Do Workers Hired on the H-1B Visa Displace US Workers?

When looking specifically at the H-1B visa, there have been many news stories over the last two years – some claiming that the H-1B is primarily used to displace US workers (especially in the IT area), and that it is used to artificially keep wages lower.  Others claim the exact opposite, that the H-1B compliments

ALERT: USCIS has submitted H-4 EAD Recission Regulation to OMB

USCIS has submitted its proposed regulation to rescind the H-4 EAD regulations that have been in place since February 25, 2015.  While this is not a huge surprise, as USCIS has had this on their agenda since the new Administration has been in power, it is still somewhat of a surprise as it has taken

USCIS Proposes a New H-1B Employer Registration System

USCIS released a copy of a proposed rule that will be published on December 3, 2018. This proposed Rule, which will have a 30 day comment period, will set up a system that requires employers to pre-register in order to file an H-1B against the H-1B cap and would also change the way that USCIS

USCIS Reaches FY 2019 H-1B Visa Cap And Finishes Count

USCIS announced on April 11 that they had received enough applications to fill the FY 2019 H-1B Cap.  Just today they announced that they had completed the counting nad selection process.  We should begin to receive receipts first, then returned applications that were not selected.  Here is the text of the press release from USCIS:

USCIS Suspending Premium Processing for Cap Subject H-1B applications

Yesterday, USCIS announced that they would be suspending premium processing for 2019 Cap-subject applications until September 10, 2018.  This means you can only file cap-subject applications via regular processing.  Those applications that are cap-exempt, including those filed by universities and those for extensions of H-1B status, can continue to use premium processing.  Below is a

H1B Recent Trends: The Wage Level 1 Conundrum

In the last year, USCIS has certainly increased its scrutiny on all cases, especially on H-1B cases.One tact that USICS has taken is to insist that, if an employer has used a Level 1 wage, then, without any further review of the position, USCIS can assume that it is an entry level position and is

USCIS Changes Adjudication Standard for I-129 Renewals

USCIS Finishes Data Entry for ALL 2018 Cap Subject H-1Bs

USCIS announced on Wednesday that it has finished data entry for all cap subject applications it has accepted for the 2018 fiscal year.  USCIS will now begin sending back those applications not selected and will be transferring cases from Vermont to California to even the H-1B case load between the service centers.  While not all

New Presidential Executive Order “Buy American, Hire American”

Many of you know that yesterday President Trump signed a new executive order.  The idea of this order was to ensure that Federal grants and procurements go, first and foremost, to American companies and that the government focuses on ensuring that qualified Americans are hired prior to foreigners.  In terms of Immigration consequences, the executive

Final Rule Published by USCIS – Clarifies H-1B Cap Exemptions, Grace Periods for Non-Immigrant Visas, Retention of Priority Dates, and More

USCIS has just issued its final rule to  amend and add to its regulations regarding highly skilled worker.  These are the same changes I discussed about 1 year ago when USCIS issued a draft rule on these issues.  They have now been adopted.  Below is a summary of the provisions of this new rule.  Please