Category Archives: H-1B Information

  1. USCIS Restores Its 2004 Deference Policy

    More great news coming from the Biden Administration. In 2004 USCIS released a policy which stated that officers should generally defer to prior determinations when making a decision on an extension petition.  However, the Trump administration rescinded this policy which created havoc, especially in the H-1B community.  It meant that individuals who had previously been…

  2. Life after the expiration of Proclamation 10052

    Despite a new administration no action was ever taken by President Biden to revoke Proclamation 10052. This Trump Proclamation suspended entry of certain nonimmigrants in the US and including those on H-1B, H-2B, J and L1s and was extended by Trump by Proclamation 10131 until March 31, 2021. However, the Department of State (DOS) has…

  3. Day 1 CPT Revisited

    2 years ago I wrote an article on the problems of taking Day 1 CPT and thought it was time to revisit this issue. Click here to see my previous article. At the time of writing my previous article, USCIS was taking a very firm stand on Day 1 CPT cases.  In fact, students applying…

  4. Related Entities Cannot File Multiple H-1B Filings For The Same Beneficiary

    USCIS recently released its updated FAQs on the electronic registration for FY2022.  Those questions can be accessed via the link below: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process One of those questions concerns multiple filings by related entities for the same beneficiary. USCIS reminds applicants that an employer may not file more than one H-1B petition for the same beneficiary in…

  5. 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…

  6. 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…

  7. Premium Processing: Congress Increases The Fees And Expands The Immigration Petitions Eligible

    On October 1, 2020, Congress passed a new Bill (Emergency Stopgap USCIS Stabilization Act was included in Division D, Title I of the Continuing Appropriations Act, 2021 and Other Extensions Act) increasing USCIS Premium Processing Fees from $1,440.00 to $2,500.00 for most cases. The good news is that the Bill also expands the immigration petitions…

  8. 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…

  9. 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….

  10. Trump’s Plan To Increase H-1B Enforcement

    Department of Homeland Security (DOL) and Department of Labor (DOL) to join forces to investigate H-1B violations On June 22 President Trump issued a proclamation suspending entry of non-immigrants into the U.S., namely those seeking to enter on an H-1B, H-2B, H-4, J or L visa. This proclamation also required the Secretary of Labor and…

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