Category Archives: Blogs

  1. 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…

  2. 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,…

  3. 2020: A Year In Review

    Well, I don’t think anyone saw 2020 coming.  It was a turbulent year, what with the raging pandemic and the countless restrictive immigration measures enacted by the Trump administration.  In fact, for the Immigration Community, the last 4 years have been some of the most challenging that we have ever seen as the President did…

  4. New DOL And DHS Rules Struck Down In Federal Courts

    Two federal courts have struck down two government rules designed to reduce the number of visas issued to skilled foreign workers. It is anticipated that a third federal court will follow the same path. The two government rules (one from the Department of Labor and the other from the Department of Homeland security) impose salary…

  5. 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…

  6. 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…

  7. 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)…

  8. 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…

  9. 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…

  10. 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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