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News, Events, & Insights

February 5, 2021
New Biden Legislation Makes U.S. Citizenship Possible for Undocumented Immigrants and Farmworkers

The bill, known as the U.S. Citizenship Act of 2021, provides undocumented individuals with an eight-year path to U.S. Citizenship. Undocumented individuals physically present in the United States on or before January 1, 2021, would be eligible for Temporary Protected Status (TPS). After five years, if they pass criminal and national security background checks and […]

January 8, 2021
USCIS Issues Final Rule on H-1B Cap Selection Process

On January 7, 2021, U.S. Citizenship and Immigration Services (USCIS) published a final rule on the H-1B selection process for new petitions filed in 2021. This new process prioritizes petitions with higher wage levels for selection. Petitions that offer “Level IV” wages will be given the highest priority, and then to wage Level III, Level […]

January 5, 2021
Federal Court Rejects USCIS Interpretation of “Specialty Occupation”

On December 16, 2020, the Ninth Circuit Court of Appeals issued a decision on Innova Solutions, Inc. v. Baran, holding that the languages used by the Bureau of Labor Statistics’ Occupational Outlook Handbook (OOH) for the computer programmer occupation meets the H-1B “specialty occupation” definition. The OOH publishes information on many occupations and their requirement […]

December 25, 2020
H-1B Program under Biden-Harris Administration

A federal court recently struck down Interim Final Rules promulgated by the U.S. Department of Homeland Security and the U.S. Department of Labor (DOL). In October 2020, DHS and the DOL issued final rules that would materially change the H-1B program. The DHS’s “Strengthening the H-1B Nonimmigrant Visa Classification Program” Interim Final Rule revised the […]

December 20, 2020
Who is Biden’s Nominee for DHS Secretary, Alejandro Mayorkas?

President-elect Joe Biden will be nominating Alejandro Mayorkas to lead the Department of Homeland Security (DHS), the agency that oversees the U.S. Citizenship and Immigration Services (USCIS). Under the Obama administration, Mayorkas served as the head of USCIS and the deputy secretary of DHS. If confirmed by Senate, Mayorkas would be the first Latino and […]

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