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H-1B visa

Aug 05, 2021

Poor U.S. Immigration Policies Push Indian Talent from U.S. to Canada

Outdated immigration policies in the United States are causing a dent in the highly intellectual labor market. The top brains, especially from the Indian sub-continent, are getting tired of the long waits for approval of employment-based permanent residence (green cards). Indian talent is looking for more permanent options in Canada. » Read More

May 27, 2021

Biden Administration Lifts Rule to Narrow H-1B Definition of “Specialty Occupation”

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.

On May 20, 2021, the United States Citizenship and Immigration Services (USCIS), issued a statement confirming that the DHS has removed the Interim Final Rule issued in October 2020, which has since been vacated by a federal district court. » Read More

May 21, 2021

Weekly Immigration Round-Up: Organizations Sue to Stop High Wage-Based Visa System; Biden Administration Drops Health Insurance Mandate for New Immigrants; White House to Admit Small Number of Vulnerable Immigrants into United States

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

Mar 26, 2021

Immigration Weekly Round-Up: Education Groups Seek Faster Student Visa Processing; U.S.-Canada Border Restrictions Extended; New H-1B Wage Rules Delayed

Higher Education Groups Plead for Government to Speed Up Student Visa Processing

Several education organizations, including the American Council on Education, have submitted a letter to the U.S. Departments of State and Homeland Security urging faster international student visa processing before the start of the fall 2021 semester. » 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

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

Jan 28, 2020

New Jersey Governor Phil Murphy Signs Law Allowing Children of H-1B Visa Workers Qualify for In-State Tuition Fees

On January 21, 2020, New Jersey Gov. Phil Murphy signed legislation allowing children of H-1B visa workers to qualify for in-state tuition, subject to certain conditions.

“New Jerseyans deserve equal access to higher education, and today we are taking another step toward making that possible,” said Gov.

» Read More