Posts
Notes and updates on immigration law.
Final Rule on Creating Wage-Based Selection System for H-1B Cap-Subject Petition
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…
H-1B Lottery unlikely to be impacted by the New Rule
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:…
New Wage Rule Vacated
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…
USCIS No Longer Places Sticker to Extend Validity of Green Card
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…