Washington, D.C. U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Due to the continued precautions related to COVID-19, the DHS will extend this policy until May 31, 2021. The current extension includes guidance[Read More]
News and Alerts
DOL announces additional 18 months delay in effective date of prevailing wage rule affecting H-1B and PERM Workers
Washington, D.C. The U.S. Department of Labor (DOL) has issued a Federal Register notice proposing to further delay the effective date of the Final Rule, Strengthening Wage Protections (i.e. prevailing wage calculation method from the OES source) for the Temporary and Permanent Employment of Certain Aliens in the United States, for a period of eighteen[Read More]
USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos
Washington, D.C. U.S. Citizenship and Immigration Services (USCIS) today announced it may reopen and/or reconsider adverse decisions on H-1B petitions made based on three rescinded policy memos. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before the end of the validity[Read More]
A federal class action suit filed on OPT delays and rejections by USCIS
International students have filed a federal class action case against USCIS on its processing delays on Optional Practical Training (OPT) and improper rejections. The case was filed at the U.S. District Court for the Southern District of Ohio on the day before yesterday. Named plaintiffs’ attorneys have set up a Google Form for those who[Read More]
USCIS will begin H-1B Electronic Registration from March 9th through 25th for the 2021 lottery and it delayed the implementation of new rule
Washington, D.C. USCIS will open H-1B electronic registration period from March 9th through March 25th, 2021 for 2021 lottery. The H-1B random selection process, if needed, will then be run on those electronic registrations and it will notify the employer or the attorney on selected entries on the first draw by March 31st. Only those with[Read More]
Department of Labor announces delay in Effective Date of Final Rule affecting Prevailing Wages for H-1B, H-1B1, E-3 and PERM Workers
DOL has issued notice informing the public that the previously published Final Rule would be delayed from March 15, 2021 to May 14, 2021. On January 20, 2021, Ronald A. Klain, Assistant to the President and Chief of Staff, issued a memo titled “Regulatory Freeze Pending Review” that directed federal agencies to consider postponing the[Read More]
ICE announces extension to I-9 compliance flexibility until March 31, 2021
Washington, D.C.– U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will extend this policy until March 31, 2021. Employers with employees taking physical proximity precautions due[Read More]
Biden Administration Introduces bill, The US Citizenship Act of 2021, seeking to reform U.S. immigration system
Washington, D.C., Adhikari Law PLLC. On day one, President Biden sends an immigration bill to Congress to modernize U.S. immigration system. The U.S. Citizenship Act of 2021 bill establishes a new system to manage and secure border, keep families and communities safe, and better manage migration across the Hemisphere. The bill provides people who have[Read More]
U.S. Department of Labor Issues Final Rule to Reform Prevailing Wages For Foreign Worker Programs
The U.S. Department of Labor (DoL) today announced a Final Rule to reform the wage methodology it uses to set prevailing wage rates for Permanent Employment Certification, H-1B, H-1B1 and E-3 Visa foreign worker programs. The Department’s Employment and Training Administration administers the foreign labor programs covered by the Department’s wage methodology. On Oct. 8, 2020, the[Read More]
Trump Administration extends immigration bans till March 2021
Reuters News reports that Trump Administration has issued a new Presidential Proclamations extending the duration of the temporarily suspending the entry of immigrants and nonimmigrant workers (H-1B, L-1, J-1, H-2B and their dependents) who are outside the U.S. without a valid visa. The suspension will last until March 31, 2021. Proclamation reads: Section 1. Continuation of Proclamation 10014. [Read More]