Employers may now request reissuance of Prevailing Wage Determination PWD, issued from October 8, 2020 through December 4, 2020, which reflected a much higher wage based on the wage methodology used pursuant to an interim final rule which is no longer in effect. The deadline to request reissuance is February 8, 2021. The request must be based on an emergency situation which may be the following:...
Due to significant visa number movements in October 2020 which opened the door to a record influx of Green Card applications and the ongoing Covid Pandemic, USCIS has been slow in issuing receipt notices of petitions and applications. Even to this month, we have been receiving receipt notices for I485, I765, I131 that were filed in October 2020 although only a few remain outstanding. The...
As we get closer to the H-1B lottery selection date (at the end of March 2021), we urge employers to prepare early for H-1B registration and re-calibrate expectations moving forward especially in light of new rules designed to hinder the H-1B visa program. 2 New Rules: There are two Final Rules published during the waning days of the Trump Administration that would place a hefty burden on...
According to USCIS, a final rule has been announced on January 7, 2021 that will modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to protect the economic interests of U.S. workers and better ensure the most highly skilled foreign workers benefit from the temporary employment program. This effort will only affect H-1B registrations (or...
There are two published Final Rules released during the waning days of the Trump administration that would only allow high salary H-1B workers to be employed in the U.S. Below is a summary breakdown of the new rules and effective dates: 1. Final Rule on increasing H-1B wages (issued on January 14, 2021). Effective date: March 15, 2021. This is basically an amended version of similar rule that...
Update July 5, 2021 Due to a recent court decision in Chamber of Commerce, et al. v. DHS, et al., No. 20-cv-7331, the final rule on the computation of prevailing wage levels has been vacated and remanded back to the U.S. Department of Labor. The final rule was widely seen as an attempt to increase prevailing wages which would impact H-1B and PERM cases. DOL posted an update (copy below) on June...
Starting in January 2021, USCIS will replace the sticker that is currently issued to lawful permanent residents (LPRs) to extend the validity of their Form I-551, Permanent Resident Card (PRC or “Green Card”) with a revised Form I-797, Notice of Action for Form I-90, Application to Replace Permanent Resident Card. LPRs file Form I-90, when their Green Card expires or is about to expire.The...