Institute Proposes 30 Deregulatory Actions for Biden Administration - The Cato Institute recommended 30 deregulatory actions for the Biden administration to consider, to...

WEEKLY IMMIGRATION UPDATE 12.15.2020

06:44 15 December in News Updates by Larrabee

HEADLINES: December 15, 2020 USCIS Issues DACA Guidance Under Court Order- Following litigation related to DACA that resulted in a U.S. district court order, USCIS released guidance effective December 7, 2020. TPS 'Document Validity' Extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan - DHS is automatically extending the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through October 4, 2021. No Change in Spring 2021 Guidance for International Students- Nonimmigrant students should continue to abide by SEVP guidance issued in March 2020, a SEVP...

WEEKLY IMMIGRATION UPDATE 12.07.2020

06:40 07 December in News Updates by Larrabee

HEADLINES: December 7, 2020 U.S. District Court Vacates H-1B Interim Final Rules - A U.S. district court vacated two interim final rules promulgated by DOL and DHS that made significant changes to the H-1B program. Justice Dept. Sues Facebook for Discriminating Against U.S. Workers- The lawsuit alleges that Facebook refused to recruit, consider, or hire qualified and available U.S. workers for more than 2,600 positions. Instead, the lawsuit alleges, Facebook reserved those positions for foreign national employees. However, a review of the allegations by independent immigration attorneys indicates that Facebook followed regulations set forth by the DOL. U.S. District Court Orders DHS...

WEEKLY IMMIGRATION UPDATE 11.24.2020

06:36 24 November in News Updates by Larrabee

HEADLINES: November 24, 2020 DHS Extends Form I-9 Requirement Flexibility - DHS and ICE announced an extension until December 31, 2020, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to ongoing precautions related to the COVID-19 pandemic. USCIS Reaches H-2B Cap for First Half of Fiscal Year 2021 - November 16, 2020, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2021. USCIS will reject new cap-subject H-2B petitions received after November 16 that request an employment start date before April 1,...