New Policy on H-1B Third Party Placement
On February 22nd, the USCIS issued a new policy memo on 3rd party placement. The new guidelines have immediate effect and will apply to this year’s H-1B cap petitions as well as H-1B extension requests. Generally speaking, petitioners planning third-party placements of H-1B empl...
The H-1b Visa Under Attack by the Trump Administration
The following is based on an article in the San Francisco Chronicle
Foreign Nationals who were once considered solid candidates for an H-1B visa — those with multiple degrees, high salaries offered by major tech companies – are receiving extra scrutiny and delays on their applications.
Thousands are also getting denied, pro...
New Regulations May Affect FY 2019 H-1B CAP
The Department of Homeland Security (DHS) plans to propose new regulations that, if passed in final form, would significantly change the H-1B program. The F-1 practical training and H-4 employment authorization rules would also potentially change.
The main changes include the following.
Termination of the H-4 employme...
New challenges with Hiring Foreign Workers in the U.S.
The current U.S. immigration landscape focuses on enforcement as opposed to process. This shift started happening in January 2017 after the inauguration of President Trump, and the beginning of new policies of protectionism and national security. The restrictive tendencies have also impacted business immigration matters, which te...
Premium Processing for FY 2018 Cap Petitions Resume
On September 18, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it has resumed premium processing for all H-1B visa petitions selected under the Fiscal Year (FY) 2018 cap. Likewise, premium processing has also resumed for the annual 20,000 petitions that are set aside for hiring workers with a U.S...
The End of DACA
On September 5, 2017, President Trump made a decision ordering the end of the Deferred Action for Childhood Arrivals (DACA) program. DACA is a program that began during the Obama-era that protects young undocumented immigrants from deportation. It is believed that nearly 800,000 young undocumented immigrants will be subject to deport...
USCIS Announces Expansion of In-Person Interviews
On August 28, 2017, the United States Citizenship and Immigration Services (USCIS) announced an expansion of in-person interviews. In compliance with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” this expansion will apply to several types of immigration applications for perman...
What is the “National Interest Waiver” Visa Category?
On Monday, July 31, 2017, attorneys Barbara Wong and Jenny Wang gave a brief overview of the National Interest Waiver visa category.
SEPTEMBER 2017 VISA BULLETIN ISSUED
The Department of State (DOS) has issued its September 2017 Visa Bulletin. Most notably, there has been a significant advancement for the priority dates for EB-2 and EB-3. There continues to be no advancement for the priority dates for EB-1 for China and India following a significant retrogression during the June 2017 Visa Bulletin...
WHAT IS THE RAISE ACT?
On August 2, 2017, Senators Tom Cotton (R-AR) and David Perdue (R-GA) introduced a revision to the Reforming American Immigration for a Strong Economy (RAISE) Act. The main purpose of this bill is to amend the Immigration and Nationality Act to:
Establish a skills-based immigration points system;