H-1B News
Challenging RFEs, NOIDs and Denials

H-1B News helps to keep you up-to-date with the changes being made to the H-1B visa program by the current administration including the new, restrictive H-1B regulations which were published in the Federal Register on October 8, 2020.

Without changing the laws regarding H-1B visas, both the denial rate and the number of RFEs on H-1B visa petitions have skyrocketed over the past few years.

H-1B News keeps you updated regarding the 2020 H-1B system, the LCA Flag System which began on October 1, 2019 and how best to respond to Requests for Evidence (RFEs) and to litigate H-1B denials in Federal Court.

The Department of Homeland Security (DHS) recently proposed a regulation which would abolish the H-1B lottery and replace it with a system which would select H-1B applicants based on salaries.  Those with the highest salaries in a particular occupation would be granted H-1Bs.

The proposed regulation will be published on November 2, 2020. Comments must be received by December 2, 2020.

For more information on how to get an H-1B visa, see our H-1B Visa Guide.

H-1B Visa News is divided into the following topics:

• H-1B News – Articles
• H-1B News – Government Resources
• H-1B News – Fighting Back Against RFEs and Denials
• H-1B News – Lawsuits

Client Reviews

H-1B NEWS – ARTICLES

• Biden Postpones Implementation of Rule to End H-1B Visa Lottery (1-20-21)
• DHS Publishes Final Rule to End H-1B Visa Lottery (1-08-21)
• Trump’s H-1B Visa Order To Cost US Firms $100 Billion: Report (10-23-20)
• Economic Research Exposes Flaws In DOL H-1B Visa Rule (10-22-20)
• Trump Moves to Tighten Visa Access for High-Skilled Foreign Workers (10-06-20)
• DHS/DOL Press Release Re: Changes to H-1B Program (10-06-20)
• USCIS reopens H-1B lottery as petitions for FY21 decline due to COVID-19 (8-14-20)
• Trump Expected To Suspend H-1B, Other Visas Until End Of Year (6-20-20)
• ITServe Settlement Overturns 10 Years Of H-1B Visa Policies (5-22-20)
• They Lost Their Jobs. Now They May Have to Leave the U.S. (5-13-20)
• GOP Senators Want to Halt H-1B Immigration for 60 Days (5-07-20)
• USCIS Disputes Improperly Denying 900 H-1B Visa Registrations (4-13-20)
• Judges Slap Down USCIS Again On H-1B Visas (4-08-20)
• USCIS Mistakenly Denied Over 100 H-1B Visa Registrations (4-02-20)
• Trump has built a wall of bureaucracy to keep out the very immigrants he says he wants (12-02-19)
• Fighting Fake News on H-1B Reform (10-02-19)
• H-1B Software Engineer Pay at Google, Apple, Microsoft (10-01-19)
• The Impact of Trump’s H-1B Visa Crackdown in 5 Charts (6-27-19)
• What are the Latest H-1B Visa Changes (5-08-19)
• US elections to decide fate of bill seeking better terms for H-1B visa holders (10-31-18)
• Key Questions Around Trump’s Recent H-1B Visa Executive Order (4-27-17)
• Trump to Order Wholesale H-1B Reform (4-18-17)
• Senator Calls on USCIS to Curb H-1B Abuses (3-29-17)
• Fears Arise that Trump has Dropped Ball on H-1B Reform (3-10-17)
• US Suspends Fast-Track H-1B Processing (3-06-17)
• H-1B Reform Bill Unites Political Opposites (3-03-17)
• Exemptions from the H-1B Visa Cap
• H-1B Examination: Test Your Immigration IQ

