New Administration Halts Implementation of Pending Regulations, Withdraws Travel Ban

The incoming administration has issued an order halting the implementation of all proposed rules that are not yet final for 60 days (so until March 20, 2021). This includes the DOL wage change rules as well as the USCIS changes to the H-1B process (see a description of these rule changes here). Hopefully, the rule

USCIS and DOL re-issue new H-1B selection process and new Prevailing Wage calculations as Final Rules

Executive Orders relating to Limiting the entry of Immigrants and Non-immigrants Extended through March 31, 2021

Yesterday, on the last day that the executive orders limiting the entry of Immigrants and Non-immigrants were in force, the President extended both orders through March 31, 2021. The orders limited US Consulates and Embassies’ ability to issue immigrant visas and certain non-immigrant visas, including H-1Bs, some J-1s, and other visa types (See this article

F-1 Students – Be Careful.

New USCIS H-1B Regulation Changing the H-1B Registration Policy

Recently USCIS issued a new proposed regulation seeking to change how the H-1B registration and selection process is carried out for H-1B Cap Cases. Currently, USCIS accepts registrations through a certain date and performs a random selection process to determine which applications will be selected and not accepted. The proposed regulation would change this selection

Big Win: Court Overturns latest USCIS and DOL rules regarding H-1Bs

Recently both the DOL and USCIS adopted new rules regarding H-1bs. We reported on them here. Just this week a US District Court in California found that USCIS and DOL violated the Administrative Procedures Act in promulgating these rules without allowing time for the public to comment on the rules before they went into effect.

Citizenship Backlogs at USCIS

Many of you may be wondering why it is taking so long to get your Citizenship approved.  Many people who filed a year ago, or more, were not naturalized prior to this year’s election, so were unable to vote.  What happened?  If you thought it was due to the Covid pandemic, you are only partially correct. In 2016,

New H-1B and Prevailing Wage Regulations

As you may know, USCIS implemented new regulations on the H-1B process, and the DOL implemented new regulations on the Prevailing Wage process. While there is at least one Court Case pending seeking an injunction on both of these regulations, it is still worthwhile going through the major changed made by both these regulations Prevailing

BREAKING: District Court Enjoins USCIS New Fee Rule

USCIS New Public Charge Rule and I-944 Form Back in Force

On September 11, 2020, the Second Circuit Court of Appeals limited the scope of the preliminary injunction on the USCIS new public charge rule issued by the New York State District Court. The Court of Appeals changed the injunction from nationwide to only applying to New York, and two other states in the jurisdiction of

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