The Department of Homeland Security (DHS) published a notice of proposed rulemaking on December 3, 2018, that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. USCIS said the proposed rule would also reverse the order by which the […]

U.S. District Judge Jon Tigar, of San Francisco, California, has issued a temporary restraining order blocking President Trump’s presidential proclamation and a new rule preventing certain types of asylum claims along the southern border of the United States. The order will remain in effect until a court hearing on December 19, 2018. President Trump had […]

The Departments of Homeland Security and Labor (Departments) have published a joint notice of proposed rulemaking (NPRM) that would “modernize” the recruitment requirements for employers seeking H-2B nonimmigrant workers to fill temporary nonagricultural jobs “to make it easier for U.S. workers to find and fill these open jobs.” The proposed rule would require electronic advertisements […]

U.S. Citizenship and Immigration Services (USCIS) has published a policy memorandum, effective November 29, 2018, clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year foreign employment requirement”). USCIS said this clarification is intended to ensure […]

The Department of Labor (DOL) announced several revisions to Form ETA-9035, the Labor Condition Application (LCA) for H-1B, H-1B1, and E-3 employment. Employers use the LCA to disclose the wages offered to professional temporary workers, as well as the prevailing wages for their occupation in the area of employment. The DOL has advised that a […]

In an action challenging the Department of Homeland Security’s rescission of Deferred Action for Childhood Arrivals (DACA), the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of preliminary injunctive relief stopping termination of the program. In 2017, Acting Secretary of Homeland Security Elaine Duke issued a memorandum rescinding DACA. The […]