On January 8, 2021, the Department of Homeland Security (DHS) published a final rule which will replace the current random selection process by which USCIS selects H-1B registrations for filing of H-1B cap-subject petitions with a wage-based selection process. The new system will select registrations based on the highest Occupational Employment Statistics (OES) prevailing wage [...]
Due to the COVID-19 pandemic and other factors, USCIS is experiencing delays in issuing receipt notices for some applications and petitions filed at a USCIS lockbox facility. As a result of COVID-19 restrictions, an increase in filings, current postal service volume and other external factors, you may experience a delay of four to six weeks in [...]
U.S. Citizenship and Immigration Services has announced a final rule 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. According to the USCIS, modifying the H-1B [...]
On December 1, 2020, the U.S. District Court for the Northern District of California issued an order in Chamber of Commerce, et al. v. DHS, et al., No. 20-cv-7331, finding that the U.S. Department of Labor (the Department) failed to show it had good cause to forgo advance notice and comment under the Administrative Procedure [...]
CA District Court Sets Aside DHS Specialty Occupation and DOL H-1B Wage Rules Yesterday, December 1, 2020, the District Court for the Northern District of California, set aside the IFRs issued by the Department of Labor and the DHS-USCIS (scheduled to take effect December 7th), finding that defendants “failed to show there was good [...]
USCIS today announced it will increase fees for premium processing, effective Oct. 19, as required by the Continuing Appropriations Act, 2021 and Other Extensions Act, Pub. L. No. 116-159, signed into law on Oct. 1. The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of certain forms, [...]
I. DOL Interim Final Rule on Computation of Prevailing Wage Levels The Department of Labor is issuing rules amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. The IFR will be published today, 10/8/20, and will be effective on the date of [...]
On September 30, 2020 the President signed H.R. 8337 the Continuing Appropriations Act, 2021 and Other Extensions Act, which will fund the government through December 11, 2020. Included in the Act is language from the Emergency Stopgap USCIS Stabilization Act (H.R. 8089), which seeks to address USCIS’s budget shortfall. The relevant language begins on page 30 [...]
On September 29, 2020, a district court stayed the implementation and the effective date of the August 2020 Final Rule, which changed the fee schedule and required new versions of several forms, in its entirety pending final adjudication of this matter. (ILRC et al., v. Wolf, et al., 9/29/20) As of September 30, 2020, many of you [...]
Unlike most government agencies, USCIS is fee funded. Fees collected and deposited into the Immigration Examinations Fee Account fund nearly 97% of USCIS’ budget. As required by federal law, USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the cost of providing adjudication and naturalization services. Under a [...]