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…
Category Archives: Blogs
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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…
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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…
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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…
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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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November 2020 Visa Bulletin Extends The Use Of The Filing Date Chart For Employment-Based Green Cards
Last month’s visa bulletin saw a surge in the priority dates for Indian Nationals and USCIS’ announcement that the filing date chart could be used was welcomed news. This allowed many Indian Nationals to file an adjustment of status application (sometimes with an EB-3 downgrade) and apply for employment authorization and travel document. Today, the…
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IT companies File Suit Against DOL Over Its New Wage Rule
After the Department of Labor (DOL) significantly increased the wages for all H–1B workers it is not surprising that a Federal Lawsuit has already been filed. ITServe Alliance along with several IT companies filed a lawsuit in the United States District Court in New Jersey on Friday, October 16, 2020, challenging the unlawfulness of the…
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October 2020 Visa Bulletin Is Finally Out And It Is Good News!
As many of you are already aware, the delayed October 2020 visa bulletin is finally out and it is good news. This fiscal year, there are 261,500 employment-based visas, compared to the usual allotted 140,000. This is as a direct result of an infusion of the unused family-based numbers from FY2020. USCIS has also confirmed…
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DOL’s Interim Final Rule Implements Higher Prevailing Wage Rates
On October 8, 2020, the Department of Labor (DOL) has issued an interim final rule (IFR) to incorporate changes to the computation of prevailing wage levels. The wage adjustments will affect the processing of H-1B, H-1B1, and E-3 temporary work visas, as well as the permanent labor certification program (PERM) applications. The IFR is effective…
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DHS Has Published New H-1B Regulations
The Department of Homeland Security (DHS) has published the New H-1B regulation. This appears to be in the effort to restrict legal immigration that has enhanced the American economy for centuries. The rule is an interim final rule (IFR), it is therefore vulnerable to legal challenges in federal court. See article DHS is Taking Final…