Expert immigration attorney Jon Velie explores the latest immigration issues that are in the news with broadcaster Dave Kelso.
BREAKING NEWS FROM USCIS New policy guidance instructs immigration officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts. What does this mean? If there were no big changes in the case, no big error in
USCIS is now taking the Adjustment of Status components of the EB-1 green cards for citizens of India and China who filed their EB-1s as recently as January 1st, 2020. In the Biden Administration’s second month in office, they have now expedited the Extraordinary Ability, Multinational Executive, and Outstanding Researcher component to have priority dates
Immigration attorney Jon Velie answers how the Biden Immigration Bill, the US Citizenship Act of 2021, will impact business immigration. Rep. Linda T. Sanchez (D-California ) and Sen. Robert Menendez (D-N.J.), the Biden Immigration Bill’s chief sponsors, sponsored the US Citizenship Act of 2021 filed February 8, 2018. It is the first comprehensive Immigration bill
The Biden Administration issued a memo on January 20 immediately freezing “midnight regulations” that the Trump administration issued but had not yet taken effect within 60 days of the election and withdrawing all pending rules that had not yet been published in the Federal Register. The regulations implemented by the Trump Administration were: Changing the H-1B lottery selection process
We discussed and guessed on how Trump may stick it to immigrants in his last days last week. This week we have more clarity. The H-1B Registration Prioritization rule is at the public inspection desk. This is the final rule that was thrown out in a number court cases as recently as November 3rd. This
While the electors voted Joe Biden in as the next President of the United States, will Donald Trump attempt to further restrict H-1B visas and artificially hike wages for foreign workers after losing multiple federal cases on the regulations? The answer is a definite maybe. Here is the background. Two Trump agencies, the Department of
A couple of days ago we discussed the Federal Court’s decision to overturn the Department of Labor’s regulations to increase the prevailing wage for H-1B and other visas. As you might imagine, we immediately went to the Foreign Labor Certification Data Center’s website at flcdatacenter.com and looked up wages and they still had the ridiculously
LATEST H-1B NEWS! Judge throws out Trump Administration’s Interim Final Rule restricting H-1B visas!
A Federal judge has thrown out Trump’s H-1B and high prevailing wage regulations. The prevailing wage rule, proposed by the Department of Labor (DOL), was implemented in October, while the DHS rule for specialty occupation and limited validity of H-1B visas for third-party firms was to take effect Monday, Dec. 7, 2020. Just days before
President-elect Joe Biden has named Alejandro Mayorkas, whom some have described as the personification of the American Dream, as his Homeland Security Secretary, making him the top-ranking immigrant in the U.S. Mayorkas’ family originated in Turkey, Poland, and Romania. He was born in Havana, Cuba. His mother carried him to Miami, FL, aged six months.
Joseph R. Biden will be the next U.S. President, but with Trump in office until January 20, 2021, which visas will continue to be affected? People currently in the US may continue to file for any of the following visas. O-1 extraordinary ability P-1 athletes L-1 inter-company transferees and essential employees E-1 and E-2 investors
We compare the business immigration policies that President-elect, Joe Biden, has proposed to those that President Trump has enforced. It is not a surprise to anyone that President Trump has been the most anti-immigration president in modern history. How will Joe Biden’s immigration policy differ? Will he throw out all of Trump’s policies and open
At the request of the Trump Administration and in Presidential proclamations issued this summer, the Department of Labor and the Department of Homeland Security issued new H-1B restrictions that immediately jeapordized hundreds of thousands of foreign nationals working in the USA. As a result, three Federal lawsuits have recently been filed in three different courts,
Following President Trump’s recent proclamation, the Department of Labor and the Department of Homeland Security issued sweeping regulations on the definition and requirements for “specialty occupation”, the basis of the H-1B visa and the prevailing wage, the amount of money that must be paid to H-1B workers. The impact of this Interim Final Rule will
On Oct. 8th, the Trump administration announced two new rules that stifle U.S. companies’ ability to hire qualified H-1B visa holders. The Interim Final Rules were issued without any notice period or right to comment and lawsuits have already been filed. The irony of the Interim Final Rule is that Trump, who promised to bring
The Trump Administration released an interim final rule further restricting H1B regulations on October 6, 2020. The updated regulations redefine Specialty Occupation, limit validity of H1B Visas to one year for workers placed at third party work sites, and increases the enforcement tools to police companies that do not abide by H1B visa rules or
Congress passes Bill adding new USCIS Premium Processing categories. In good news for those who need their cases decided more quickly, Congress added a number of new Premium Processing options for those who want to file visa applications. Bill H.R.8337 calls for the expansion of Premium Processing for most employment-based immigration application and potentially all
OnlineVisas’ CEO and Immigration Attorney, Jon Velie, answers the 7 top questions around how to get around President Trump’s recent travel & visa bans via a “national interest exemption” (Proclamation numbers 9984, 9992, 9993, & 9996 issued on May 24, 2020). Q1. Who is barred from entering the U.S. under Trump’s travel bans? If you
OnlineVisas CEO and Lead Attorney of Velie Law Firm, Jon Velie, summarizes the six major changes in U.S. immigration that have occurred so far in 2020, and reveals the multiple ways it is still possible to file H-1B visas after President Trump’s H-1B ban. Right now we are experiencing the toughest immigration environment for at
How will the recent Trump immigration ban affect you? OnlineVisas’ CEO Jon Velie answers your questions around the President’s recent Executive Order of June 22, 2020 temporarily banning certain non-immigrant U.S. visas (in particular H-1B, L-1, & J-1 visas). 17 Questions about Trump’s immigration ban answered in the video Please make sure you watch the
On Monday, June 22, 2020, President Trump issued a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The proclamation will bar certain foreign workers from entering the United States beginning on June 24, 2020 and is set to expire on December 31, 2020 (with a