How The DOL’s New Wage-Level Rule will Affect the Work Visa Program

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By: Rachel Horner The Department of Labor has issued an interim final rule just days after a judge in California blocked both USCIS’ fee hike and the Trump Administration’s ban on entry for those with work visas. The rule, titled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” will serve as an adjustment to the four-tier prevailing wage methodology used when applying for either an H-1B, H-1B1, or E-3 visa. In the Level 1 tier, the minimum salary paid to those on a work visa will shift from the 17th percentile of their occupation’s income to the 45th percentile. Following the same trend, Level 2 will be moved from ...

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How New H-1B Visa Rules Could Harm the U.S. Economy

Posted by: Park Evaluations

By: Rebecca Anderson Last week, the Department of Homeland Security and the Department of Labor announced new rules for the H-1B visa system, changing the definition of “specialty occupation,” employee-employer relationships, and limiting the validity of an H-1B visa to one year for a worker placed at a third-party worksite. Overall, the new interim final rule will include fewer types of degrees, raise wages H-1B workers should be paid, and shorten the length of visas for contract workers. According to The Economic Times, the IT industry lobby group Nasscom said that the changes could potentially harm the U.S. economy by restricting access to talented workers from overseas and slowing down research and development processes due to the COVID-19 pandemic—a time ...

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Who is Amy Coney Barrett, and What is Her Stance on Immigration?

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By: Rebecca Anderson The Trump administration has officially nominated Amy Coney Barrett to replace the late Justice Ruth Bader Ginsburg on the Supreme Court. Many of Trump’s immigration policies, including the rollback of DACA and the Remain in Mexico policy will be upheld by her, analysts say. According to azcentral, Barrett, 48, a former University of Notre Dame law school professor and an appellate judge on the U.S. Court of Appeals for the 7th Circuit, has written decisions in three major immigration-related cases. In those particular cases, Barrett's decisions suggest she is a judge who interprets laws based on a rigid reading of the texts, rather than trying to decipher lawmakers' intent. According to Vox, Barrett helped to advance one of Trump’s key ...

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Trump administration targets H-1B visas through additional new reforms

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By: Rebecca Anderson The Trump administration is striking while the iron is hot, announcing additional immigration reforms. Earlier this week, the president put forth new modifications, making it extremely difficult for skilled foreign workers to acquire United States visas. According to The Hill, the strict changes are the latest efforts by Trump and the Department of Homeland Security to publish regulations targeting H-1B visas. Visa recipients work in many different industries, with the large majority of them in the technology sector, and the visas granted to these individuals allow them to stay in the U.S. for increments of three years at a time. “We have entered an era in which economic security is an integral part of homeland security. ...

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Federal Judge Blocks the Trump Ban on Foreign Worker Visas During the Course of the Pandemic

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By: Rebecca Anderson Last week, a Federal judge ruled that President Trump and his administration had “overstepped” their authority after suspending issuance of specific work visas during the COVID-19 pandemic. Judge Jeffrey S. White of the U.S. District Court of Northern California granted a preliminary injunction to temporarily block the implementation of the order, issued in June. According to The New York Times, the sweeping order applied to thousands of companies seeking to bring workers to the United States on a wide array of visas, including the H-1B for high-skilled workers, seasonal employees on guest-worker visas and others, such as au pairs, who enter the country on cultural exchange visas. “The entry of additional workers through the H-1B, H-2B, J, ...

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Navigating the U.S. Immigration System

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By: Rebecca Anderson You don’t necessarily need to be an expert or lawyer to comprehend various immigration policies and laws, but there are a few steps one needs to take before officially declaring citizenship. It’s also important to understand the four types of immigration status in the U.S. and what makes up each category. Here are the four classes of status: U.S. Citizens: According to masslegalhelp.org, a United States citizen is simply “someone who was born anywhere in the U.S. or its territories, including Puerto Rico, Guam and the U.S. Virgin Islands. Individuals from the American Samoa or Swain’s Islands are also considered citizens.” Those who are “naturalized”—citizenship given to someone who later becomes a resident through the U.S. Naturalization process—is also bunched in ...

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USCIS Filing Fee Increase Temporarily Halted by Federal Courts

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By: Rebecca Anderson As of this week, a district judge in California granted an injunction that temporarily halts the proposed increases made by the U.S. Citizenship and Immigration Services of schedule filing fees for incoming migrants. According to the National Law Review, this is based on the court’s preliminary ruling. This announcement comes on the heels of a former ruling in August that stated filing fees were increasing indefinitely. Ultimately, USCIS planned to implement these increases as of October 2, 2020. However, for now, immigration attorneys and clients can continue to file cases using the current USCIS filing fee structure to avoid having to rush to collect necessary documentation, etc. Why was the rule blocked? According to Boundless.com, Judge Jeffrey White of the ...

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Consular sections across India now accepting drop box applications for renewals of all nonimmigrant visa categories at Visa Application Centers across India

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By: Rachel Horner Under the Presidential Proclamation, the Department of State was barred from issuing immigrant visas. The proclamation “suspends the entry to the United States of certain additional foreign nationals who present a risk to the U.S. labor market during the economic recovery following the 2019 novel coronavirus outbreak.” However, the United States embassies in India, specifically in New Delhi, Chennai Hyderabad, Kolkata, and Mumbai, have recently begun a slow but steady re-opening of services. This is welcomed news for Indian nationals who need visas and eager to return to work. The priority for these centers will continue to be student visa applications. In addition to student visas, they will accept drop box applications for certain visa categories, including renewals of ...

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