News, Insights and Resources

Catch your immigration partners either in person or streaming live!

Category
Countries

Protecting Migrant Workers – Obtaining Temporary, Seasonal Work Authorization Through the H-2 Visa Program

Want to learn more about the H-2 Visa program? Register for our upcoming H-2 webinar, and keep reading below! What is a migrant worker?  There is much confusion over the role that migrant workers play in the United States, and unsurprisingly several conflicting definitions are used for this important labor group. In the context of […]

DHS Announces National Interest Exception for ‘Noncitizen Nonimmigrants’ Traveling From Ukraine With a U.S. Citizen or Lawful Permanent Resident

In light of the current situation in Ukraine, Homeland Security Secretary Alejandro Mayorkas announced a national interest exception (NIE) to permit the entry until March 1, 2022, of noncitizen nonimmigrants who (1) are traveling with a U.S. citizen or lawful permanent resident; (2) were physically present in Ukraine as of February 10, 2022; and (3) […]

February 2022 Visa Bulletin Update

USCIS to Use Date for Filing for Adjustment Cases The Department of State has issued its February 2022 Visa Bulletin, which includes some modest advancement in final action dates in the EB-2 preference category, particularly for India. Final action dates for China EB-2 will advance over a month to March 1, 2019, while final action dates for India EB-2 will advance nearly six months to […]

Good News: USCIS Announces Plans to Ease Work Authorization Process for Certain E, L, and H-4 Spouses

Following the settlement agreement in Shergill, et al. v. Mayorkas, USCIS issued policy alert (“Policy”), clarifying details of Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses. It addresses recent massive delays in adjudication of employment authorizations documents (EAD) because of USCIS backlogs, resulting in detrimental impact on E and L spouses. Once […]

Workplace Immigration: Tips for Onboarding New H-1B Cap Employees

Employers can start onboarding new FY2022 H-1B employees effective October 1st.  Here are some WR Immigration’s tips for onboarding new H-1B employees. Start by completing Form I-9, the Employment Eligibility Verification form. Section 1 must be completed on day one of employment, and section 2, the employer verification portion, must be completed within three days […]

H-1B Denials Are Dropping. What’s the Long-Term Outlook?

According to reports, many H-1B petitions for highly skilled and qualified workers were denied over the four years of the Trump administration, often for reasons courts have deemed illegal. H-1B visa denials grew to high rates under the Trump administration—roughly one out of every four for initial employment in fiscal year (FY) 2018 were denied, […]

A ‘Giant Sucking Sound’: Why Are We Losing Top Talent?

To paraphrase Ross Perot – remember him? – there seems to be a “giant sucking sound” caused by highly skilled talent migrating from the United States to other countries. What is causing this, and what can we do about it? The Problem One thing is clear: this phenomenon can’t be blamed on the pandemic. At […]

Potential Improvements in Processing Times for Certain Nonimmigrant Applications

We are anticipating improvements in processing times for certain nonimmigrant applications. As of May 17, 2021, USCIS has temporarily suspended the biometrics requirement and the $85 fee for certain I-539 applicants, citing extreme delays due to temporary closures and capacity limitations brought on by COVID-19 safety protocols. This temporary suspension is expected to continue until May […]

Do H-1B Workers Displace American Workers? It’s Not a Zero-Sum Game

With the reduction in available U.S. jobs due to the pandemic and a slowdown in hiring, ways to create “good-paying jobs that can’t be outsourced” are a high priority, as President Joe Biden told Congress in April. It is often said that H-1B workers displace American workers and that restrictions on foreign workers create American […]

‘Dreamers’ and Farmworker Bills Pass House; Fate in Senate Uncertain

On March 18, 2021, two bills that would create a legalization pathway for “Dreamers” and for farmworkers (H-2A temporary agricultural workers) received bipartisan support and passed in the House of Representatives. Passage in the Senate is uncertain, however. According to observers, prospects for both bills in their current form seem dim. Some believe that the […]

FY 2021 H-1B Cap-Subject Nonselection Notices Issued

According to reports, U.S. Citizenship and Immigration Services (USCIS) appears to have finished selecting H-1B cap-subject lottery registrations for fiscal year (FY) 2021 (Oct. 1, 2020-Sept. 30, 2021). Employers and counsel who have not yet been notified can check their accounts in https://my.uscis.gov/ for a Form I-797C, Registration Nonselection. (The nonselection notices include a typo […]

DOL Proposes to Delay Effective Date of H-1B/PERM Wage Rule Until May

The Department of Labor’s Employment and Training Administration has proposed to delay the effective date of a Trump administration rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The implementation of the rule published in January will now be delayed until May 14, 2021. The notice states […]