New Rules Affecting H-1B Visa and Green Card Applicants through PERM Process Will Harm American Businesses
Gabriela Ungo • October 17, 2020
This is a subtitle for your new post
On October 6, 2020, the U.S. Citizenship and Immigration Service (USCIS) and notably the U.S. Department of Labor (USDOL) issued a Prevailing Wage Interim Final Rule which went into effect in less than 36 hours after posting. The new Prevailing Wage rule did not follow the correct APA procedures and did not give businesses, employees, and the stakeholder community impacted by the rule adequate notice for comment.
Also, on October 8, 2020, the USCIS issued an Interim Final Rule revising the definition of “Specialty Occupation” for H-1B Visas, changes the “employer-employee” requirements, and increases vetting of H-1B users. This new H-1B rule will take effect on December 7, 2020.
The first lawsuit to challenge the rule was filed today in a New Jersey Federal Court by a group of technology firms . The law suit alleges that the U.S. Department of Labor, without notice, "dramatically altered" the way it calculates minimum salaries for the H-1B visas and certain employment-based green cards. Unfortunately, U.S. businesses and employers including American research institutions, colleges and universities, will only stand to suffer as a result of these changes until an injunction is issued and the rule is struck down in court.
Importance that all foreign nationals promptly file Form AR-11, Change of Address during Trump Administration 2.0
USCIS announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025.
A Priority Date is essentially your place in line for a Green Card.
The USCIS Final Fee Rule will be effective as of April 1, 2024. It includes an overall weighted average increase of 40% in application fees
USCIS will soon be announcing the opening of the fiscal year (FY) 2025 H-1B Lottery. arch 1, 2024 is expected to be the first day on which USCIS will accepts H1B registrations for the fiscal year 2025 that begins on October 1, 2024.
The U.S. Department of State (DOS) released guidance and FAQs on the pilot program to resume domestic visa renewals for qualified H-1B nonimmigrant visa applicants who meet certain requirements.
Effective February 26, 2024, premium processing fees will increase from $2,500 to $2,805; from $1,750 to $1,965; and from $1,500 to $1,685
On October 23, 2023, the U.S. Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM) to modernize and improve the H-1B visa program. DHS will accept public comments until December 22, 2023.
Limited to principal H-1B applicants, the stateside visa renewal pilot program is expected to kick off early 2024, and will be available to nationals of countries that are not subject to visa reciprocity fees, such as India.
USCIS to increase the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens