Category Archives: Blogs

  1. 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)…

  2. 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…

  3. 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…

  4. 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…

  5. 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…

  6. 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…

  7. Trump’s Public Charge Rule Is Back

    There has been so much back and forth with Trump’s public charge rule that it’s difficult to keep up with the current status quo. In February of this year the Trump administration started to implement its public charge rule, requiring officers to make a prospective determination as to whether an intending immigrant is likely to…

  8. DHS is Taking Final Steps for The Publication of a New H-1B Regulation

    The current administration is now taking a big step in its agenda to restrict immigration. The Department of Homeland Security (DHS) is taking the final steps for the publication of new H-1B regulation. It is going to be the first time that this administration’s restrictions on H-1B visas will be officially published under a rule….

  9. District Court Refuses To Issue Nationwide Injunction Against The April And June Presidential Proclamations, Except For Diversity Lottery Winners

    As most of you will be aware President Trump issued two Proclamations, one in April and the second one in June of this year.  The first Proclamation suspended entry of Immigrants into the U.S. for 60 days for those without a valid visa or travel document.  The second Proclamation extended the first one through December…

  10. New DOS Guidance After Federal Suits Against The Presidential Proclamations

    Since the beginning of the Coronavirus Pandemic, President Donald Trump has issued two Proclamations banning entry of a huge range of foreign workers and family immigrants. The proclamations are supposedly in response to unprecedented unemployment levels. More specifically, virtually no employment-based immigrants (H1s, L1s, Js and their families) or family immigrants (except for the spouses…

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