US Green Card Bonanza & H-1B Changes
US Immigration: Green Cards Bonanza Trump Loses In Court Twice & New Rules On H-1B Visas & Other October Updates
The first week of October has been busy for US immigration.
There have been a number of significant developments in U.S. Immigration in the past few days.
Are immigration fees going up or being frozen?
Check out how expensive working in the US is going to be soon.
✈ In this video:
0:00 – US Green Card Bonanza & H 1B Changes
0:24 – Federal District Court Halts Non-immigrant Visa Ban
On 1 October 2020, Judge Jeffrey S. White issued an order stopping the Department of State and Department of Homeland Security from enforcing the June 22, 2020 Presidential Proclamation 10052.
That proclamation suspended entry into the US of H-1B, L-1, H-2B and certain J-1 nonimmigrants (along with their spouses and children).
The H1B visa is an employment-based, non-immigrant visa for temporary workers.
The H1B visa is for an employer unable to fill the job in the US and must first apply to take on a foreign worker.
The L1 Visa is an intracompany transfer visa.
H2B Visas are intended for seasonal or temporary workers who do not work in the agriculture industry.
Whereas the Exchange Visitor (J) non-immigrant visa category is for individuals approved to participate in work-and study-based exchange visitor programs.
In the case of the National Association of Manufacturers et al., v. DHS, et al., Judge White limited the scope of the injunction.
He stopped the Trump administration from refusing entry to these workers.
Because it is considered as challenging to implement the specific injunction, it is expected that the DOS & DHS may choose to comply with it on a broader basis.
01:34 – Federal District Court Also Blocks increase in visa Fees
The same judge, in a different case, also issued an injunction preventing the DHS from enforcing its new fee rule, which was set to take effect on October 2, 2020.
The government is, however, expected to appeal the decision.
02:13 – More US Green Cards to Be Issued
Because of the coronavirus pandemic, consulate closures, visa bans and reduced government operations, there have been substantial slowdowns in family-based immigrant visa processing throughout fiscal year (FY) 2020.
This means that an estimated hundreds of thousands of individuals that have been waiting for years to complete their green card process are now eligible to submit the last stage of the process.
02:39 – President Signs Legislation Expanding Premium Processing
The law gives DHS immediate authority to increase premium processing fees and expand premium processing services and expands premium processing services.
03:27 – New Rules Fundamentally Change the H-1B Visa Program
The definition of H-1B specialty occupation is to be revised to include a requirement of a specific relationship between the required degree field(s) and the duties of the offered position.
Employers that want to sponsor foreign nationals for certain visas must confirm that they will pay the migrant worker the higher of the prevailing wage or the actual wage paid to other employees with similar experience and qualifications.
The U.S. Department of Labor (DOL) published an Interim Final Rule (IFR) that became effective immediately.
DOL has amended the existing wage methodology and has increased the wage levels for beneficiaries at all Occupational Employment Statistics (OES) levels.
It will mean that employers will have to pay a lot more for foreign workers.
What are your thoughts on the latest US’ visa applications rules?
Comment below.
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For more information and advice on US immigration, UK immigration law and US visa applications Or If you need any help or assistance please, reach out to your Visa Coordinator at IaM.
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