Trump’s “Buy American and Hire American” order has been Rescinded by Biden

President Biden signed executive order on January 29, 2021 which revokes the "Buy American and Hire American" executive order signed during the Trump era. The BAHA order signed in 2017 led to initiatives that dramatically increased scrutiny of H1B and L1. Overall challenges in the forms of requests for evidence increased at one point to over 60%. Attached is the flyer from USCIS touting its...

Update on the Receipt Notice Delays

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...

Time to Prepare for H-1B Lottery Registration

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...

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 registrations (or...

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: March 15, 2021. This is basically an amended version of similar rule that...