Monthly Archives: November, 2020

  1. USCIS Provides Clarity On How It Calculates A Child’s Age Under The Child Status Protection Act (CSPA)

    USCIS recently updated its policy manual regarding the CSPA, to provide clarity on how it calculates a child’s age and the “sought to acquire requirement.” The CSPA provides age-out protection for children who are affected by the delay in adjudicating applications.  Because of the long processing times the CSPA can prevent a child aging out…

  2. Proposed Revisions To Form I-864, Affidavit Of Support

    The Department of Homeland Security (hereafter “DHS” or its agency “USCIS”) proposes significant revisions to the regulations governing the Affidavit of Support (I-864). These proposed revisions published on October 1, 2020, are set to take effect within 30 to 60 days from their publication. What is the Affidavit of Support? The affidavit of support, Form…

  3. Use Of Alternative Wage Surveys To Overcome The New DOL Wage Rates

    On October 8, 2020,  the Department of Labor (DOL) published an interim final rule on prevailing wages drastically increasing the four DOL wage tiers of the Occupational Employment Statistics (OES) wage survey for H-1B, H-1B1, and E-3 temporary work visas, as well as permanent labor certification (PERM) applications. See our article on this here. With…

  4. Changes To The H-1B Lottery Process For FY2021

    The Trump administration has now issued a third rule, which radically alters the H-1B program. The first rule was a DOL rule, which significantly increased the wage levels.  See our earlier articles which discuss these changes: https://www.patellegal.com/dols-interim-final-rule-implements-higher-prevailing-wage-rates/ https://www.patellegal.com/it-companies-file-suit-against-dol-over-its-new-wage-rule/ The second rule was a DHS rule which changes the definition of H-1B specialty occupation, employer/employee relationship…

  5. What Will The Immigration Landscape Look Like Under A Biden Administration?

    Foreign nationals no doubt breathed a sigh of relief at the news that Joe Biden had beat Donald Trump to become the next U.S. President.   However, what will change under a Biden Administration? Over the last 4 years the Trump administration has tried to do everything in its power (and often outside of its powers)…

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