President Trump Signs Executive Order for Aligning Federal Contracting and Hiring Practices

By Radhika Balaji, Associate Attorney On August 3, 2020, President Donald Trump signed an Executive Order (EO 13940) on “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.”[1] This EO directs heads of federal agencies to review federal contracts and assess any negative impact on U.S. workers stemming from the use of…

USCIS and DOL Sign Memorandum of Agreement to Share Immigration Data

By Roujin Mozaffarimehr On Friday July 31st, The Department of Labor (DOL) announced that it entered into a Memorandum of Agreement (MOA) with the United States Citizenship and Immigration Services (USCIS). The MOA will allow the two departments to share immigrant and nonimmigrant petition records and data. This includes data within the Office of Foreign…

DOS PROVIDES ADDITIONAL DETAILS ON NATIONAL INTEREST EXCEPTION REQUIREMENTS FOR THOSE SUBJECT TO THE JUNE 22ND PROCLAMATION

By Roujin Mozaffarimehr As we reported back in June, on June 22, 2020, President Donald Trump signed a Presidential Proclamation suspending the entry of H-1B and H-2B visas and accompanying dependents, certain J visas, and L visas and accompanying dependents, and extending the April 2020 suspension on certain immigrants.  banning visa issuance through December 31, 2020. The…

USCIS Announces Final Rule to Be Published on Fee Increases

By Roujin Mozaffarimehr Today, USCIS announced that it plans to publish its final rule in the Federal Register on Monday, August 3rd, 2020 to increase fees across the board for immigration-related filings. A copy of the rule for public inspection can be found here. Notable changes include: I-90 Application to Replace Permanent Resident Card (online…

Trump takes aim at Non-immigrant workers in his latest Proclamation

By Roujin Mozaffarimehr and Kalpana Peddibhotla   On June 22, 2020, President Donald Trump signed a Presidential Proclamation intended to suspend the entry of certain nonimmigrants purportedly present a risk to the U.S. labor market in the period of economic recovery following the COVID-19 outbreak.[1][2] The suspension is set to take effect at 12:01 AM…

New June 17, 2020 USCIS Policy Memo dramatically changes adjudication of H-1Bs for IT Consulting Companies

By Radhika Balaji US Citizenship and Immigration Service’s settlement with ITServe Alliance will dramatically change the way H-1B visas have been adjudicated for the last 10 years for Information Technology companies. In its March 10, 2020 ruling in the ITServe Alliance lawsuit, the District Court opined that the two key policy memos from 2010[1] and…

Victory in the Courts—USCIS Required to Rescind 2018 Third Party Worksite Memorandum

On May 16, 2020 a landmark settlement was reached in the case, IT Serve Alliance, Inc. v. United States Citizenship and Immigration Services (IT Serve Alliance) after a decision was issued on March 10, 2020 by the District Court for the District of Columbia. The USCIS has agreed to rescind the February 2018 USCIS memo,…

USCIS Issues Updated Policy Memorandum Giving Officers Full Discretion to Deny Cases Without RFE or NOID

USCIS Issues Updated Policy Memorandum Giving Officers Full Discretion to Deny Cases Without RFE or NOID By Roujin Mozaffarimehr On Friday, July 13, 2018, the USCIS announced its rescission of the long-standing policy memorandum (PM), “Requests for Evidence and Notices of Intent to Deny” (2013 PM) which detailed the parameters surrounding an officer’s discretion to…

USCIS Issues Policy Memorandum Confirming Stricter Evidence Requirements for H-1B Petitions Involving 3rd-Party Worksites

USCIS Issues Policy Memorandum Confirming Stricter Evidence Requirements for H-1B Petitions Involving 3rd-Party Worksites On Thursday February 22nd, The USCIS issued its latest Policy Memorandum, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites.” The Memorandum largely confirms our firm’s warnings over the last year regarding the stricter adjudication of H-1B petitions involving 3rd party…