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]
News & Insights
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]
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]
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]
Liberian Refugee Immigration Fairness (LRIF) filing deadline Extended
The filing period for certain Liberian nationals and certain family members to apply for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) provision has been extended from one year to two years (see Sec. 901. Extension of Period for Adjustment of Status for Certain Liberian Nationals of the Consolidated Appropriations Act, 2021). If[Read More]
USCIS proposes a rule to favor Applicants with higher wage in selecting H-1B lottery
Washington, D.C. Today, the Department of Homeland Security (DHS) announced the transmission to the Federal Register of a notice of proposed rulemaking (NPRM) that would prioritize the selection of H-1B registrations (or petitions, if the registration process is suspended) based on corresponding wage levels. If finalized as proposed, this new selection process would incentivize employers to offer[Read More]
17 individual and organizational plaintiffs, including institutions of higher education, nonprofit organizations, and businesses brought lawsuit challenging Department of Labor’s Rule changing Prevailing Wage Determinations
Washington, D.C. Adhikari Law PLLC. Today, 17 individual and organizational plaintiffs, including institutions of higher education, nonprofit organizations, and businesses, brought a federal lawsuit to enjoin, in its entirety, the Department of Labor Interim Final Rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The poorly-drafted, improperly-issued[Read More]
Court orders Class Certification of FY 2020 DV Winners and orders to reserve visa for them
U.S. District Court for the District of Columbia in Washington, D.C. has ordered the Class Certification of the FY 2020 DV Winners and orders the U.S. State Department to reserve visa for them so that the Class can get immigrant visa even after September 30, 2020– end date of the Fiscal Year (FY) 2020. Otherwise[Read More]