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...
H-1B Information
On October 8, 2020, the Department of Labor (DOL) has issued an interim final rule (IFR) to incorporate changes to the computation of prevailing wage levels. The wage adjustments will affect the processing of H-1B, H-1B1, and E-3 temporary work visas, as well as the permanent labor certification program (PERM) applications. The IFR is effective...
Oct82020
On October 1, 2020, Congress passed a new Bill (Emergency Stopgap USCIS Stabilization Act was included in Division D, Title I of the Continuing Appropriations Act, 2021 and Other Extensions Act) increasing USCIS Premium Processing Fees from $1,440.00 to $2,500.00 for most cases. The good news is that the Bill also expands the immigration petitions...
The Department of Homeland Security (DHS) has published the New H-1B regulation. This appears to be in the effort to restrict legal immigration that has enhanced the American economy for centuries. The rule is an interim final rule (IFR), it is therefore vulnerable to legal challenges in federal court. See article DHS is Taking Final...
The current administration is now taking a big step in its agenda to restrict immigration. The Department of Homeland Security (DHS) is taking the final steps for the publication of new H-1B regulation. It is going to be the first time that this administration’s restrictions on H-1B visas will be officially published under a rule....
Department of Homeland Security (DOL) and Department of Labor (DOL) to join forces to investigate H-1B violations On June 22 President Trump issued a proclamation suspending entry of non-immigrants into the U.S., namely those seeking to enter on an H-1B, H-2B, H-4, J or L visa. This proclamation also required the Secretary of Labor and...
The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) will be joining forces to investigate suspected cases of fraud of the H-1B specialty occupation visa program (H-1B program). The two federal departments have entered into an agreement under which DHS will share data and records on H-1B petitions in the...
Having had a week to reflect on the proclamation I felt that it was necessary to write a second article about the potential implications and to answer some of the common questions that clients have been asking us about the proclamation. My first article focused on the proclamation’s immediate impact on non-immigrant workers. For details...