DHS is publishing an H-1B lottery final rule that gives preference to individuals with higher wages

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...

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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...

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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...

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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...

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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...

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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...

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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....

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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...

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