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Oct 30, 2020

Lawsuit Filed on the New H-1B Wage Rule

A lawsuit has been filed against the new Department of Labor (DOL) H-1B wage rule, seeking a preliminary and permanent injunction. Many analysts, such as the National Foundation for American Policy and economic researchers, believe that the new H-1B wage rule acts as a deterrent to H-1B employers by significantly raising the minimum wage required to employ foreign workers. » Read More

Oct 23, 2020

ICE Arrests International Students Across the United States in Operation OPTical Illusion

United States Immigration and Customs Enforcement (ICE) has announced the arrests of 15 nonimmigrant students through Operation OPTical Illusion. The students, who claimed to be employed by companies that don’t exist, who were found to have allegedly participated in work visa fraud to extend their stay in the United States. » Read More

Oct 12, 2020

Major Overhaul of H-1B Program Announced

Announced by the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced major changes that will make it significantly tougher for employers to sponsor H-1B visas for qualified aliens. The changes require employers to pay significantly higher wages, narrow the types of degrees that can qualify an applicant, and shorten the length of visas for certain workers. » Read More

Aug 14, 2020

DOL and USCIS to Investigate H-1B Employer Violations

On July 31, 2020, a Memorandum of Agreement (MOA) was signed by the Department of Homeland Security (DHS), acting through the United States Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL). Under the MOA, the departments will provide access and share information about immigrant and nonimmigrant petition records and the data contained within the Office of Foreign Labor Certification and Labor Condition Application databases. » Read More

Aug 10, 2020

Significant Fee Rise in Immigration Forms Affects Businesses and Immigrants

On July 31, 2020, the United States Citizenship and Immigration Services (USCIS) published a final rule with a significant rise in its fee schedule, affecting both individual immigrants and businesses. The new schedule has added new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms. » Read More

Jun 24, 2020

Arbitrary H-1B Nonimmigrant Visa Denials Have Employers Thinking Federal Litigation Rather Than Administrative Review

U.S. Citizenship and Immigration Services (USCIS) data between 2015 and 2019 show that denials of the H-1B Specialty Occupation Nonimmigrant Visa Petitions have quadrupled for both initial H-1B petitions and those seeking the continuation of employment with the same employer.

According to immigration policy analysts, including the National Foundation for American Policy (NFAP), this is a result of more restrictive Trump administration policies, specifically the 2017 “Buy American and Hire American” executive order. » Read More

Jun 01, 2020

Bar on Certain F and J International Students Effective Noon Today

At noon today, June 1, 2020, a ban on the entry into the United States of certain citizens and nationals of China took effect in accordance with a Proclamation President Trump signed on Friday, May 29, 2020. The Proclamation prevents certain Chinese nationals associated with entities in China that implement or support China’s “military-civil fusion strategy” from using entering the United States under the F or J nonimmigrant visas. » Read More

Apr 23, 2020

President Trump Bans Certain Immigrant Green Cards for 60 Days

As promised, last night, President Donald Trump signed an Executive Order that limits the ability of certain future immigrant visa applicants to enter the United States as lawful permanent residents, as a result of the COVID-19 pandemic.

The President’s Executive Order, the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. » Read More

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