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

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

Only five days after the United States Citizenship & Immigration Services (USCIS) opened the 2020 H-1B petition season, the agency announced on Friday that it had already received enough petitions to reach the 65,000 H-1B regular cap visas that Congress issues each fiscal year.  » Read More

Yesterday, United States Citizenship & Immigration Services (USCIS) announced it immediately resumed premium processing for all H-1B petitions, following a halt on the service for several months to allow USCIS to bring current applications that were then pending for extended durations. » Read More

Starting April 1, 2019, United States Citizenship & Immigration Services (USCIS) will accept new H-1B Quota-Based Visa Petitions for the 2020 Fiscal Year, for an employment start date of October 1, 2019.

USCIS’ regular H-1B visa cap limits annual H-1B approvals to 65,000 visas, with an additional 20,000 H1-B visas for individuals who earned a master’s degree or higher from a U.S. » Read More

Raymond G. Lahoud, a Member of law firm Norris McLaughlin, P.A., and Chair of its Immigration Law Practice, was recently interviewed by New Jersey Business, a publication of the New Jersey Business & Industry Association.  The resulting article, “Immigration Law Issues: Strict enforcement of immigration law is impacting New Jersey employers,” discusses how New Jersey businesses are affected by current issues in immigration law, affected businesses within New Jersey, such as the importance of the I-9, Employment Eligibility Verification  Form; the H-1B Work Visa; Deferred Action for Childhood Arrivals (DACA); Temporary Protected Status (TPS); discrimination in the workplace; and the impact on higher education. » Read More

Proposed Budget Leaves Much Unanswered on Immigration

Congress released a proposed omnibus budget on Wednesday that addresses certain immigration issues but leaves many of the most important issues unaddressed.

What the Bill Does: In a compromise, the bill adds funding for an additional 328 Customs and Border Patrol Officers for border security, but at the same time, requires Immigration and Customs Enforcement (ICE) to reduce the number of immigrants in detention facilities.  » Read More

For the 5th consecutive year, the cap was reached in the first week for the H-1B visa, which is the prototypical visa for educated employees wishing to come to the U.S. to work in specialized jobs. In other words, there are 85,000 H-1B visas allowed each year, and the number of applications exceeded that amount in 5 days.   » Read More

More companies are using the H-1B visa to hire and retain foreign workers. It allows workers to maintain their permanent residence outside the United States while continuing employment here. However, H-1B visas are capped at 65,000 per fiscal year, which makes them very competitive and difficult to secure. » Read More