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New USCIS Rule States H-1Bs will not be Subject Wage-Based Selection Process

By Jeff Khurgel |

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule, “Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions” which would have changed the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for the filing of H-1B cap-subject petitions (or H-1B petitions for… Read More »

H-1B Public Access File Compliance for Employers

By Jeff Khurgel |

As the 2021 H-1B preparation season is upon us, employers considering sponsoring H-1B workers are reminded of their Public Access File compliance obligations. Overview of Public Access File Requirement Department of Labor regulations state that all employers who are sponsoring an H-1B worker should maintain certain documents related to the worker in a Public… Read More »

Premium Processing Changes Take Effect – Additional Applications Eligible and Filing Fees to Increase

By Jeff Khurgel |

Authorization for Premium Processing for applications beyond I-129 (Petition for Nonimmigrant Worker) and I-140 (Petition for Immigrant Worker) was signed into law by the President on September 30, 2020. The President signed H.R. 8337 the Continuing Appropriations Act, 2021 and Other Extensions Act, which, among other provisions, will fund the government through December 11,… Read More »

Employment-Based Progression in the October 2020 Visa Bulletin and Related News

By Jeff Khurgel |

With the new fiscal year approaching on October 1st, the U.S. Department of State has announced the per-country priority date cut-offs in its just-released October 2020 Visa Bulletin. As expected, there has been forward movement in many categories due to the new allocation of immigrant visa numbers. The EB-3 “All Chargeability” category made the… Read More »

Breaking News: Public Charge Rule Put on Hold by District Court Judge

By Jeff Khurgel |

On July 29, 2020, the Southern District of New York’s District Court enjoined USCIS and State Department personnel from enforcing the Public Charge Rule (84 FR 41292, 8/14/19) during the COVID-19 pandemic. The pause on enforcement of the Public Charge Rule is nationwide and applies as of July 29, 2020. USCIS announced on July… Read More »

I’ve Received a Notice of Intent to Deny my Immigration Petition (“NOID”) from USCIS, now What?

By Jeff Khurgel |

You’ve submitted a benefit request to USCIS, and in response you’ve received a Notice of Intent to Deny (“NOID”). This is, obviously, worrying, and a well-considered response is needed. Here are seven things to keep in mind as you digest the news of receiving the NOID and plan for what’s next. First, relax and… Read More »

New DACA Applicants Can Apply – District Court Judge Rules

By Jeff Khurgel |

Immigration authorities must resume accepting new applications for the Deferred Action for Childhood Arrivals program and comply with a recent Supreme Court ruling, a federal judge ordered Friday, July 14, 2020. A Supreme Court opinion last month prevented immigration authorities from moving forward with its plans to dismantle DACA, but last week’s order explicitly… Read More »

Trump Proclamation Limits Mostly H-1B and L-1 Visa Holders from Entering the U.S.

By Jeff Khurgel |

As we wrote yesterday, President Trump has issued a Proclamation immediately suspending the entry of some foreign nationals from entry into the U.S. Who is Affected by the Trump Proclamation? It is important to note that the Presidential Proclamation does not affect individuals who are currently physically located inside the United States. The Proclamation also… Read More »

Trump to Issue Executive Order Barring Entry of New H-1B and L-1 Visa Holders

By Jeff Khurgel |

Senior White House Officials announced today that President Donald Trump will issue a new Executive Order which bars some foreign citizens from moving to the U.S. on a number of work visas, including the H-1B specialty occupation visa and L-1 intracompany executive/manager and specialized knowledge visa, through the end of Calendar Year 2020. While the… Read More »

Summary of President Trump’s Proclamation Limiting Some Immigrant Visas for 60 Days

By Jeff Khurgel |

President Trump’s April 22, 2020 Proclamation Affecting the Issuance of Immigrant Visas for 60 Days In recent days, President Trump announced certain limitations on individuals entering the U.S. in response to the COVID-19 outbreak. Fortunately, when the presidential proclamation was released by the White House earlier today, on April 22, 2020, the restrictions placed… Read More »

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