In a legal settlement effective as of November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. USCIS was challenged in a lawsuit (Shergill et al, v Mayorkas, 21-cv-1296-RSM) as a result of long-delayed EAD applications for certain nonimmigrant spouses. Under [...]
USCIS has recently announced that they will allow H-1B petitioners of certain denied H-1B petitions to petition USCIS to reopen (and hopefully, approve) the denial decision in light of certain now-rescinded policy memoranda (third-party worksite placements’ [...]
As we are in the back end of this year's H-1B work visa “cap” registration season (registration ends at noon ET on March 25th), we wanted to provide a reminder for the remaining steps and timelines for this year's H-1B cap season. As a reminder, the H-1B cap season this year has (1) registration period, [...]
As we are just about to enter into this year's H-1B cap lottery registration, we hear a common and interesting question from candidates and employers who are trying to evaluate the chances of selection under the lottery, "Would the chances of H-1B cap lottery selection be higher next year?" The answer is that different groups [...]
As we are heading into the H-1B cap season this year, USCIS has just announced that a January 7, 2021 H-1B Selection final rule which sought to introduce salary-based selection will be delayed until at least December 31, [...]
Among the many first-day actions taken by the new Biden administration was to immediately put a block (or delay) to some of the last-minute employment-based immigration rules which were sought to be rushed by the prior administration. In a January 20, 2021 memo, White House Chief of Staff Ron Klain directed in part, that (a) [...]
In a December 1, 2020 opinion (PDF copy), a U.S. Judge in Northern California has blocked the implementation of both the DOL and DHS/USCIS Interim Final Rules (IFR) which were introduced in October seeking to substantially increase the [...]
The Department of Homeland Security has substantially increased the I-907 premium processing service filing fee from $1,440 to $2,500 starting October 19, 2020. Under the optional premium processing service USCIS is required to provide a response within 15 calendar [...]
In a coordinated effort, both DHS/USCIS and DOL have just released two new rules which seek to introduce substantial changes to the H-1B program. DOL seeks to increase the prevailing wage levels by a substantial margin with immediate effective date of October 8, 2020. DHS/USCIS seeks to change the definition of specialty occupation and employer-employee [...]
On Friday, August 14, 2020, USCIS completed the second round of the H-1B cap selection lottery and notified the selected applicants. The August 2020 selection round was due to the fact that a (significant) number of [...]
