Roundup of Biden’s Immigration Policies

Posted by: Park Evaluations

By: Rachel Horner President Biden has set the tone for his stance on immigration with a recent press release regarding his plan to transform the U.S. immigration system. The press release is essentially a fact sheet of Biden’s proposed “U.S. Citizenship Act of 2021,” and was published online by the White House. It lists several different facets of immigration the Biden Administration looks to reform and the specific ways in which they will do so.   Changes in Priority, Process  For measures regarding employment-based visas, the specific plans for reform are kept under the section “growing the economy” -- an already drastic shift in language from the Trump ...

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Wage Lottery Interim Rule Published

Posted by: Park Evaluations

By: Rachel Horner USCIS has published an Interim Final Rule that would change the H-1B cap selection process. The new rule, entitled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” was published on January 8, and will go into effect on March 9.   The previous process for selecting H-1B registrations during the lottery procedure was based on a random, computer-generated program. In the new process, registrations for H-1B cap-subject petitions will be picked in favor of the highest wage level. Specifically, those with an OES wage level of IV would be selected first, followed by levels III, II, and I.    DHS defended its IFR in ...

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A Rundown of the January 2021 Visa Bulletin

Posted by: Park Evaluations

By: Rachel Horner USCIS recently published January’s Visa Bulletin – the first bulletin for the new year.   Before we get into the cutoff dates, it’s important to note that USCIS has chosen to use the final action cutoff date for this month’s employment-based visas, rather than the date of filing typically used (family-based visas will still use date of filing). The dates for this month remained largely the same for every country, except for India and China, which saw minor advancements. The maximum advancement was the EB-1 for China and India, which saw a 5-month advancement.  Final Action Dates  EB-1  China and India: September 1 2019 (5 months)  Worldwide: Remains ...

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Trump Administration Extends Visa Ban and Lifts Ban on Health Insurance Requirement 

Posted by: Park Evaluations

By: Rachel Horner Now in its very last days, the Trump Administration has delivered a double blow to the immigration industry. The original proclamations issued by the Trump Administration to ban most immigrant entry in April and June 2020 (which were set to expire January 7th) have been extended to March 31, 2021.   The first proclamation, enacted in April 2020, suspended a majority of immigrants (specifically green-card holders) from entering the country. Following closely in its footsteps, Trump announced another proclamation last June, in which the Trump Administration specifically halted the entry of those holding H-1B, L-1, ...

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Ambiguous Language: USCIS Loses Appeal against Tech Company

Posted by: Park Evaluations

By: Rachel Horner Innova Solutions Inc. recently went to court against USCIS for the rejection of an H-1B visa, specifically for a Computer Programmer position. While rejections are not out of the norm, the argument behind the refusal and what transpired made this court case particularly interesting.  Innova originally petitioned for an H-1B petition for an individual with a bachelor’s degree. They used the OOH handbook to make the call that the candidate’s education contributed to their specialized knowledge, as OOH states that a bachelor’s degree or higher is typically the minimum requirement for entry into said position.   However, USCIS denied the visa because they believed that since

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Federal Judge Disposes Trump Administration’s Recent IFRs restricting the H-1B Work Visa

Posted by: Park Evaluations

By: Rachel Horner The federal courts struck down both of the Trump administration’s restrictive Interim Final Rulings (IFRs) proposed to significantly restrict the number of H-1B visas available to file and approve.  The US Chamber of Commerce filed lawsuits in California against both the Department of Labor and the Department of Homeland Security for their IFRs: “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States Rule” and “Strengthening of the H-1B Nonimmigrant Visa Classification”, respectively. The DOL’s proposition, which went into effect in October, targeted the minimum wage for those employed through the H1B work visa. Even at the lowest wage level, the minimum wage would have increased significantly (specifically from ...

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How an Expert Opinion Letter for PERM Could Potentially Prevent an Audit from the DOL

Posted by: Park Evaluations

By: Rachel Horner In our last PERM post, we discussed steps you can take to help ensure your PERM advertising campaign is successful. But what about other potential challenges from the Department of Labor (DOL), unrelated to a position’s advertising? Often, the DOL will take issue with a position’s requirements, its applicants, or its relation to previous positions held by the sponsored worker, leaving it on attorneys to respond swiftly and firmly. Fortunately, the team at Park Evaluations has put together a number of Expert Opinion Letters that, when prepared by our network of professors and industry experts, can directly tackle several of the DOL’s challenges. Below is ...

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Judge Rules Acting DHS Secretary’s Appointment Unlawful

Posted by: Park Evaluations

By: Rachel Horner In New York, a U.S. federal judge has blocked DHS secretary Chad Wolf from restructuring DACA permits. Justice Garaufis ruled that Wolf’s promotion to the position of secretary was unlawful; therefore, Wolf’s decision to reduce the validity of DACA permits, as well as to reject new DACA applications, is beyond the scope of his power.   Chad Wolf proposed multiple restrictions to the DACA program that would significantly harm its recipient by reducing work authorization and protection from deportation from two years to one. He also stated that those who submitted new DACA applications would not be accepted ...

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