Monthly Archives: January, 2021

  1. Trump’s Final Stamp On Immigration And Biden’s First Day In Office

    On January 15 DHS released the text of a new rule which will change the way USCIS will determine whether an Employer/Employee relationship will exist.  Furthermore, on the same day, DOL also released a memo that now interprets the regulations to require end-clients to also file an H-1B petition. USCIS had previously relied on two…

  2. O-1 Visa: General Information

    The United States Government can grant the O visa classification to a non-immigrant temporary worker who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. The classification…

  3. 240-Day Rule For H-1B Extensions

    Employers filing H-1B petitions need to be aware of the 240- day rule as it applies to filing H-1B extensions, as this rule allows employees to continue to work beyond the expiration of their authorized stay. This rule is particularly important when an Employer is filing an H-1B extension either when premium processing is unavailable…

  4. DOL Takes A Second Run At Increasing Its Wages

    DOL is publishing its Prevailing Wage Rule on January 14, 2021.  This rule previously went into effect on October 8, 2020, without any notice and significantly increased the DOL wages.  For further details of this rule please refer to our previous article, published on October 9, 2020. https://www.patellegal.com/dols-interim-final-rule-implements-higher-prevailing-wage-rates/ After the above rule was published, we…

  5. DHS is publishing an H-1B lottery final rule that gives preference to individuals with higher wages

    The Department of Homeland Security (DHS) is releasing a final rule changing the next lottery for H-1B specialty occupation visas from the current random selection process to one based on an individual’s wages. The final rule is to be published on 01/08/2021 and will be effective 60 days from the date of publication. Per USCIS…

  6. Trump Suspends The Entry Of Immigrants/Nonimmigrants By Another 3 Months

    Trump has one foot out of the door, but that doesn’t mean that he is done with issuing unlawful and discriminatory Immigration policies. In April and June of last year, Trump issued two Presidential Proclamations suspending the entry of certain immigrants and non-immigrants into the US.  The second Proclamation extended the suspension through Dec 31,…

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