BEYOND THE BASICS HR Solutions for US Immigration By David Swaim, a 30-Year Texas Board-Certified Immigration Attorney
An Overview of Significant H-1B Regulatory Changes
Recently, the Department of Homeland Security (DHS) and the Department of Labor (DOL) have taken steps to drastically and fundamentally change the H-1B visa program, making it more difficult for U.S. employers and their employees to meet the requirements. Over the next few weeks, we will be going over these changes to the H-1B regulations […]
Prevailing Wages: An Alternative to the New Wages Announced by the Department of Labor
Recently, the Department of Labor (DOL) announced new wages for the Labor Condition Application (LCA) for the H-1 visa category as well as the Labor Certification process for permanent residence based on employment (the EB-2 and EB-3 categories). The new wages are significantly higher than the supposed “market†wages that DOL just issued this summer […]
Don’t Let Travel Outside The U.S. Jeopardize Your Permanent Residency Status
Individuals who obtain status as a Lawful Permanent Resident (LPR) often still have family in other countries, or simply a desire to travel. One of the most common questions they have is whether they can travel abroad and retain their status. The short answer is, “it depends.†It is important to first understand the difference […]
Ruth Bader Ginsburg’s Three Most Significant Decisions on Immigration
Supreme Court Justice Ruth Bader Ginsburg died on September 18, 2020. A well-known advocate of equality and women’s rights, Justice Ginsburg was also a champion of progressive rights in general and leaves behind a strong legacy of decisions on immigration. Although her impact cannot be quantified, below is a list of three of the most […]
Permanent Residency Opportunity Rapidly Increasing For Employment-Based Immigrants
Finally, many individuals in the United States who have waited months or years for the ability to apply for Adjustment of Status to become a Lawful Permanent Resident (apply for a green card) based on approved petitions filed by their employers have finally been granted that ability. This is due to the October 2020 Visa […]
Forthcoming Regulations Would Fundamentally Impact the H-1B Visa Program and Prevailing Wage Levels
On September 3, 2020, U.S. Citizenship and Immigration Services (USCIS) submitted an Interim Final Rule to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) entitled, “Strengthening the H-1B Nonimmigrant Visa Classification Program.â€2 Soon after publication of the USCIS Interim Final Rule (IFR), on September 16, 2020, the […]