High Skilled Labor
Declining Immigration Is Leaving US Jobs Unfilled
The labor shortages currently afflicting many sectors of the U.S. economy are being aggravated by the arrival of fewer and fewer workers from abroad. Although immigration has been slowing since 2016, the biggest declines have occurred since the onset of the COVID-19 pandemic in early 2020. According to economists… Read More
Changing Cut Off Dates Leave India EB-3 Applicants in an Immigration Limbo
Annual limits on immigrant visa numbers, combined with processing delays and wasted numbers, mean even longer waits for people to become U.S. permanent residents. In November, the “cut off” date for visa eligibility retrogressed (moved backward in time) for people born in India who are in the employment-based (EB) third… Read More
Class Action Settlement Gives Second Chance to Qualifying US Employers for H-1B Petition Approval
A recent class action settlement is expected to result in U.S. Citizenship and Immigration Services (USCIS) approving more market research analyst H-1B petitions. The lawsuit was filed by four U.S. employers whose H-1B petitions had been denied when USCIS determined that market research analysts were not a “specialty occupation”… Read More
Lawsuits Challenge Change to H-1B Lottery Selection That Would Hurt Small Businesses, Start-ups
Businesses and industry organizations are among those pushing back against a rule that would change eligibility for filing an H-1B petition. The new rule would require the H-1B lottery selection to be conducted by salary level. A range of industries—from health care to higher education—that employ U.S. and H-1B workers… Read More
Ban on J-1 Exchange and Other Employment-Based Visas Set to Expire
A ban blocking certain employment-based visas implemented and extended by former President Trump is set to expire on March 31. The ban has likely prevented hundreds of thousands of people from participating in the American economy. In June 2020, the Trump administration… Read More
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 Over the past nine months, USCIS rescinded three policy memoranda after federal courts found the agency’s positions to be contrary to the law and… Read More
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
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