Employment-Based Immigration

Employers filing H-1B petitions need to be aware of the 240- day rule as it applies to filing H-1B extensions, as this rule allows employees to continue to work beyond the expiration of their authorized stay. This rule is particularly important when an Employer is filing an H-1B extension either when premium processing is unavailable...

DOL is publishing its Prevailing Wage Rule on January 14, 2021.  This rule previously went into effect on October 8, 2020, without any notice and significantly increased the DOL wages.  For further details of this rule please refer to our previous article, published on October 9, 2020. https://patel-law-group.local/dols-interim-final-rule-implements-higher-prevailing-wage-rates/ After the above rule was published, we...

The Department of Homeland Security (DHS) is releasing a final rule changing the next lottery for H-1B specialty occupation visas from the current random selection process to one based on an individual’s wages. The final rule is to be published on 01/08/2021 and will be effective 60 days from the date of publication. Per USCIS...

USCIS recently updated its policy manual regarding the CSPA, to provide clarity on how it calculates a child’s age and the “sought to acquire requirement.” The CSPA provides age-out protection for children who are affected by the delay in adjudicating applications.  Because of the long processing times the CSPA can prevent a child aging out...

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...

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...