Due to a number of Federal Court rulings and the rescission of multiple Trump Admin memos restricting legal immigration, the denial rate for H-1b visas in the 1st 2 Q’s of FY2021 (Oct 2020-March 2021) have returned to normal levels. Check out this article for more details.
Yesterday, the DOL issued a new memo explaining that it will start requiring all secondary employers to file LCA’s for contractors placed at their location. The DOL cites to a new USCIS regulation which is expected to be issued on Tues the 19th which changes the definition of an employer. The DOL specifically states that… Continue reading DOL Issues LCA Memo Aimed at H-1b 3rd Party Placements
Yesterday, the USCIS was handed another defeat at the hands of a Federal Judge, this time from Atlanta. In a case that echoed prior decisions from other Federal Courts, the Court ruled that the USCIS’ practice and policy over the past 10+ years relative to H-1b adjudications was unlawful. The decision struck at the interpretation… Continue reading H-1b Victory with a Capital V !
Last week, the USCIS was met with another Federal lawsuit claiming that they are failing to properly follow the law when adjudicating H-1b cases filed on behalf of market research analysts. A successful outcome could provide assistance for others; such as business analysts, systems analysts, telcom, and finance occupations where the USCIS has questioned whether… Continue reading USCIS Sued Again Over H-1b Denials
We often hear about the victories that IT cos. have been scoring over the USCIS when litigating H-1b denials relative to specialty occupation, beneficiary qualifications, and employer-employee relationship issues; and, the wins are numerous. We rarely hear about the losses but, recently a Federal Court in Az. ruled against an IT company’s pursuit of a… Continue reading USCIS Scores Victory in Federal Court Over H-1b Company
Once again, the Buy American, Hire American (BAHA) policy of President Trump which has resulted in higher rates of denials for professional IT workers has had unintended (or maybe not) consequences which has resulted in IT jobs leaving the US and going to Canada. Check out this recent summary on Law 360.
Senior partner, Mike Hammond will be a speaker at the TechServe Alliance webinar discussing H-1b visas. The webinar will focus on issues facing IT and Engineering staffing/solutions firms.
The Trump Administration has directly and without equivocation attacked legal immigration sending U.S. employers and legal international workers into a state of uncertainty. For a nice summary, check out this recent article. In what can only be described as an ironic twist, Trump appointees to the Supreme Court, Gorsuch and Kavanaugh may soon come to… Continue reading Can the Supreme Court Save Business Immigration ?
Earlier this month, Compete America issued a letter to the USCIS challenging the way the agency is handling H-1b petitions in a manner that is negatively impacting STEM jobs, U.S. graduates, and U.S. employers and the practical effect is to promote off-shoring and the outsourcing of U.S. jobs overseas. Read the full letter here.
New proposed DOL regulations have taken direct aim at the staffing industry in an effort to create a chilling effect in the marketplace and limit this industries ability to employ H-1b workers. The Trump administration’s initiatives can be aptly described as death by a thousand cuts ! Bloomberg did a nice summary of the proposed… Continue reading Staffing firms targeted ……………. again !
The USCIS has announced that is has suspended premium processing for H-1b cap cases to be filed April 1st. This move was expected and previously announced to clients during our H-1b conf. call in Feb. Premium processing remains for all other H-1b filings.