High Skilled Labor
USCIS Begins to Reverse Course on H-1B Petitions
Employers and workers are starting to see a shift from U.S. Citizenship and Immigration Services (USCIS) on unlawful restrictions of the H-1B specialty occupation visa category. Over the past nine months, USCIS rescinded three policy memoranda after federal courts found the agency’s positions to be contrary to the law and… Read More
U.S. Businesses Sue USCIS for Rejecting H-1B Petitions for not Backdating the Employment Start Date
A federal lawsuit filed on behalf of seven U.S. businesses challenges USCIS arbitrary rejection of H-1B nonimmigrant employment-based petitions filed after October 1 solely because the H-1B worker’s intended employment start date falls after October 1. Read More
The Biden Administration Is Already Supporting Employment-Based Immigration, But Uncertainty Remains
Business immigration has already benefited from the change in administrations. On January 25, President Biden issued an executive order directly replacing a Trump-era executive order that wreaked havoc on the H-1B visa category. Biden’s ‘Made in America’ Order The recent executive order adopted “Buy American” policies and revoked President… Read More
What You Need to Know About the Latest Changes to the H-1B Registration Process
The Department of Homeland Security (DHS) recently issued a final rule changing the way U.S. Citizenship and Immigration Services (USCIS) selects the registrations of U.S. employers that want to file H-1B petitions subject to the annual “cap.” The end result could dramatically reduce the number of recent foreign graduates… Read More
Your COVID-19 Vaccine Was Likely Made by an Immigrant
The development of a COVID-19 vaccine is a global endeavor. The scientists and entrepreneurs creating the vaccine are of many nationalities and immigration statuses—as are the millions of people impacted by the pandemic who are anxiously awaiting a vaccine. The three pharmaceutical companies with vaccines near-ready for distribution—BioNTech, Pfizer, and… Read More
District Court Stops Regulations Restricting the H-1B Visa Category
On December 1, a federal district court judge disrupted the Trump administration’s relentless attack on legal immigration by halting two new sets of regulations. The U.S. Chamber of Commerce and others challenged interim final rules issued by the U.S. Departments of Homeland Security (DHS) and Labor (DOL) impacting the… Read More
Lawsuit Now Covers Hundreds of H-1B Petitions for Market Research Analyst Positions Filed by American Businesses
A federal judge has granted class certification in MadKudu Inc., et al. v. USCIS, et al., a lawsuit challenging U.S. Citizenship and Immigration Services’ pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analyst positions filed by businesses in the United States. Read More
USCIS Is Proposing an H-1B Rule That Ignores Why the Category Exists
U.S. Citizenship and Immigration Services (USCIS) recently issued a proposed rule that will change the way it selects the registrations of U.S. employers that want to file H-1B petitions subject to the annual “cap.” USCIS will now give preference to jobs with the highest wages. But the law establishing the… Read More
Three New Lawsuits Challenge Trump’s H-1B Worker Restrictions
Three new lawsuits have been filed challenging the Department of Labor’s (DOL) new rules impacting the H-1B visa category, with one also challenging the Department of Homeland Security’s (DHS) new H-1B rule. The complaints argue that the new H-1B rules will make it near impossible for many U.S. businesses to… Read More
Foreign Student Admission Restrictions Hurt America’s Leadership in Innovation
The proposal would negatively impact American colleges and universities and foreign students seeking a higher education degree in the United States and have long-term effects for the legal immigration system. Read More
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