US Department of Labor (DOL) made an announcement late yesterday, Dec 3rd, 2020, stating that they are cancelling the H1B Wage Levels increase Interim Final Rule that was published by them on Oct 8, 2020. They are doing this to comply as per the recent Court Orders, where they lost the case. They gave guidance on how they plan to …
HR1044 + S386 Bill Passed in Senate – FULL Summary, H1B Changes, Next Steps?
H.R. 1044 Bill was passed in Senate on December 2, 2020. It included all the amendments that were proposed in the past in S.386 Bill. It was passed in Senate using unanimous consent without any objections. It was sent to House later and the Bill did not make it as there were disagreements on the amendments. You can read the …
Court Cancels H1B Rules – Wage Levels Change, 1 Year Approval
US District Court in Northern District of California issued an order today (Dec 1st, 2020) that set aside two recent H1B regulations that were issued by US Dept of Labor (DOL) and US Department of Homeland Security (DHS). In this article we will review the background, summary of the judgment, arguments points reviewed by court, what was the court ruling …
USCIS Policy Update – Discretion for Adjustment of Status Application Decisions
USCIS has made updates to its policy manual on the way they would adjudicate Adjustment of Status(AOS) applications filed using Form I-485 on Nov 17th, 2020. The updated policy memo has new “Discretionary Factors” that would be used to make a decision on the Adjustment of Status(AOS) application with USCIS for getting Green Card. In this article, we will cover …
I-94 Extension at Laredo, TX – US Mexico Border[2021] – 2 Experiences
As many of you know, you get shorter duration of I-94, if your passport is expiring before the petition expiration. To extend I-94, you have 5 options. One of them that works most of the times is crossing US border. One of our readers ( anonymous for privacy) went to Laredo, TX to extend their I-94. Also, another user Pavan …
Public Charge Rule Cancellation- Court Judgment on Hold
Public Charge rule is one of the biggest regulations that was proposed by DHS last year. As per DHS, it impacts about 382,264 people annually. Also, it could impact about 50% or 200,000 marriage based green cards applicant as Boundless. Today, it was cancelled by a federal judge in court judgement. Public charge rule cannot be applied nationwide as per …
H1B Lottery to be based on Wage Levels, Impacts 163K H1B filings
DHS announced a new H1B rule today that will change the way H1B registration lottery is conducted. DHS plans to change the H1B lottery selection based on the prevailing wage that employer plans to offer for that position. DHS is seeking public comments as part of the regulatory process. This rule is not final yet, but in the process. …
I-94 Extension in US : Bad Experience – Issues with CBP officers, Tips
As most of you know, you would get a shorter I-94 ( arrival departure record) duration at US Port of Entry than the approval notice listed end date, if your passport is expiring soon. As it is mandatory to have valid I-94 all the time in US, you need to apply for I-94 Extension within USA after getting new passport. Many users had normal experiences, …
ICE Arrests 15 F1 Students on OPT for Fraud, 1100 in violation
Today US Immigration and Customs Enforcement (ICE) arrested 15 students on F1 Visa OPT, who fraudulently used OPT program to stay in the country. It is part of an operation called “OPTical Illusion”. The operation was part of ICE enforcement that monitors F1 students for compliance and their status. SEVP and ICE monitors over one million nonimmigrant students in F …
17 Organizations file new Lawsuit on H1B Wage Levels Increase
Late yesterday evening, 17 organizations, which consist of group of Universities, non-profits, and businesses filed a lawsuit against US Dept of Labor regarding the recent rule on increase in the H1B, PERM Wage Levels & changes. This is the second lawsuit, the first one was filed by ITServe. In this article, we will review the lawsuit summary and key argument …
