H-1B Visa

Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA).
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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.
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The Department of Homeland Security (DHS or the Department) is amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for the filing
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U.S. Citizenship and Immigration Services on Dec 6, 2019, announced a requirement for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10.00 H-1B registration fee before filing a petition. USCIS will open an initial registration period from March 1 through March 20, 2021.
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(December 11, 2020) Ridgewood, NJ. At NPZ Law Group, we regularly monitor developments affecting immigration policy to provide our clients with the informed representation they need and deserve. On Dec. 1, 2020, a federal court set aside two interim final rules promulgated by the U.S. Department of Homeland Security (DHS) and the Department of Labor (DOL) which would have restricted eligibility for H-1B Specialty Occupation visas.
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On December 1, 2020, in Chamber of Commerce, et al., v. DHS, et al., finding that the DHS and DOL H-1B wage rules were “promulgated in violation of 5 U.S.C section 553(b),” the U.S. District Court for the Northern District of California set aside the DHS interim final rule, Strengthening the H-1B Nonimmigrant Visa Classification Program, and the DOL interim final rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.
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On October 28th, 2020, The Department of Homeland Security (DHS) announced the transmission to the Federal Register of a notice of proposed rulemaking (NPRM) to amend regulations governing the process by which U.S. Citizenship and Immigration Services selects H-1B registrations  for filing of H-1B cap-subject petitions (or petitions, if the registration process is suspended).
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On October 1, 2020, a federal district court in National Association of Manufacturers v. Department of Homeland Security (NAM) enjoined the government from enforcing section 2 of Presidential Proclamation (PP) 10052 against named plaintiffs and members of the plaintiff associations. The named plaintiffs include: the National Association of Manufacturers, the U.S. Chamber of Commerce, the National Retail Federation, TechNet, and Intrax, Inc. Therefore, any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (as an exchange visitor) by, petitioned by, or whose petitioner is a member of, one of the above named organizations is no longer subject to PP 10052’s entry restrictions
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The U.S. Department of Homeland Security has announced an interim final rule (IFR) that strengthens the H-1B nonimmigrant visa program to protect U.S. workers, restores integrity to the H-1B program, and better guarantees that H-1B petitions are approved only for qualified beneficiaries and petitioners.
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As David Nachman, managing attorney at Nachman Phulwani Zimovcak Law Group, explained, Biden will be hamstrung by an obstructionist Republican Party and encumbered with a long list of priorities.

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The Wage and Hour Division of the U.S Department of Labor (DOL) as well as U.S. Citizenship and Immigration Services (USCIS) is tasked with making sure that employers employing Read more . . .