The Biden Administration has revoked or rescinded two Trump era policies: "Buy American and Hire American" (BAHA) Executive Order, andthe 2017 Computer Programmer Memorandum. Revocation of BAHA Executive Order The BAHA executive order was signed on April 18, 2017 by President Trump which aimed to protect and increase wages for US workers by restricting alien worker visas such as H-1B and L-1....
The answer should be fairly straightforward. But USCIS has not always been consistent in adjudicating similar cases. They are supposed to follow the "last action" rule. Once GC is approved, then the beneficiary becomes a lawful permanent resident from that point onwards. The pending H-1B extension may be approved but only up to the day before GC approval. But the varying adjudication outcomes...
On February 24, 2021, President Biden rescinded Trump's Immigrant Visa ban (Proclamation 10014) which suspended the entry of certain immigrant visa applicants. However, given the backlog caused by the Covid pandemic and the bans under Trump, the resumption of visa services will not be swift or back to pre-pandemic levels. The Department of State has provided an update on its website regarding...
E-3 status is similar to H-1B but reserved for citizens of Australia. And just like H-1B, there is a limit to the number of E-3 visas available to Australian nationals, but most of these numbers go unused each year. General requirements for E-3 are: Are a national of Australia;Have a legitimate offer of employment in the United States;Possess the necessary academic or other qualifying...
This is one of those questions where the answer may seem obvious at first glance but it is difficult to answer without elaborating. When you submit your I-485 application, you are at the final leg of the years-long journey to permanent residency in the U.S. As part of the green card application package, you may also submit I-765 (EAD) and I-131 (advance parole) together with your green card...
Q: When is the registration period? A: Registration starts at noon on March 9, 2021 and ends on noon eastern on March 25, 2021. Q: Do I need an attorney to register for me? A: No, company may register for its employees directly without the use of attorney. They should follow the instructions in the following link: Q: What documents do you need? A: If we are handling the registration process for...
Update, December 8, 2022 Considerations from the employer's perspective when terminating a foreign worker. Original Post, February 15, 2021 We often receive inquiries from clients and first-time callers who just got terminated or have been informed about their last day. Many of them hope for a quick fix but fail to grasp the reality of what is ahead. Only after expectations are properly...
UPDATE 02/24/2021: Prospective petitioners may use H-1B registrant accounts created last year, if applicable. Otherwise, they may begin creating new H-1B registrant accounts in MyUSCIS by selecting the “I am an H-1B registrant” account type, which will become available on March 2, 2021, at noon (ET) and remain available throughout the registration period. USCIS has confirmed that...
USCIS has confirmed that a new rule published during the waning days of the Trump Administration will be delayed. The rule was set to take effect on March 9, 2021 and would have changed the H-1B Lottery process to be wage-based than random selection. Biden's administration later issued memo to delay all "midnight regulations" for 60 days from the date of the memo and granted each agency...
In response to Ron Klain's Memo to delay all “midnight regulations”, the proposed rule “Removing H-4 dependent spouses from the class of aliens eligible for employment authorization” will not only be delayed but completely withdrawn by the Department of Homeland Security. Although many may now breath a sigh of relief, the current processing time for H-4 EAD is still a huge impediment....
