The U.S. Department of Homeland Security (DHS) has formally removed the rule that would have redefined the H-1B specialty occupations. The rule was also set to restrict the off-site replacement of H-1B employees and increase employer compliance requirements.
Lawsuit Filed to Block H-1B Visa Wage Priority Rule
On Monday, multiple organizations filed an action in a Washington, D.C., federal court to block the implementation of a wage-based rule that would replace the H-1B visa lottery system – designated for high-skilled foreign workers – with a program that favored higher-paid positions. » Read More
The Biden administration announced that it will not strike the H-4 EAD (Employment Authorization Document) rule, which allows spouses of H-1B visa holders to work in the United States if they meet certain conditions. This is a great relief for almost 100,000 H-4 spouses. » Read More
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
An information technology (IT) consulting company that develops database and web-based applications, content management, and blockchain technology was fined $48,193 by the Department of Labor’s (DOL) Wage & Hour Division to settle allegations of H-1B Visa Program violations. » Read More
On Friday, I was honored to join a group of today’s business leaders and innovators at WeWork, who are shaping tomorrow, for a discussion on immigration. In a room nineteen floors above the rumbling of New York’s traffic with sushi in hand, two concerns quickly became central to our discussion: (1) the growing barrier of US businesses—small, mid, and large—to access to the global workforce; and (2) the foreign entrepreneur’s inability to enter –or even attempt to enter—as a start-up in or expansion to the US market. » Read More