One of the top 10 issues affecting US immigration in the next 100 days will depend on the outcome of lawsuits challenging an overhaul of the eligibility, wage levels, and employment rules for the H-1B visa category, which governs the hiring of highly-skilled workers by US employers across industries. Today a leading group of business
The Trump Administration has introduced long-anticipated changes to the H-1B visa program for highly-skilled foreign workers, aimed at tightening eligibility for STEM talent working at major US employers, including by imposing a rigid requirement that any job offered to an H-1B worker require a single specific degree in a subspecialty, and that each
COVID-19 developments, including the White House ban on green card applications made at US consulates abroad, economic changes, and reduced cross-border travel, reduced the volume of applications for immigrant visas in recent months, creating excess supply in employment-based (EB) immigrant quotas.
As a result, the US Department of State (DOS) adjusted the EB quotas to allow certain individuals who previously faced lengthy waits of up to multiple years to file for adjustment of status (AOS) to US permanent residency in the month of October 2020.
Continue Reading Executive Summary: The Gate to US Permanent Residency Opens in October 2020
As of September 15, 2020, Saudi Arabia’s Ministry of Interior has lifted certain international travel restrictions on citizens of the Gulf Cooperation Council states as well as expatriates and their dependents that hold a valid visa. Individuals who seek to re-enter the Kingdom are still required to meet all COVID-19 safety measures upon entrance, such
US Citizenship & Immigration Services (USCIS), the agency within Homeland Security responsible for adjudicating applications and petitions seeking immigration and naturalization benefits, announced on Tuesday, August 25, 2020, that it will not engage in en masse staffing furloughs before the close of the fiscal year on September 30, 2020. As previously reported on Mayer Brown’s
On Friday, August 14, 2020, US Citizenship & Immigration Services completed a second round of lottery selection for FY 2021 H-1B cap-subject petitions. The new selection round was due to the fact that the number of timely filings for H-1B petitions corresponding to registrations selected under the first round were insufficient to fill the annual quota of 85,000, which includes 65,000 H-1B petitions, and an additional 20,000 petitions allotted to beneficiaries who possess a US advanced degree. Employers whose H-1B petitions were selected in the first round of the lottery had between April 1 and June 30, 2020, to file petitions. As a result of the shortage in filings submitted by June 30, USCIS is allocating the unused numbers randomly among the non-selected cases under the first round.
Continue Reading USCIS Issues Second Round H-1B Cap Lottery Selection With A November 16, 2020 Deadline to File
On August 3, 2020, President Trump issued an Executive Order (“EO” or the “Order”) directing the heads of all agencies that enter into contracts to review the impact of contractors and their subcontractors employing H-1B visa holders on the wages and employment opportunities of US workers. Specifically, the EO directs all federal agencies to review
Some 70% of the 20,000 employees of US Citizenship & Immigration Services, the agency within Homeland Security that adjudicates visa-related benefits for all foreign workers, could face furloughs starting as early as August 3, 2020, unless Congress provides $1.2 billion in emergency funding. This budget shortfall was caused by a dramatic decrease in the number
In a media release issued on July 6, 2020, Immigration and Customs Enforcement (“ICE”) announced a rollback of the protections it afforded to foreign students in light of the COVID-19 outbreak. The July 6 release announced that foreign students will no longer be eligible for F-1 visas or to remain in the United States to participate in online-only courses of study. Coming only six weeks before the start of the fall semester, the guidance has raised serious concerns for premier US universities, for which foreign students provide one of the greatest sources of revenue, already leading Harvard and MIT to file suit challenging the sudden reversal in posture only six weeks before the start of the fall semester. Other major universities, accompanied by business groups and a number of state attorneys general, are considering challenges to the new policy.
The policy change is expected to affect an estimated more than 1 million student visa holders in the United States, as well as others presently outside the United States who have been admitted for the fall semester. Students currently in the United States and planning to attend schools that have elected to offer online-only classes in the fall 2020 semester “must depart the country or take other measures, such as transferring to a school offering in-person instruction to remain in lawful status” per the release.
The Government of India has not yet eased its ban on international flights or consular processing services. The latest announcement from the Government confirms: