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On Tuesday, December 1, 2020, the U.S. District Court for the Northern District of California issued a decision setting aside the recently promulgated U.S. Department of Labor (DOL) prevailing wage rule that went into effect on October 8 without notice and the U.S. Department of Homeland Security (DHS) rule redefining “specialty occupation” for purposes of qualifying under the U.S. […]

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published in the Federal Register a proposed rule that would prioritize allocation of H-1B visas under the next Fiscal Year H-1B Quota based on the wage level of the offered position. The stated goal of the regulation is to fulfill President Trump’s order for DHS to take action to […]

On Wednesday, September 30, the U.S. Congress passed, and the President signed into law the Emergency Stopgap USCIS Stabilization Act which provided for new and increased premium processing fees coupled with an authorized expansion of the case types eligible for premium processing.  On Friday, October 16, USCIS announced partial implementation of the law.    Beginning Monday, October 19, USCIS will collect […]

On October 8, 2020, U.S. Citizenship and Immigration Services (USCIS) is expected to publish a new, interim final rule that will impose stricter requirements on those seeking to qualify for H-1B classification. The effective date of the new rule is expected to be December 7, 2020.  Change in H-1B “Specialty Occupation” Definition and Criteria  […]