Posted on January 24, 2021 by sethlerner1964
USCIS published a final rule in the Federal Register creating a wage-based selection process for H-1B registrations. The regulatory text is the same as the text in the notice of proposed rulemaking published on November 2, 2020. The rule is effective March 9, 2021.
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Filed under: Nonimmigrant Visa | Tagged: H-1B, h1b, Prevailing Wage, Work Permit | Leave a comment »
Posted on January 15, 2021 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Be sure to get your papers in order and LCA completed so that the H-1B can be ready to be filed on April 1, 2021 for starting date on October 1, 2121. It will be a mad rush to get the alloted assignments.
Filed under: H-1B | Tagged: H-1B, H-1B approval, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on December 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Finding that defendants “failed to show there was good cause to dispense with the rational and thoughtful discourse that is provided by the APA’s notice and comment requirements,” the U.S. District Court for the Northern District of California set aside the DHS interim final rule (IFR), Strengthening the H-1B Nonimmigrant Visa Classification Program, and the DOL IFR, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.
Filed under: best deportation attorney | Tagged: DHS, djhs, DOL, H-1B, h1b, Prevailing Wage | Leave a comment »
Posted on October 30, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS published a notice of proposed rulemaking in the Federal Register that would end the “B-1 in lieu of H” policy.
Filed under: best deportation attorney | Tagged: b-1, b1 in lieu of h1b, H-1B | Leave a comment »
Posted on October 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS issued an Interim Final Rule (IFR) regarding the H-1B visa program. The rule now restricts the program in several ways, including revising the definition of H-1B specialty occupation to include the requirement of a specific relationship between the required degree field and the duties of the offered position, and restores the requirement that employers provide contracts, work orders, itineraries or similar evidence to prove employer-employee relationship when sending H-1B workers to third party worksites. While this requirement was defeated in federal court, the rule restores the requirement. The IFR takes effect December 7, 2020.
Filed under: best deportation attorney | Tagged: DHS, H-1B, h1b, if, new rules | Leave a comment »
Posted on October 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS announced that, due to the injunction in National Association of Manufacturers v. DHS, any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (as an exchange visitor) by, petitioned by, or whose petitioner is a member of one of the plaintiffs in the suit is no longer subject to Presidential Proclamation 10052’s entry restrictions. Members are reminded that, while individuals may no longer be subject to the proclamation, they may still face difficulty in obtaining a visa appointment because many embassies and consular posts are not currently operating at full capacity.
Filed under: best deportation attorney | Tagged: Department of State, DOS, H-1B, H-2B, J-1, l-1, presidential proclamation | Leave a comment »
Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On June 22, President Trump signed an executive order enacting a temporary ban on many types of nonimmigrant visas. The ban prohibits the issuance of new visas to applicants of H-1B visas, H-2B visas for non agricultural seasonal workers, J-1 visas, and L-1 visas. There will be exemptions for food processing workers as well as some healthcare workers. The new restrictions took effect on June 24.
Filed under: best deportation attorney | Tagged: ban, H-1B, H-2B, J-1, l-1, nonimmigrant visas, trump | Leave a comment »
Posted on June 29, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On June 23, USCIS released a statement clarifying the impact of the newly released ban on new H-1B visas and other types of nonimmigrant visas. The restrictions do not affect those working in the U.S. on a valid H-1B or similar visa. Valid visa holders who are currently abroad will not be prevented from entering or reentering the U.S.
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Posted on March 31, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Earlier this month, a federal judge in North Carolina ruled that USCIS erred in denying an H-1B petition based on its finding that an engineering position did not qualify as a specialty occupation because it did not require a degree in a specific subspecialty.
Filed under: best deportation attorney | Tagged: engineering, H-1B, h1b, USCIS | Leave a comment »
Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
February 14, USCIS announced that it will not use pre-paid mailers to send out communication or final notices for FY 2021 cap-subject H-1B petitions. This includes communication to those requesting consideration under the advanced degree exemption. All mailing will be automated under a first-class mail process.
Filed under: best deportation attorney | Tagged: business visa, H-1B, h1b, lottery | Leave a comment »
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