Chris Prescott

The Trump administration has now issued a third rule, which radically alters the H-1B program. The first rule was a DOL rule, which significantly increased the wage levels.  See our earlier articles which discuss these changes: https://patel-law-group.local/dols-interim-final-rule-implements-higher-prevailing-wage-rates/ https://patel-law-group.local/it-companies-file-suit-against-dol-over-its-new-wage-rule/ The second rule was a DHS rule which changes the definition of H-1B specialty occupation, employer/employee relationship...

Foreign nationals no doubt breathed a sigh of relief at the news that Joe Biden had beat Donald Trump to become the next U.S. President.   However, what will change under a Biden Administration? Over the last 4 years the Trump administration has tried to do everything in its power (and often outside of its powers)...

Last month’s visa bulletin saw a surge in the priority dates for Indian Nationals and USCIS’ announcement that the filing date chart could be used was welcomed news.  This allowed many Indian Nationals to file an adjustment of status application (sometimes with an EB-3 downgrade) and apply for employment authorization and travel document. Today, the...

After the Department of Labor (DOL) significantly increased the wages for all H–1B workers it is not surprising that a Federal Lawsuit has already been filed.  ITServe Alliance along with several IT companies filed a lawsuit in the United States District Court in New Jersey on Friday, October 16, 2020, challenging the unlawfulness of the...

As many of you are already aware, the delayed October 2020 visa bulletin is finally out and it is good news.  This fiscal year, there are 261,500 employment-based visas, compared to the usual allotted 140,000.  This is as a direct result of an infusion of the unused family-based numbers from FY2020.  USCIS has also confirmed...

As many of you are well aware, USCIS processing times seem to be getting longer and longer for a variety of cases.  A potential way around these long processing times is to submit an expedite request. To qualify for an expedite, you must meet one of the following criteria: Severe financial loss to a company...

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