On Dec. 1, the United States District Court in the Northern District of California set aside two Interim Final Rules affecting the H-1B program, holding that the Rules were promulgated in violation of the Administrative...more
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more
In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more
On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program. These rules sought to restrict access to H-1B visas by redefining the...more
Without notice or the opportunity for public comment, as required by federal law, the Department of Labor (DOL) issued a regulation that will significantly raise the minimum required wages for H-1B, H-1B1, E-3 and PERM labor...more
Anyone who works in legal or HR and handles work authorizations for their employees will agree that hiring foreign nationals or international transfers has become much more difficult under the current administration and its...more
Employers who file I-129 petitions to sponsor foreign nationals for work visas make a number of representations to the U.S. Citizenship and Immigration Services (USCIS) about the terms of the foreign national’s employment,...more
President Trump continues to push forward with his “Buy American, Hire American” initiative with the issuance of his third Executive Order No. 13881 (the “Order”) on July 15, 2019, entitled “Maximizing Use of American-Made...more
President Donald Trump’s most recent effort to maximize the use of goods, products, and materials produced in the United States through proposed changes to and enforcement of the regulations implementing the Buy American Act...more
In an announcement on Thursday, May 16, 2019, President Trump unveiled an outline of his new legislative plan to modernize the nation’s immigration framework, promising to “establish a new legal immigration system that...more
In 2017, President Trump issued an executive order entitled “Buy American and Hire American” which stated a commitment to do just that. Earlier this year, expanding on this policy, President Trump issued an executive order...more
New Executive Order Would Expand Domestic Preferences In Federal Procurement For Infrastructure Projects - On January 31, 2019, President Trump signed an Executive Order (“EO”) entitled “Strengthening Buy-American...more
The U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS) have partnered to establish a framework to efficiently manage and maintain information sharing to better detect and eliminate fraud, abuse,...more
Proposed changes to the rule authorizing employment for H-4 status holders could spell an increase in H-1B petitions this upcoming fiscal year, and ultimately, increased sponsorship costs for employers. ...more
The U.S. Citizenship and Immigration Services (USCIS) has published a memorandum establishing its policy relating to H-1B petitions filed for employees who will be working at one or more third-party worksites. ...more
Acting ICE Director Thomas Homan: “ [Our] clear message to employers who scheme to hire and retain a workforce of illegal immigrants: we will find you and hold you accountable”...more
Last week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21)....more
Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more
According to a news report, the Department of Homeland Security (DHS) is considering ending the ability to extend H-1B visas beyond the six-year limit of authorized stay. ...more
Following a six year investigation, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) unit issued a statement confirming a guilty plea on September 28, 2017 by Asplundh Tree Experts,...more
USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more
Wherever you fall on the political spectrum, there is no denying that the first 200 days of President Trump’s administration have been an interesting time for employers impacted by immigration regulations. The whirlwind of...more
The Trump Administration is evaluating potential reductions to U.S. cultural exchange programs that allow young people from across the world the opportunity to work temporarily in the US. The potential cuts would impact five...more
Despite the absence of new regulations or policies enacted following the President’s “Buy American and Hire American” Executive Order, a recent shift in the adjudication of H-1B visas indicates the Administration’s policy...more
Following the “Buy American, Hire American” Executive Order, issued in April, the Attorney General and the Secretaries of State, Labor, and Homeland Security have made operational changes that emphasize targeted...more