Today, on “Immigration Day,” the Biden administration issued a series of executive orders relating to its major immigration policy priorities, including: (1) revising the “public charge rule,” (2) rebuilding faith in the legal immigration system, (3) implementing a humane migration and asylum system, and (4) creating a task force to reunite migrant children who were separated from their families under the Trump administration. In remarks made at the signing ceremony, President Biden stated that he is “not making new law” but unraveling prior administration policies. 
Continue Reading On “Immigration Day,” Biden Signs Orders to Reverse Prior Administration Policies

H-1B Wage Rule Delayed

Yesterday, the DOL announced that, consistent with the Biden administration’s regulatory freeze, it will delay the application of a last-minute Trump Administration order meant to revise the computation of prevailing wages employers are required to pay H-1B, H-1B1, and E-3 visa holders. The new effective date of the regulation is May 14, 2021. In the interim, the DOL will open a 15-day comment period starting on February 1st, with a subsequent 60-day review period.

If it goes into effect, the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States rule would have a significant impact on sectors that rely on foreign workers, including the tech industry. While the Biden administration has signaled its intent to reverse the Trump administration’s H-1B policies, it is not clear that this regulation will be withdrawn. The Biden administration has expressed an interest to reform the temporary visa system so that “they are aligned with the labor market and not used to undermine wages.”
Continue Reading H-1B Wage Rule Delayed, Secretary Blinken Confirmed at State, and DHS Nominee Mayorkas Reportedly to be Filibustered

Several countries around the globe have imposed COVID-19 testing as part of their pre-travel requirements.  In line with these measures, Australia has joined the list of countries requiring COVID-19 testing, with the Department of Home Affairs in Australia announcing new measures.  Commencing on January 22, 2021, anyone traveling or transiting through Australia must provide evidence

In likely its last “midnight rule,” the Department of Homeland Security (DHS) plans to publish a more limited version of its Strengthening the H-1B Nonimmigrant Visa Classification Final Rule (the “Final Rule”). With the twin goals of aligning the H-1B regulations with the Immigration and Nationality Act and improving the integrity of the H-1B program, the Final Rule targets employers who assign H-1B workers to third-party worksites, requiring those employers to establish a valid “employer-employee” relationship.
Continue Reading Trump Administration Poised to Publish a More Limited H-1B Rule Before Inauguration Day

United States Citizenship and Immigration Service (USCIS) announced today that, starting this month, the agency will no longer use the sticker issued to lawful permanent residents to extend the validity of their Form I-551, Permanent Resident Card, or “green card.”  Instead, the agency will issue a revised Form I-797, Notice of Action, a change from

On the cusp of the transition of power to President Biden, the Trump administration is pressing forward with three separate rulemakings restricting the H-1B visa program, which employers rely on to hire foreign workers for specialty professions, including in the pivotal science, technology, engineering, and mathematics (“STEM”) fields. The new rules seek to substantially increase

On the cusp of the January 20, 2021 US presidential inauguration, the Trump administration has a few remaining days to take action on immigration priorities that have been key to the president’s platform. By presidential proclamation, the current administration extended a travel ban just a few short hours before the ban’s original expiration on December

This afternoon, the US District Court for the Northern District of California set aside two rules issued by the Trump administration pertaining to employer sponsorship of H-1B workers, both of which bypassed notice-and-comment rulemaking as required by the Administrative Procedures Act (“APA”):

  • The Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens

The UK Government has released a Statement of Changes in Immigration Rules, detailing new provisions related to the country’s Post-Brexit immigration system. Although the new system will go into effect on January 1, 2021, the Statement confirms that new applications under the Points-Based Immigration System (PBIS) will be accepted beginning December 1, 2020. For