Trump has one foot out of the door, but that doesn’t mean that he is done with issuing unlawful and discriminatory Immigration policies. In April and June of last year, Trump issued two Presidential Proclamations suspending the entry of certain immigrants and non-immigrants into the US. The second Proclamation extended the suspension through Dec 31,...
Immigration Blog
Dec142020
Well, I don’t think anyone saw 2020 coming. It was a turbulent year, what with the raging pandemic and the countless restrictive immigration measures enacted by the Trump administration. In fact, for the Immigration Community, the last 4 years have been some of the most challenging that we have ever seen as the President did...
Two federal courts have struck down two government rules designed to reduce the number of visas issued to skilled foreign workers. It is anticipated that a third federal court will follow the same path. The two government rules (one from the Department of Labor and the other from the Department of Homeland security) impose salary...
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 Department of Homeland Security (hereafter “DHS” or its agency “USCIS”) proposes significant revisions to the regulations governing the Affidavit of Support (I-864). These proposed revisions published on October 1, 2020, are set to take effect within 30 to 60 days from their publication. What is the Affidavit of Support? The affidavit of support, Form...
On October 8, 2020, the Department of Labor (DOL) published an interim final rule on prevailing wages drastically increasing the four DOL wage tiers of the Occupational Employment Statistics (OES) wage survey for H-1B, H-1B1, and E-3 temporary work visas, as well as permanent labor certification (PERM) applications. See our article on this here. With...
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)...