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]
Legal Alerts
USCIS May Reopen H-1B Petitions Denied Under Three Rescinded Policy Memos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(USCIS) today announced it may reopen and/or reconsider adverse decisions on H-1B petitions made based on three rescinded policy memos.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]
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]
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]
ICE announces extension to I-9 compliance flexibility until January 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 January 31, 2021. Employers with employees taking physical[Read More]
USCIS to Publish Notice extending TPS by nine months for Beneficiaries of TPS designations for Nepal, Honduras, El Salvador, Haiti, Nicaragua and Sudan
Washington, D.C. USCIS will publish Federal Register notice on December 9, 2020 about the Temporary Protected Status (TPS). This notice will extend the continuation of TPS for Beneficiaries of TPS designations for Nepal, Honduras, El Salvador, Haiti, Nicaragua and Sudan for nine months through OCTOBER 4, 2021, from the current expiration date of January 4,[Read More]
Federal judge strikes down rules which placed restrictions on H-1B visa program
Federal judge strikes down Trump administration’s rules which sought to restrict H-1B visas for skilled workers. The judge ruled that the interim final rules (IFR) proposed by the U.S. Department of Homeland Security (DHS) and the Department of Labor (DoL) were promulgated in violation of rule making provision of Administrative Procedure Act (APA). The government’s[Read More]
ICE announces extension to I-9 compliance flexibility until December 31, 2020
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 Dec. 31, 2020. Employers with employees taking physical[Read More]
DHS Proposes Sweeping regulatory changes in H-1B work visa program
U.S. Department of Labor (DOL) and U.S. Department of Homeland Security (DHL) has proposed sets of Interim Final Rules governing H-1B visa program and permanent labor certification program’s (PERM) prevailing wage system. These will restrict the definition of specialty occupation, limit the duration of approval for petition involving client-site (to 1 yr), and changing the[Read More]