DOL Wages Revised Through Interim Final Rule on October 8, 2020

by Roujin Mozaffarimehr On October 7, 2020, the Department of Labor published an interim final rule (IFR) (85 FR 63918) that dramatically changes the calculation methodology of the prevailing wage for OES-based wage levels for all occupations. This new rule took effect immediately on October 8, 2020 and impacts wage rates for H-1Bs, H-1B1s, and…

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…

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…

DOS Clarifies June 22nd Proclamation— Additional Details on National Interest Exception Requirements

By Roujin Mozaffarimehr As we reported last month, 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.…

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…

International Students under fire by the Trump Administration – will we still be able to attract international talent?

By Roujin Mozaffarimehr.  As the COVID-19 pandemic continues to unfold and impact all aspects of society, concerns have arisen as to the future of the F-1 OPT program under the Trump Administration. This post describes the history of OPT, the legal challenges and attacks on OPT, and, while no action has been taken to change…

As Trump suspends immigration, USCIS seeks $1.2 billion bailout

By Kalpana V. Peddibhotla and Desire Lance.  The COVID-19 pandemic has affected immigration into the U.S. on a number of fronts. Due to economic uncertainty, companies are less willing to initiate the transfer or hire of foreign nationals. As travel restrictions linger and U.S. Consulate services are suspended, it is difficult for foreign nationals to…