News & Insights

  1. 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…

  2. 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…

  3. 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…

  4. 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…

  5. 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,…

  6. 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…

  7. 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…

  8. USCIS Provides Clarity On How It Calculates A Child’s Age Under The Child Status Protection Act (CSPA)

    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…

  9. 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…

  10. 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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