Category: Employment Immigration

August 12, 2021

Lawsuit Seeks to Prevent USCIS’s Potential Waste of Thousands of Employment-Based Visas

Each year, the US immigration system allocates  approximately 140,000 employment-based green cards that are distributed to applicants based on country of birth and other criteria. Despite the high demand for these green cards, the government often fails to issue all of the available green cards in a fiscal year. This failure is devastating because the […]

July 23, 2021

Employers May File H-2B Petitions for Returning Workers This Year

USCIS is announcing today that employers may file H-2B petitions for returning workers under the FY 2021 H-2B supplemental visa temporary final rule. Employers may take this action if they are likely to suffer irreparable harm without these additional workers. A petitioner must file a new Form I-129, Petition for a Nonimmigrant Worker, together with […]

July 08, 2021

What is happening with the EB-5 Immigrant Investor Program?

Since 1990, the EB-5 immigrant investor program has allowed foreign investors to receive permanent residence for their family members by allowing them to invest money in approved businesses, which must create at least 10 full-time jobs. The program had undergone several changes as announced in the so-called Modernization Rule under the Trump administration; however, due […]

March 31, 2021

USCIS announces that initial round of H-1B cap selection process has been completed

USCIS announced on 3/30/2021 that H-1B Initial Electronic Registration Selection Process Completed From the USCIS news release: USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap). We randomly selected from among the registrations properly […]

March 28, 2021

Seminar: Understanding the Latest Biden Administration Immigration Actions

Announcing Understanding the Latest Biden Administration Immigration Actions Seminar President Joe Biden has issued many executive orders and even proposed a comprehensive immigration bill to Congress. Join Asian Chamber of Texas and Attorney Ann Massey Badmus for insights and updates on these immigration action, particularly for businesses, employers, and individuals, including: Update on travel and […]

March 12, 2021

Second Chance for Denied H-1B Petitions During Trump Administration?

During the Trump administration, many H-1B applications, including renewals of H-1B employment, were denied due to three policies which federal courts have found to violate the law.  The policies were embodied in several USCIS memoranda: “Determining Employer-Employee Relationship for adjudication of H-1B petitions, including Third-Party Site Placements (Reference AFM Chapter 31.3.(g)(16)) issued January 8, 2010 […]

March 04, 2021

Biden Administration Revokes Trump Era “Buy American, Hire American” Executive Order

On January 25, 2021,  President Biden issued an executive order (“Made in All of America by All of America’s Workers”), which effectively revoked Trump’s Buy American and Hire American Executive Order (“BAHA”).  The revocation of BAHA may represent a shift in employment-based immigration policy in particular.  The BAHA order led to many restrictive immigration policies […]

March 01, 2021

Computer Programmers may now qualify again for H-1B visas

In its unrelenting assault on H-1B visas for IT professionals, the Trump administration turned back a long standing policy and denied thousands of H-1B petitions for computer programmer positions. The USCIS claimed these positions were no longer specialty occupations as defined by H-1B rules.  Many companies filed lawsuits to contest denials based on this policy […]