News

At the beginning of the COVID-19 pandemic, the former administration issued a number of Presidential Proclamations that impacted both visa issuance and international travel.

Of note, there was one Presidential Proclamation that prohibited the issuance of immigrant (green card) visas and another on the issuance of the H-1B, H-2B, L-1, and certain J-1 visas. Earlier this year the Biden Administration lifted the immigrant visa issuance ban. The visa issuance ban on H-1B, H-2B, L-1, and certain J-1 visas will also be sunsetting as of tonight, March 31, 2021. It is our understanding that the Biden Administration will not seek to renew...

USCIS just announced today that they completed its H-1B lottery selection process for FY2022. Attorneys across the country are reporting a yield of about 28%, a much lower rate than before.

One can only surmise that this means that the number of registrations were higher this year, which leads to the conclusion that more employers have the need for H-1B professional workers. The H-1B visa program offers employment authorization where an employer has a position that requires a degree in a specific field and where the individual has such a degree. An employer must also promise to pay a specific...

USCIS just announced that the initial registration period for the upcoming H-1B lottery will run from March 9, 2021 (noon) until March 25, 2021 (noon). Employers and attorneys will be able to register individuals needing an H-1B visa at any time during this period. Preference will not be given to those who register earlier. If by noon March 25, 2021 there are more registrants than available H-1B numbers, USCIS will conduct a random lottery afterwards. Please note that should a lottery be conducted, 20,000 numbers will be allocated to registrants with US Master’s degrees or higher first, and then another...

The White House just outlined its plans for immigration reform under the Biden Harris Administration this week: https://www.whitehouse.gov/briefing-room/statements-releases/2021/02/02/fact-sheet-president-biden-outlines-steps-to-reform-our-immigration-system-by-keeping-families-together-addressing-the-root-causes-of-irregular-migration-and-streamlining-the-legal-immigration-syst/

While definitely a welcome, those involved with employment-based immigration are still waiting to see how this administration will be handling some of the “midnight” rules and proposals the former administration issued impacting the H-1B process.

One that has drawn a lot of attention is the proposal to allocate new H-1B visa numbers based on wage levels. When an employer files an H-1B petition, an employer promises to pay the foreign national the higher of either the actual wage rate paid to similarly occupied...

Since March 2020, due to COVID reasons, the Trump Administration imposed travel restrictions on individuals if these individuals were in the UK, Ireland, any of the Schengen countries, Iran, Brazil, and China within 14 days of entry into the United States. Certain exceptions, including National Interest Exceptions, existed.

Today, the Trump administration announced that it would be lifting this ban for individuals coming from the UK, Ireland, any of the Schengen countries, and Brazil with an effective date of January 26, 2021. The ban remains for those traveling from China and Iran. Travelers must comply with existing COVID testing requirements...

The US Department of Homeland Security (DHS) released a new Final Rule (FR) on Friday afternoon that is to be published shortly. This FR is to take effect 180 days from the date of publication and is entitled “Strengthening the H-1B Nonimmigrant Visa Classification Program.” In essence, it broadens the definition of an “employer-employee relationship” and could require end-users of H-1B professionals also to file H-1B petitions. Likewise, on the same day, the Office of Foreign Labor Certification (OFLC) of the US Department of Labor (DOL) and its enforcement branch the Wage and Hour Division (WHD) issued bulletins requiring the...