H-1B NEWS – GOVERNMENT RESOURCES

• H-1B Cap Season Starts on March 9, 2021
• Labor Dept. Issues Revised Rule Increasing H-1B and PERM Wage Minimums (January 2021)
• USCIS Modifies H-1B Selection Process to Prioritize Wages (1-07-21)
• Strengthening Wage Protections for the Temporary & Permanent Employment of Certain Aliens in the US – DOL (10-08-20)
• Proposed H-1B Regulations – DHS (10-08-20)
• U.S. DEPARTMENT OF LABOR ISSUES INTERIM FINAL RULE TO PROTECT WAGES OF AMERICAN WORKERS (10-06-20)
• FY 2021 H-1B Cap Petitions May Be Filed as of April 1 (4-01-20)
• USCIS Announces Implementation of H-1B Electronic Registration Process for Fiscal Year 2021 Cap Season (12-06-19)
• H-1B Debarred/Disqualified List of Employers (US Department of Labor)
• LCAs Must Be Filed Under the New FLAG System Starting October 1, 2019 (DOL)
• H-1B Statistics: 2014-19 (USCIS)
• DHS Proposes Minimal Registration Fee for Petitioners Seeking to File H-1B Cap-Subject Petitions (9-04-19)
• USCIS Completes the H-1B Cap Random Selection Process for FY 2019
• H-1B Fiscal Year (FY) 2020 Cap Season
• USCIS Completes H-1B Lotteries: 200,000+ H-1B Petitions Received (4-11-19)
• USCIS Reaches 65,000 H-1B Cap for FY 2020 (4-05-19)
• USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes (3-19-19)
• New H-1B Regulation (1-31-19)
• DHS Announces Final Rule for a More Effective and Efficient H-1B Visa Program (1-30-19)
• Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens – Proposed Regulation (12-03-18)
• DHS Proposes Merit-Based Rule for More Effective and Efficient H-1B Visa Program (11-30-18)
• H-1B Petitions by Gender and Country of Birth – FY 2018 (USCIS)
• USCIS Letter to Senator Grassley re: H-1B, H-2B and L-1B Restrictions (4-04-18)
• Approved H-1B Petitions (Number, Salary, and Degree/Diploma) by Employer Fiscal Year 2017 (USCIS)
• Policy Memo On Contracts and Itineraries Requirements for H-1B Petitions Involving 3rd Party Worksites (USCIS) (February 2018)
• H-1B Trends 2007-2017 (USCIS) (8-08-17)
• Characteristics of H-1B Specialty Workers (USCIS)
• USCIS Resumes Premium Processing for Certain Cap-Exempt H-1Bs (7-24-17)
• USCIS Policy Memorandum: Matter of A-T-Inc. (AAO 5-23-17)
• H-1B Random Selection Process Completed – USCIS (4-17-17)
• USCIS Suspends Premium Processing of H-1Bs Starting April 3, 2017 (3-03-17)

H-1B NEWS – FIGHTING BACK AGAINST RFEs AND DENIALS

• ITServe Alliance, Inc. v. USCIS – Settlement Agreement (5-20-20)
• USCIS Visa Petition Denials on the Rise (8-16-19)
• The Coming Tsunami in H-1B RFEs & Denials: What Employers Should Do (4-26-19)
• H-1B Visa Program: A Primer on the Program & Its Impact on Jobs, Wages, and the Economy (4-16-19)
• Avoid These 3 Reasons for H-1B Denials (4-05-19)
• Businesses Are Fighting Back Against USCIS’ Restrictive View of H-1B ‘Specialty Occupation’ (1-28-19)

H-1B NEWS – LAWSUITS

• Two More Major Lawsuits Filed Against Trump H-1B Visa Restrictions (10-20-20)
• New Lawsuit And Glaring Problems Threaten DOL H-1B Visa Rule (10-19-20)
• Stellar IT Solutions, Inc. and Kartik Krishnamurthy v USCIS (6-12-20)
• Employers Challenge H-1B Denials And Win! (4-12-20)
• ITServe Alliance v. Cissna (3-10-20)
• Challenging H-1B Denials in Federal Courts (12-04-19)
• USCIS Implemented New H-1B Wage Level Policy Without Providing Sufficient Guidance to Its Staff (10-01-19)
• US Court Agrees with USCIS H1B Specialty Occupation Denial (8-25-19)
• Employers Should Challenge Increase of H-1B Denials (6-12-19)
• Lawsuits Against USCIS Seek Suspected New Policies For Handling H-1B Petitions (5-30-19)
• U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial That Overlooked Web Developer’s Specialized and Complex Duties (5-29-19)
• U.S. Employer Challenges USCIS “Not a Specialty Occupation” H-1B Petition Denial of Market Research Analyst Job (5-16-19)
• H-1B Visa Court Case Could Curtail Restrictive USCIS Policies (5-13-19)
• Outsourcers file more than 40 lawsuits challenging Trump-era H-1B visa restrictions (3-01-19)

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