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President Trump’s New Executive Order: What The Hire American Policy Really Means
April 19, 2017
President Trump has signed an Executive Order on April 18, 2017 directing among other things, rigorous enforcement and administration of the laws governing entry of foreign workers into the U.S. The new executive order directs the Secretary of State, Secretary of Labor, Secretary of Homeland Security, along with the Attorney General to suggest reforms to the H-1B program and propose new rules and issue guidance to protect the interests of US workers.
Startup Visa For International Entrepreneurs
January 18, 2017
Starting July 17, 2017, the International Entrepreneur Parole program will enable start-up business-owners and entrepreneurs to begin to establish and grow their business in the U.S. while bypassing the normal nonimmigrant visa process. USCIS will issue parole to qualifying foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through the potential for rapid business growth and job creation.
H-1B1, E-3 Nonimmigrants Eligible for 240 Days Continued Employment When Extension Application is Pending
January 19, 2016
DHS has published a final rule revising regulations affecting H-1B1, E-3, CW-1 Nonimmigrants and EB-1.2 Outstanding Professors and Researchers Immigrants. H-1B1 and principal E-3 nonimmigrants, whose status has expired while their employer’s timely filed extension of stay request remains pending, will now be authorized to continue employment with the same employer for up to 240 days.
Additional H-1B and L-1 Filing Fees Imposed for Certain Employers
December 28, 2015
On 12/18/15, President Obama signed into law the Consolidated Appropriations Act, 2016, the omnibus appropriations bill for 2016. Under the new law, employers that employ 50 or more employees in the United States, and where more than 50% of such employees are working under H-1B or L-1 status, will be required to pay an additional filing fee of $4,000 for H-1B petitions (including H-1B extensions), and $4,500 for L-1 petitions (including L-1 extensions).
Border Security Fee $2,000 and $2,250 For H-1B and L-1 Petitions Is No Longer Required
October 5, 2015
Provisions imposing the ‘border security fee’, an additional filing fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1 petitions has lapsed on October 1, 2015. Petitioning employers who employ 50 or more employees in the United States, and 50% of whose employees are in H-1B or L-1 status are no longer required to pay the border security fee for H-1B and L-1 petitions filed on or after October 1, 2015.
Infosys Pays Record $34 million to Settle Allegations of Systemic Visa Fraud and Abuse of Immigration Processes
October 31, 2013
The U.S. Justice Department has announced that Infosys Corporation has agreed to a civil settlement of allegations of systemic visa fraud and abuse of immigration processes. The settlement agreement requires Infosys to make a payment to the United States of $34 million, said to be the largest payment ever levied in an immigration case. The allegations against Infosys included that it knowingly and unlawfully used B-1 visa holders to perform skilled labor in order to fill positions in the United States for employment that would otherwise be performed by United States citizens or require legitimate H-1B visa holders.
CW-1 Visa Classification: DHS Sets Limit of 14,000 for FY 2014
October 03, 2013
The Department of Homeland Security (DHS) has recently announced a limit of 14,000 nonimmigrants for fiscal year (FY) 2014 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. The CW-1 program allows employers in the CNMI to apply for temporary permission to employ foreign nationals who are ineligible for any existing employment-based nonimmigrant category under the Immigration and Nationality Act (INA). The numerical limit applies only to CW-1 principals and does not directly affect persons currently holding CW-2 status.
USCIS Temporarily Suspends Adjudication of Most H-2B Petitions
April 05, 2013
USCIS has announced that effective March 22, it is temporarily suspending adjudication of most Form I-129 H-2B petitions for temporary non-agricultural workers. This development follows a Court order entered on March 21, 2013 that granted a permanent injunction against the operation of the portion of the Department of Labor’s (DOL) 2008 H2B wage rule related to certain prevailing wage determinations. Meanwhile, DOL has also published a notice in the Federal Register delaying the effective date of the “Wage Methodology for the Temporary Non-agricultural Employment H-2B Program” final rule (2011 H2B Wage Final Rule), in order to address legislation that prohibits any funds from being used to implement the Wage Rule for the remainder of fiscal year 2013. The effective date of the rule is now delayed until October 1, 2013.
Indian National Pleads Guilty in Fraudulent H1B Visa Scheme
March 27, 2013
An Indian national has pleaded guilty to five federal charges for his participation in a fraudulent scheme to obtain false H-1B visas for foreign workers. It is reported that the Indian national executed a fraudulent scheme by submitting materially false documents to obtain H1B visas for foreign nationals seeking employment in the U.S. He has also agreed to pay restitution to any victims harmed by his fraudulent conduct, and the final restitution amount will be determined by the court.
Sen. Grassley introduces H-1B and L-1 Visa Reforms Bill – Proposes Additional Requirements for H1B and L1 Approvals
March 21, 2013
On March 18, 2013, Senator Chuck Grassley and Senator Sherrod Brown introduced a bill that they claim will bring reforms to the H-1B and L visa programs. The proposed ‘H-1B and L-1 Visa Reform Act of 2013’ requires all companies to make a good faith effort to hire Americans first. The bill comes just days after more than 100 executives from the technology sector called on President Obama and the Congress to approve legislation to reform the country’s high-skilled immigration system, to make it a more open and flexible one that welcomes highly-skilled workers.

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