The USCIS Rescinds Stringent Professional and Educational Requirements for H-1B Petition Adjudications in Response to Ninth Circuit Challenge

USCIS Rescinds Stringent Requirements for H-1B Petition
Feb24

Written by Taher Kameli & Chathan Vemuri On February 3, 2021, in what is sure to be welcome news for H-1B applicants, United States Citizenship and Immigration Services rescinded the 2017 Policy Memorandum PM–602-0142 that it previously issued under the Trump administration.[1] Under the 2017 Policy Memorandum, the USCIS discarded the US Department of Labor’s (DOL) classification of occupations covered by the H-1B program, specifically rejecting the DOL’s requirement that positions within that particular classification of H-1B occupations required only bachelor’s degree in computer science or a related field for entry.[2]   The USCIS also disagreed with

February 24, 2021
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Southern District Court of Texas Overrules Biden Administration’s Deportation Moratorium

Texas Overrules Biden Administration Deportation Moratorium
Feb18

Written by Taher Kameli & Chathan Vemuri The first two weeks of the Biden presidency has seen a dramatic pause on many of the Trump administration’s most controversial immigration policies, from ending the Muslim ban to reversing the policy focusing immigration law enforcement on any undocumented person regardless of criminal status or lack thereof, to ending an emergency declaration to divert funds to proposed border wall.[1] Yet opposition to these reversals remains as strong as ever in those states where the former President still commands high levels of support. In Texas last week, one state attorney general was able to

February 18, 2021
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District Court for the Northern District of California Strikes Down H-1B Regulations for Violating APA

Strikes Down H-1B Nonimmigrant Visa Program
Dec11

Written by Taher Kameli & Chathan Vemuri As noted before on this blog site, on October 8, 2020, the Department of Homeland Security issued an interim final rule that was meant to revamp the H-1B Nonimmigrant Visa program.[1] Called Strengthening the H-1B Nonimmigrant Visa Classification Program, this interim final rule changed the definition requirements for “specialty occupations,” among other aspects, in order to make applications for the H-1B Nonimmigrant Visa more challenging.[2]   The overall purpose behind the changes was to decrease reliance on the H-1B program and encourage employers to look more

December 11, 2020
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Trump Administration’s Public Charge Rule denying green cards to immigrants that need food stamps or other public benefits.

Trump Administration's Makes changes to Public Charge Rule
Dec03

Written by Taher Kameli & Chathan Vemuri Over the past year, immigration activists have steadfastly opposed the Trump Administration’s changes to the Public Charge Rule, which denied green card applicants who would likely use various types of public assistance, such as Medicaid, food stamps, and housing vouchers.[1] Legal challenges have been especially persistent, with the first wave of lawsuits leading to a hold placed on the policy by the Second Circuit Court of Appeals, which was in turn reversed by the Supreme Court by a 5-4 vote in January 2020.[2]     Concern was

December 3, 2020
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The Department of Labor’s New H-1B Wage Hike Rule Faces Overwhelming Legal and Empirical Challenges

H-1B Wage Hike implemented by Trump Administration
Oct30

Written by Taher Kameli & Chathan Vemuri The Trump administration caused an uproar among employers when it implemented its Interim Final Rule on October 8th, 2020 substantially increasing the amount in wages to be paid to employees who held H-1B visas in an attempt to pressure employers to drop them in favor of a domestic American workforce.[1]   In addition to boosting wages to pressure employers to look domestically for employees, it also changed the requirements for an H-1B visa by looking not simply for a college degree but specifically for degrees in “specialty occupations”

October 30, 2020
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